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The Social Workers Regulations 2018

S.I. 2018/893 · Made 22 July 2018 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 6 November 2023.

Social Work, England

Health Care And Associated Professions, England

Mental Capacity, England

Mental Health, England

Professional Qualifications, England

Made 22nd July 2018

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 2002 M1; paragraphs 129(3) and 130 of Schedule A1 to the Mental Capacity Act 2005 M2; sections 151(1) and 153(1) of the Equality Act 2010 M3; 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 2017 M4.

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 2002 M5, section 65(4B) of the Mental Capacity Act 2005 M6, 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

Marginal citations

M1

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”).

M2

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.

M3

2010 c. 15.

M4

2017 c. 16.

M5

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.

M6

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. 7ADisclosure of information relating to functions
  11. Part 3: Registration of social workers
  12. 8Appointment of the registrar and keeping of the register
  13. 9Content of the register
  14. 10Procedure for registration
  15. 11Determination of eligibility for registration
  16. 12Annotation of entries in the register
  17. 12ATemporary registration in emergencies involving loss of human life or human illness etc
  18. 13Renewal of registration
  19. 14Removal from the register
  20. 15Restoration to the register
  21. 16Duty to provide information to the regulator
  22. 17Fees for registration
  23. 18Visiting social work professionals from relevant European States Repealed
  24. 19Registration appeals
  25. Part 4: Education and training
  26. 20Education and training approval scheme
  27. 21Inspections
  28. 22Conditional approval
  29. 23Refusal, and withdrawal, of approval
  30. 24Fees in relation to approval
  31. Part 5: Discipline and fitness to practise
  32. 25Fitness to practise proceedings
  33. 26Automatic removal from the register
  34. 27Appeals against automatic removal from the register
  35. Part 6: Restrictions on practice, protected titles and offences
  36. 28Carrying out social work in England and use of title
  37. 29Holding out of a person as qualified to carry out social work in England
  38. 30Offences in connection with registration
  39. 31Offences in connection with restrictions on practice and protected titles
  40. 32Offences in connection with the provision of information
  41. 33Offences under this Part
  42. Part 7: Powers of intervention
  43. 34Referral of cases by the Authority to the High Court
  44. 35Power of the Secretary of State to investigate
  45. 36The procedure for giving remedial directions
  46. 37Failure to comply with a remedial direction
  47. 38Payment by the regulator of expenses incurred
  48. Part 8: Amendments to other legislation
  49. 39Amendments to the Mental Health Act 1983
  50. 40Amendment to the Equality Act 2010
  51. 41Amendments to the Health and Social Work Professions Order 2001
  52. 42Amendment to the European Communities (Recognition of Professional Qualifications) Regulations 2007
  53. 43Amendments to the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008
  54. 44Amendments to the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
  55. 45Amendments to the European Union (Recognition of Professional Qualifications) Regulations 2015
  56. 46Amendment to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017
  57. Signature
  58. Schedule 1: Recognised qualifications
  59. 1Paragraph 1
  60. 2Paragraph 2 Repealed
  61. 3Paragraph 3
  62. Schedule 2: Fitness to practise proceedings
  63. Part 1: Triage
  64. 1Triage
  65. 2Determination by the regulator that there are no reasonable grounds
  66. Part 2: Investigation
  67. 3Commencement of investigation
  68. 4Notifying the social worker and the complainant
  69. 5Obtaining further information and referral to case examiners
  70. 6Determination by case examiners
  71. 7Paragraph 7
  72. 8Interim orders
  73. 9Disposal without hearing
  74. 9AReview of decisions
  75. Part 3: Fitness to practise hearing
  76. 10Commencement of hearing procedure
  77. 11Interim orders
  78. 12Determination by adjudicators
  79. 13Final orders
  80. Part 4: Review of orders
  81. 14Review of interim orders
  82. 15Review of final orders
  83. Part 5: Appeals
  84. 16Paragraph 16
  85. Schedule 3: Listed offences
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. 8Paragraph 8
  94. 9Paragraph 9
  95. 10Paragraph 10
  96. 11Paragraph 11
  97. 12Paragraph 12
  98. 13Paragraph 13
  99. 14Paragraph 14
  100. Explanatory note