OpenLegislation

The Regulation of Care (Scotland) Act 2001 (Commencement No. 6) Order 2005

S.S.I. 2005/426 · Made 30 August 2005

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.

CRIMINAL LAW

SOCIAL CARE

Made 30th August 2005

The Scottish Ministers, in exercise of the powers conferred by sections 81(2) and (3) of the Regulation of Care (Scotland) Act 2001f1, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2001 asp 8.

Contents

  1. 1Citation
  2. 2Commencement of provisions
  3. Signature
  4. Explanatory note

1Citation

This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Commencement No. 6) Order 2005.

2Commencement of provisions

Section 52(1)(a) and section 52(2) of the Regulation of Care (Scotland) Act 2001 shall come into force on 1st September 2005.

Signature

ROBERT E BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

30th August 2005

Explanatory note

(This note is not part of the Order)

This Order brings into force section 52(1)(a) and (2) of the Regulation of Care (Scotland) Act 2001 (2001 asp 8) (“the Act”).

Section 52(1)(a) of the Act makes it an offence if any person, with intent to deceive, takes or uses the title of social worker, or purports in any other way to be a social worker, while not registered in any “relevant register” as a social worker. A person convicted of an offence under that section is liable to a fine not exceeding level 5 on the standard scale (currently £5,000).

Section 52(2) defines what is meant by a “relevant register”. It is either (a) the register maintained by the Scottish Social Services Council under section 44(1) of the Act or (b) such register as may be prescribed by order made by the Scottish Ministers, being a register maintained under a provision of the law of England and Wales or of Northern Ireland which appears to the Scottish Ministers to correspond to that section.