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The Social Workers Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111170090

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 38(3) of the National Health Service Reform and Health Care Professions Act 2002, section 65(4B) of the Mental Capacity Act 2005, section 208(2), (4), (5)(f) and (8) of the Equality Act 2010, and section 68(2) and (3) of the Children and Social Work Act 2017, for approval by resolution of each House of Parliament.

Social Work, England

Health Care And Associated Professions, England

Mental Capacity, England

Mental Health, England

Professional Qualifications, England

Made ***

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 2002f1; paragraphs 129(3) and 130 of Schedule A1 to the Mental Capacity Act 2005f2; sections 151(1) and 153(1) of the Equality Act 2010f3; 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 2017f4.

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 2002f5, section 65(4B) of the Mental Capacity Act 2005f6, 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.

Annotations to the whole text

Footnotes

f1

2002 c. 17. Subsection (2A) was inserted by paragraph 15(2) of Schedule 4 to the Children and Social Work Act 2017 (c. 16) (“the Act”).

f2

2005 c. 9. Schedule A1 was inserted by section 50(5) of, and Schedule 7 to, the Mental Health Act 2007 (c. 12), and paragraph 130 was amended by section 49 of the Act.

f3

2010 c. 15.

f4

2017 c. 16.

f5

Section 38(3) was amended by paragraph 1 of Schedule 4 to the National Health Service (Consequential Provisions) Act 2006 (c. 43) and by paragraph 16(3) of Schedule 4 to the Act. There are other amendments but none is relevant.

f6

Section 65(4B) was inserted by paragraph 11(2) of Schedule 9 to the Mental Health Act 2007.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: The regulator
  5. 3Procedure for making rules
  6. 4Appointment and functions of advisers to the regulator
  7. 5Rules relating to advisers
  8. 6Information and advice
  9. 7Duty to co-operate
  10. Part 3: Registration of social workers
  11. 8Appointment of the registrar and keeping of the register
  12. 9Content of the register
  13. 10Procedure for registration
  14. 11Determination of eligibility for registration
  15. 12Annotation of entries in the register
  16. 13Renewal of registration
  17. 14Removal from the register
  18. 15Restoration to the register
  19. 16Duty to provide information to the regulator
  20. 17Fees for registration
  21. 18Visiting social work professionals from relevant European States
  22. 19Registration appeals
  23. Part 4: Education and training
  24. 20Education and training approval scheme
  25. 21Inspections
  26. 22Conditional approval
  27. 23Refusal, and withdrawal, of approval
  28. 24Fees in relation to approval
  29. Part 5: Discipline and fitness to practise
  30. 25Fitness to practise proceedings
  31. 26Automatic removal from the register
  32. 27Appeals against automatic removal from the register
  33. Part 6: Restrictions on practice, protected titles and offences
  34. 28Carrying out social work in England and use of title
  35. 29Holding out of a person as qualified to carry out social work in England
  36. 30Offences in connection with registration
  37. 31Offences in connection with restrictions on practice and protected titles
  38. 32Offences in connection with the provision of information
  39. 33Offences under this Part
  40. Part 7: Powers of intervention
  41. 34Referral of cases by the Authority to the High Court
  42. 35Power of the Secretary of State to investigate
  43. 36The procedure for giving remedial directions
  44. 37Failure to comply with a remedial direction
  45. 38Payment by the regulator of expenses incurred
  46. Part 8: Amendments to other legislation
  47. 39Amendments to the Mental Health Act 1983
  48. 40Amendment to the Equality Act 2010
  49. 41Amendments to the Health and Social Work Professions Order 2001
  50. 42Amendment to the European Communities (Recognition of Professional Qualifications) Regulations 2007
  51. 43Amendments to the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008
  52. 44Amendments to the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
  53. 45Amendments to the European Union (Recognition of Professional Qualifications) Regulations 2015
  54. 46Amendment to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017
  55. Signature
  56. Schedule 1: Recognised qualifications
  57. 1Paragraph 1
  58. 2Paragraph 2
  59. 3Paragraph 3
  60. Schedule 2: Fitness to practise proceedings
  61. Part 1: Triage
  62. 1Triage
  63. 2Determination by the regulator that there are no reasonable grounds
  64. Part 2: Investigation
  65. 3Commencement of investigation
  66. 4Notifying the social worker and the complainant
  67. 5Obtaining further information and referral to case examiners
  68. 6Determination by case examiners
  69. 7Determination by case examiners
  70. 8Interim orders
  71. 9Disposal without hearing
  72. Part 3: Fitness to practise hearing
  73. 10Commencement of hearing procedure
  74. 11Interim orders
  75. 12Determination by adjudicators
  76. 13Final orders
  77. Part 4: Review of orders
  78. 14Review of interim orders
  79. 15Review of final orders
  80. Part 5: Appeals
  81. 16Paragraph 16
  82. Schedule 3: Listed offences
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. 9Paragraph 9
  92. 10Paragraph 10
  93. 11Paragraph 11
  94. 12Paragraph 12
  95. 13Paragraph 13
  96. Explanatory note