Explanatory note

Section 44(1) of the Regulation of Care (Scotland) Act 2001 (“the Act”) requires the Scottish Social Services Council to maintain a register of social workers, social service workers of any other description prescribed and persons participating in an approved course or employed in a position probationary to becoming either a social worker or a social service worker of such other description.

This Order amends the Regulation of Care (Social Service Workers) (Scotland) Order 2005 (“the 2005 Order”) to prescribe three additional descriptions of social service worker who must be registered. These are–

A “care home service” is defined in section 2(3) of the Act as a service which provides accommodation, together with nursing, personal care or personal support, for persons by reason of their vulnerability or need, but does not include a hospital, a public, independent or grant-aided school, an independent health care service or a service excepted from the definition by regulations (at the making of this Order there are no services excepted from the definition by regulations). A “care home service for adults” is defined in article 1(2) of the 2005 Order as a care home service which is provided to persons who have attained the age of sixteen years.

The registration of managers of care home services for adults was introduced by the Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2006 (S.S.I. 2006/453). This Order provides for the registration of the remainder of workers in care home services for adults.

By virtue of article 3 of the 2005 Order persons registered with, or members of, certain bodies are excluded from description as social service workers, as are chartered members of the British Psychological Society.

No Regulatory Impact Assessment has been prepared in respect of this Order.