70Interim exclusions

70 Interim exclusions

(1) The Regulator may issue an interim exclusion to a WCES worker or carer if—

(a) the Regulator reasonably believes that the worker or carer poses an unjustifiable risk of harm to WCES service users; and

(b) the Regulator reasonably believes that the interim exclusion is necessary to protect WCES service users before a Panel determines whether or not the worker or carer is to be excluded from providing a WCES service or a specified class of WCES services; and

(c) the Regulator has not referred the matter to a Panel.

(2) A Panel to which a matter is referred may issue an interim exclusion to the WCES worker or carer who is the subject of a matter referred to it under section 55(4)(b) or 63(b) if the Panel—

(a) reasonably believes that the worker or carer poses an unjustifiable risk of harm to WCES service users; and

(b) believes that the interim exclusion is necessary to protect WCES service users before the Panel determines whether or not the worker or carer is to be excluded from providing a WCES service or a specified class of WCES services; and

(c) has not determined the matter under section 79.

(3) An interim exclusion comes into force on the later of the following—

(a) the day on which notice of the exclusion is given under section 71(1);

(b) the day specified in the notice as the day on which the interim exclusion comes into operation.

(4) An interim exclusion issued under subsection (1) or (2) continues in force until—

(a) the interim exclusion is revoked under section 73; or

(b) a Panel determines under section 79 whether or not the WCES worker or carer to which the interim exclusion was issued is to be excluded from providing a WCES service or a specified class of WCES services.