The Social Workers Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/893

2018 No. 893

Social Work, England

Health Care And Associated Professions, England

Mental Capacity, England

Mental Health, England

Professional Qualifications, England

The Social Workers Regulations 2018

Made 22th July 2018

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes the following Regulations in exercise of the powers conferred by: section 29(2A) of the National Health Service Reform and Health Care Professions Act 20021; paragraphs 129(3) and 130 of Schedule A1 to the Mental Capacity Act 20052; sections 151(1) and 153(1) of the Equality Act 20103; and sections 38, 39(3) and (4)(a) and (c) to (m), 40, 43(3) to (6), 44(3) to (5), 45, 48, 50(1)(a) and (c) and (4) to (7), 52(2), 53(1)(d), 55(2) and (3), 57(1) to (3), 66(1) and (2), and 67(2) of the Children and Social Work Act 20174.

In accordance with section 58(1) of the Children and Social Work Act 2017, the Secretary of State has carried out a public consultation.

In accordance with sections 152(1) and 153(4) of the Equality Act 2010, the Secretary of State has consulted the Commission for Equality and Human Rights. In accordance with section 151(8) of that Act, the Secretary of State considers that the extension of the application of section 149 of that Act relates to persons by whom a public function is exercisable.

In accordance with section 38(3) of the National Health Service Reform and Health Care Professions Act 20025, section 65(4B) of the Mental Capacity Act 20056, section 208(2), (4), (5)(f) and (8) of the Equality Act 2010, and section 68(2) of the Children and Social Work Act 2017, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

1 General

PART 1

General

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Social Workers Regulations 2018.

(2) Subject to paragraph (3), these Regulations come into force on the date on which section 39(1) of the Act comes into force.

(3) Regulation 40 (amendment to the Equality Act 2010) comes into force on the day after the day on which these Regulations are made.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Act” means the Children and Social Work Act 2017;

“the Authority” means the Professional Standards Authority for Health and Social Care established by section 25(1) of the National Health Service Reform and Health Care Professions Act 20027;

“adjudicator” means an individual appointed under regulation 15(12), 16(4), 19(3) or 25(7)(c);

“adviser” has the meaning given in regulation 4(2);

“AMHPs course” has the meaning given in regulation 20(1)(d);

“appointee” has the meaning given in regulation 37(3)(c);

“approved course of initial education or training” has the meaning given in regulation 20(2);

“approved qualification” has the meaning given in regulation 20(2);

“case examiner” means an individual appointed under regulation 25(7)(b);

“conditions of practice order” has the meaning given in paragraph 13(1)(c) of Schedule 2;

“custodial sentence” has the meaning given in section 76 of the Powers of Criminal Courts (Sentencing) Act 20008;

“education and training approval scheme” has the meaning given in regulation 20(1);

“fitness to practise proceedings” has the meaning given in regulation 25(1)(a);

“function”, in relation to the regulator, has the meaning given in regulation 8(3);

“inspector” has the meaning given in regulation 21(2);

“interim conditions of practice order” has the meaning given in paragraph 8(5)(b) of Schedule 2;

“interim suspension order” has the meaning given in paragraph 8(5)(a) of Schedule 2;

“investigator” means an individual appointed under regulation 25(7)(a);

“listed offence” has the meaning given in regulation 26(8);

“necessary knowledge of English” means a knowledge of the English language which is necessary for safe and effective practice as a social worker;

“professional standards” means professional standards determined and published by the regulator under section 41(1) of the Act9;

“register” means the register described in section 39(1)10of the Act;

“registrar” means any person appointed under regulation 8(1);

“regulatory body” means a body, other than the regulator, which authorises a person to practise a health or social care profession which is regulated under any enactment, whether in the United Kingdom or elsewhere;

“relevant European State” means an EEA State or Switzerland;

“relevant institutions” has the meaning given in regulation 20(5);

“remedial direction” has the meaning given in regulation 36(2)(b);

“removal order” has the meaning given in paragraph 13(1)(a) of Schedule 2;

“rules” means rules made in accordance with regulation 3;

“suspension order” has the meaning given in paragraph 13(1)(b) of Schedule 2; and

“warning order” has the meaning given in paragraph 13(1)(d) of Schedule 2.

