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The Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013

Consolidated Text As Enacted Cited authorities 28 Cited in Amendments 7 Related
Vincent
JurisdictionScotland
CitationSSI 2013/227
Year2013
  • These Regulations may be cited as the Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 and come into force on 1st August 2013.
    • (1) In these Regulations––
    • “the 2001 Act” means the Regulation of Care (Scotland) Act 2001 ;
    • “the 2005 Order” means the Regulation of Care (Social Service Workers) (Scotland) Order 2005 ;
    • “the 2010 Act” means the Public Services Reform (Scotland) Act 2010 ;
    • “care service” has the meaning given in section 47 of the 2010 Act;
    • “the Council” means the Scottish Social Services Council as constituted by section 43 of the 2001 Act;
    • “the Council's rules” means rules made by the Council under section 49 of the 2001 Act;
    • “provider” is to be construed in accordance with the definition of “provide” in section 105(1) of the 2010 Act;
    • “registered” means registered in the part of the register maintained by the Council under section 44 of the 2001 Act which is most relevant to the position held by the person concerned and “registration” is to be construed accordingly;
    • “removal order” means an order removing a person from the Council's Register in terms of section 49(1) of the 2001 Act;
    • “restoration order” means an order restoring a person to the Council's Register in terms of section 49(1) of the 2001 Act;
    • “SCSWIS” means Social Care and Social Work Improvement Scotland as established by section 44 of the 2010 Act;
    • “social worker” has the meaning given in section 77 of the 2001 Act ;
    • “social service worker” means a person of one of the descriptions in article 2 of the 2005 Order.
    a person employed by a provider or SCSWIS means a person in paid employment (whether under a contract of service or apprenticeship) or a person engaged under a contract for services but does not include a person who volunteers to work without pay; andwork does not include the work of a person who volunteers to work without pay.(1) A provider of a care service may only employ a social worker in a care service who complies with regulation 4.(2) A provider of a care service may only employ a social service worker in a care service who complies with regulation 5 or 6.a social worker who complies with regulation 4; anda social service worker who complies with regulation 5, or who in terms of regulation 7 is exempt from the requirements of regulation 5.(4) It is an offence to fail to comply with the requirements of this regulation without reasonable excuse.(1) A social worker may only work in a care service if that social worker is registered.(2) A social worker must apply for registration as soon as reasonably practicable after starting work as a social worker in a care service.until the expiry of a period of 6 months from the date on which the social worker first starts work as a social worker in a care service; oruntil the application for registration referred to in paragraph (2) is granted,(4) Paragraphs (1) and (2) do not apply to a social worker who, by virtue of any enactment, requires to be registered to provide a care service with another person or body and is so registered.(5) The exception provided for in paragraph (3) does not apply to a social worker who has been the subject of a removal order under the Council's rules and that social worker has not been the subject of a subsequent restoration order.(6) In the case of a social worker who has been the subject of a restoration order, the six month period mentioned in paragraph (3) (a) commences on the date on which the restoration order has effect.(7) The exceptions provided for in paragraph (4) do not apply to a social worker registered on a register prescribed by article 2 of the Regulation of Care (Prescribed Registers) (Scotland) Order 2005 (1) A social service worker may only work in a care service if that worker is registered.(2) A social service worker must apply for registration as soon as reasonably practicable after starting work as a social service worker in a care service.until the expiry of a period of 6 months from the date on which a social service worker starts work as a social service worker in a care service; oruntil the application for registration referred to in paragraph (2) is granted,(4) Paragraphs (1) and (2) do not apply to a social service worker who, by virtue of any enactment, requires to be registered to provide or inspect a care service with another person or body and is so registered.(5) The exception provided for in paragraph (3) does not apply to a social service worker who has been the subject of a removal order under the Council's rules and that social service worker has not been the subject of a subsequent restoration order.(6) In the case of a social service worker who has been the subject of a restoration order, the six month period mentioned in paragraph (3) (a) commences on the date on which the restoration order has effect.paragraph (1) does not apply until the date specified in the corresponding entry in column 2 F16of Table A in the Schedule;that worker must be registered by that date; andparagraphs (2) , (3) , (5) and (6) do not apply.paragraph (1) does not apply until the date specified in the corresponding entry in column 3 of Table B in the Schedule;that worker must be registered by the date specified in column 3 of Table B in the Schedule; andparagraphs (2) , (3) , (5) and (6) do not apply.paragraph (1) does not apply until the date specified in the corresponding entry in column 3 of Table C in the Schedule;that worker must be registered by the date specified in column 3 of Table C in the Schedule; andparagraphs (2) , (3) , (5) and (6) do not apply.(8) For the purposes of this regulation, starting work includes starting work as a different type of social service worker (including with the same employer) .

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