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 a course or employed in a position probationary to becoming either a social worker or a social service worker of a qualified description.

The Regulation of Care (Social Service Workers) (Scotland) Order 2005 (“the 2005 Order”) (as amended) prescribed a description of social service worker for the purposes of section 44(1)(b) of the Act.

This Order revokes the 2005 Order and all amending Orders and prescribes a description of social service worker for the purposes of section 44(1)(b) of the Act. Article 2 provides that the description of social service worker prescribed is a person who is either a social care worker or a children and young people’s worker.

The Order provides that persons who are registered with, or are a member of one or more of, the bodies set out in article 3 are excluded from the description of social service worker.

Article 4 of the Order provides for a transitional provision, the effect of which is that people registered under section 44(1)(b) of the Act, by virtue of article 2 of the 2005 Order, immediately before 3^rd June 2024 are to be treated as if registered under the relevant description as provided for under article 2 of this Order, namely a social care worker description or a children and young people’s worker description.

Article 5 of the Order revokes the 2005 Order and all instruments which amended it.