(2) In these Regulations “exempt person” means—

(a)

(a) a national of a relevant European State, other than the United Kingdom,

(b)

(b) a national of the United Kingdom who is seeking access to, or is pursuing, the social work profession by virtue of an enforceable EU right, or

(c)

(c) a person who is not a national of a relevant European State but who is, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the social work profession, no less favourably than a national of a relevant European State.

(3) For the purposes of paragraph (2) “national”, in relation to a relevant European State, means the same as it does for the purposes of the EU Treaties but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from EU provisions relating to the free movement of persons and services.

(4) For the purposes of these Regulations, whether a person has a recognised qualification is determined in accordance with Schedule 1.

(5) Subject to paragraph (6), “registered social worker” means a person whose name is entered in the register in accordance with Part 2, where their registration has not been removed, and “registered” is to be construed accordingly.

(6) A person who is—

(a)

(a) registered as a social worker in the register maintained by the Health and Care Professions Council under article 5(1) of the Health and Social Work Professions Order 200111immediately before the coming into force of these Regulations, and

(b)

(b) whose registration has not lapsed or been removed in accordance with the provisions of that Order,

is deemed to be a registered social worker for the purposes of these Regulations.

2 The regulator

PART 2

The regulator

S-3 Procedure for making rules

Procedure for making rules

3.—(1) Any rules which the regulator12is required, or empowered, to make and revise under these Regulations must be made and revised in accordance with this regulation.

(2) Before making rules the regulator must—

(a)

(a) carry out a public consultation, unless the regulator considers that the content of the proposed rules is such that it would be inappropriate or disproportionate to do so,

(b)

(b) consult representatives of any group of persons who the regulator considers are likely to be affected by the proposed rules, including representatives of—

(i) registered social workers,

(ii) employers of registered social workers,

(iii) users of the services of registered social workers, and

(iv) persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, and

(c)

(c) comply with paragraphs (3) and (4).

(3) Proposed rules must be submitted to the Secretary of State, and come into force—

(a)

(a) on such date, not less than 28 days after the proposed rules are submitted to the Secretary of State, as the regulator determines provided that the Secretary of State has not within that period of 28 days objected to them coming into force, or

(b)

(b) on such earlier date as the Secretary of State and the regulator may agree.

(4) The Secretary of State must consider any proposed rules13submitted pursuant to paragraph (3) and, if the Secretary of State objects to the rules coming into force—

(a)

(a) the Secretary of State must notify the regulator accordingly giving reasons,

(b)

(b) the regulator must modify the rules in light of the objection, but is not required to comply with paragraph (2) in respect of those modified rules if it considers that the modifications are minor, or not substantive, and

(c)

(c) the modified rules come into force on such date as the regulator determines.

(5) The regulator must comply with paragraphs (2) to (4) before revising rules, unless it considers that the revision is minor, or not substantive.

(6) Rules made under this regulation must be—

(a)

(a) in writing, and published together with an indication of the date on which they come into force,

(b)

(b) kept under review by the regulator,

and any revised rules must be published as soon as reasonably practicable.

S-4 Appointment and functions of advisers to the regulator

Appointment and functions of advisers to the regulator

4.—(1) The regulator may appoint one or more individuals to—

(a)

(a) carry out the functions of adjudicators, case examiners, inspectors and investigators, and

(b)

(b) advise it on matters relating to its functions14, and in particular to provide the regulator with information, specialist or expert advice, or recommendations.

(2) An individual appointed under paragraph (1) is referred to in these Regulations as an adviser.

(3) The regulator may establish such panels of advisers as it considers appropriate, and must make rules which make provision about—

(a)

(a) the establishment, and size, of panels of advisers,

(b)

(b) the selection and appointment of the chair of any panel of advisers.

(4) The regulator may make members of the regulator’s staff15, facilities and other assistance...

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