OpenLegislation

Article 12 Approved qualificationsI1I2

United Kingdom

C1(1)

For the purposes of this Order a person is to be regarded as having an approved qualification if—

(a)

he has a qualification awarded in the United Kingdom which has been approved by the Council as attesting to the standard of proficiency it requires for admission to the part of the register in respect of which he is applying; F1or

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(ba)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3(c)

he has, elsewhere than in the United Kingdom, undergone training in one of the relevant professions and either—

(i)

holds a qualification which the Council is satisfied attests to a standard of proficiency comparable to that attested to by a qualification referred to in sub-paragraph (a), or

(ii)

the Council is not so satisfied, but the applicant has undergone in the United Kingdom or elsewhere such additional training or experience as satisfies the Council, following any test of competence as it may require him to take, that he has the requisite standard of proficiency for admission to the part of the register in respect of which he is applying; and, in either case,

F4(iii)

F5... he satisfies prescribed requirements as to knowledge of English; F6...

(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(1ZA)

The Council may determine that a specified state qualification is not evidence of having reached a standard of proficiency comparable to that evidenced by a qualification approved under paragraph (1)(a) only where one or more of Conditions 1 to 3 are met.

(1ZB)

Condition 1 is met where there exists a substantial difference between the standard of proficiency evidenced by the specified state qualification and the standard of proficiency it is necessary for a person to achieve for admission to the part of the register in respect of which the person is applying.

(1ZC)

Condition 2 is met where the professional activities to which a qualification mentioned in paragraph (1)(a) relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.

(1ZD)

Condition 3 is met where requiring a person who holds a specified state qualification to pass an aptitude test or to successfully complete an adaptation period, or to do both, would amount to requiring the person to acquire a qualification approved under paragraph (1)(a).

F8(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The Education and Training Committee shall determine procedures to—

(a)

assess whether a qualification awarded outside the United Kingdom is of a comparable standard to a qualification mentioned in paragraph (1)(a) and it shall, where it sees fit, keep a list of qualifications which are of a comparable standard which it shall publish and keep under review; F9and

(b)

assess other training or professional experience acquired outside the United Kingdom and to compare it, together with qualifications mentioned in sub-paragraph (a) where appropriate, with the standard of proficiency required for admission to any part of the register; F10...

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Word in art. 12(1)(a) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 9(a)(i) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Art. 12(1)(b) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 9(a)(ii) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 12(1)(ba) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 9(a)(ii) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Art. 12(1)(c)(iii) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 272(a)(ii)

F5

Words in art. 12(1)(c)(iii) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 9(a)(iii) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Art. 12(1)(d) and word omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 17(2)(b) (with savings (2.12.2019) in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F7

Art. 12(1ZA)-(1ZD) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 72

F8

Art. 12(1A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 9(b) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F9

Word in art. 12(2)(a) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 17(3)(a) (with savings (2.12.2019) in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F10

Art. 12(2)(c) and word omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 17(3)(b) (with savings (2.12.2019) in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

Modifications

C1

Art. 12(1) modified (1.8.2012) by The General Social Care Council (Transfer of Register and Abolition—Transitional and Saving Provision) Order of Council 2012 (S.I. 2012/1480), arts. 1(2)(b), 14(2)-(6) (with art. 14(8))

Commencement

I1

Art. 12 not in force at made date, see art. 1(2)

I2

Art. 12 in force at 9.7.2003 in so far as not already in force as notified in the London Gazette dated 27.6.2003, see art. 1(3) (with transitional provisions in S.I. 2003/1700)

I3

Art. 12(1)(c)(iii) in force at 14.3.2003 for specified purposes as notified in the London Gazette dated 7.3.2003, see art. 1(3)

Notes on the whole SI

Textual amendments

F1

Title substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 45; S.I. 2019/1436, reg. 2(s)