S.I. No. 503/2023 - Social Care Workers Registration Board Criteria for Restoration to the Register Following Removal on Request Bye-Law 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th October, 2023.

The Social Care Workers Registration Board, in exercise of the powers conferred on it by section 31 of the Health and Social Care Professionals Act 2005 (as amended), with the approval of the Health and Social Care Professionals Council, hereby makes the following bye-law:

1. (1) This bye-law may be cited as the Social Care Workers Registration Board Criteria for Restoration to the Register following Removal on Request Bye- Law 2023.

(2) This bye-law comes into operation on 24 October 2023.

2. (1) In this bye-law –

“the Act” means the Health and Social Care Professionals Act 2005 (Number 27 of 2005) as amended from time to time;

“the applicant” means a person who submits an application to the board for restoration to the register following removal on request;

“the board” means the Social Care Workers Registration Board established under section 26(1)(j) of the Act;

“register” means the register of the Social Care Workers Registration Board established and maintained under section 36 of the Act; and

“removal” means removal from the register under Section 39(1) of the Act.

(2) For the purposes of this bye-law, an applicant shall be deemed to have applied for restoration upon the date the board receives an application for restoration under paragraph 3(1) or paragraph 3(2) from the applicant accompanied by the relevant fee.

3. For the purposes of section 39(2)(c) of the Act, the board has determined that a person must meet the following criteria for restoration to the register:

(1) If an applicant applies for restoration within 6 months of the date of removal of his or her name from the register, an applicant must complete the appropriate restoration application form and submit it and the relevant fee for restoration to the board.

(2) If an applicant applies for restoration 6 or more months and within two years after the date of removal of his or her name from the register, an applicant must:

(a) complete the appropriate restoration application form and submit it and the relevant fee for restoration to the board;

(b) provide any details required by the board in relation to any occupation and/or employment (whether paid or unpaid) undertaken by the applicant during the period since their removal from the register;

(c) in circumstances where an applicant engaged in the practice of any registered profession outside the State since their removal from the register, provide particulars regarding the applicant’s practice of that profession outside the State as appropriate, and provide a certificate of good standing / current professional status or equivalent from the regulatory body in the country where he or she engaged in such practice, where appropriate; and

(d) satisfy the board that the applicant is a fit and proper person to engage in the practice of the profession of social care worker and

(i) submit a fully completed and signed application for vetting disclosure (within the meaning of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 permitting An Garda Síochána to furnish any and all information lawfully permitted;

(ii) in the case of applicants who have lived outside of the State for such periods of time as the Board may specify, a certified copy of police clearance from the jurisdictions of previous residence (or such jurisdictions as the Board may deem appropriate) and/or such other information as the Board may from time to time determine in respect of such periods;

(iii) complete and sign a questionnaire together with such supplementary information as may be required, in a format satisfactory to the board as to health and character;

(iv) complete and sign a declaration that the applicant knows of no reason why their name should not be restored to the register; and

(v) complete and sign a declaration that the applicant has read, understood and agrees to comply with the Social Care Workers Registration Board Code of Professional Conduct and Ethics.

(3) If an applicant applies for restoration two years or more after the date of removal of his or her name from the register, an applicant must:

(a) comply with the criteria set out under paragraph 3(2) of this bye- law; and

(b) complete a statutory declaration in such form as may be specified by the Board from time to time.

(4) An applicant shall:

(a) verify any information or details contained in his/ her application for restoration where required by the board;

(b) supply to the board any further information relating to the application for restoration where requested by the board and within such period of time as may be specified by the board;

(c) provide any information which is required in connection with an application for restoration to the register to be supplied by means of a statutory declaration where required by the board; and

(d) comply with such requirements of the board in respect of the education, training and continuing professional development of registered social care workers as may apply from time to time.

(5) An applicant who wishes to resume the practice of the profession after not having practised the profession for such period as the Board may specify shall comply with such criteria or conditions as the Board may specify from time to time for the purpose of section 31(1)(a) of the Act.

GIVEN under the seal of the Social Care Workers Registration Board,

24 October, 2023.

HELENA DOODY,

Chairperson, Social Care Workers Registration Board.

LISA MOLLOY,

Member, Social Care Workers Registration Board.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This bye-law sets out the criteria for restoration to the register established by the Social Care Workers Registration Board for applicants who had been removed from the register at the applicant’s request under section 39.