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Regulation of Care (Social Service Workers) (Scotland) Order 2004

S.S.I. 2004/268 · Made 7 June 2004

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.

SOCIAL CARE

Made 7th June 2004

Laid before the Scottish Parliament 8th June 2004

Coming into force 1st August 2004

The Scottish Ministers in exercise of the powers conferred on them by section 44(1)(b) of the Regulation of Care (Scotland) Act 2001f1 and of all other powers enabling them in that behalf, and after consultation with the Scottish Social Services Council and such other persons and groups of persons as they consider appropriate in accordance with section 44(4) of that Act, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2001 asp 8 (“the Act”).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Description of social service worker
  3. 3Excluded persons
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Order 2004 and shall come into force on 1st August 2004.

(2)

In this Order “the Act” means the Regulation of Care (Scotland) Act 2001.

2Description of social service worker

For the purposes of section 44(1)(b) of the Act, the description of social service worker prescribedf1 is, subject to Article 3, a person who is–

(a)

an employee of the Commission; and

(b)

an authorised person within the meaning of sections 25 and 27 of the Act.

3Excluded persons

A person who is registered with or (as the case may be) is a member of one or more of the following bodies is excluded from the description of social service worker in Article 2–

(a)

the General Social Care Councilf1;

(b)

the Northern Ireland Social Care Councilf2;

(c)

the Care Council for Walesf3;

(d)

the General Medical Councilf4;

(e)

the General Teaching Council for Englandf5;

(f)

the General Teaching Council for Walesf6;

(g)

the General Teaching Council for Northern Irelandf7;

(h)

the General Teaching Council for Scotlandf8;

(i)

the Health Professions Councilf9;

(j)

the Nursing and Midwifery Councilf10;

(k)

the General Dental Councilf11;

(l)

the British Psychological Societyf12; or

(m)

the Royal Pharmaceutical Society of Great Britainf13.

Signature

PETER PEACOCK

A member of the Scottish Executive

St Andrew’s House, Edinburgh

7th June 2004

Explanatory note

(This note is not part of the Order)

Section 44(1) of the Regulation of Care (Scotland) Act 2001 (2001 asp 8) (“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 a course or employed in a position probationary to becoming either a social worker or social service worker of a qualified description.

Article 2 prescribes a description of social service worker for the purposes of section 44(1)(b) of the Act. The description covers employees of the Scottish Commission for the Regulation of Care who are authorised persons within the meaning of sections 25 and 27 of the Act.

Article 3 excludes from that description persons who are registered with or are a member of any of the bodies listed in Article 3.