- Latest available (Revised)
- Point in Time (01/04/2014)
- Original (As enacted)
Version Superseded: 18/11/2016
Point in time view as at 01/04/2014.
There are currently no known outstanding effects for the Regulation of Care (Scotland) Act 2001, PART 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
In this Act, unless the context otherwise requires—
“care service” has the meaning given by section 47(1) of the Public Services Reform (Scotland) Act 2010 (asp 8);
“the Council” means the Scottish Social Services Council (which is constituted under section 43 of this Act);
[F2“EEA State” means a member State, Norway, Iceland or Lichtenstein;]
“enactment” has the meaning given by section 126(1) of the Scotland Act 1998 (c.46);
“equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Schedule 5 to the Scotland Act 1998;
“exempt person” means—
a national of a relevant European State other than the United Kingdom;
a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable [F3EU] right; or
a person who is not a national of a relevant European State but who is, by virtue of an enforceable [F3EU] right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;
and in paragraphs (a) to (c), “national”, in relation to a relevant European State, means the same as in the [F3EU] Treaties, but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession, is not to benefit from [F3EU] provisions relating to the free movement of persons and services;
“the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);
“notice” means notice in writing;
“prescribed” means prescribed by order made by the Scottish Ministers;
“regulations” means regulations made by the Scottish Ministers;
“relevant European State” means an EEA State or Switzerland;
“social service worker” means a person, other than a person excepted from this definition by regulations, who—
has an entitling professional qualification in social work (that is to say a qualification which, if the person holding it also satisfies the requirements of subsection (2)(a) and (b) of section 46 of this Act and, except where section 46B of this Act applies, the requirements as to education imposed as mentioned in subsection (2)(c)(i) of that section, entitles that person to be registered in the part for social workers of the register maintained under section 44(1) of this Act); or
is a visiting social worker from a relevant European State; or
not being a person mentioned in paragraph (a) or (b) above, is employed in the provision of (or in managing the provision of) a care service; or
being an employee of Social Care and Social Work Improvement Scotland, is an authorised person by virtue of section 56 of the Public Services Reform (Scotland) Act 2010;
“social worker” means a person described in paragraph (a) of the definition, above, of “social service worker”;
“visiting social worker from a relevant European state” means a person entitled under section 46A of this Act to be registered in the part of the register maintained under section 44(1) of this Act for visiting social workers from relevant European States; and
“voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.]
Textual Amendments
F1S. 77 substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 9
F2Words in s. 77 inserted (1.7.2013) by The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 5
(1)Any order or regulations made under this Act shall be made by statutory instrument; and, subject to subsection (2), a statutory instrument containing any such order, other than an order under section 81(2), or any such regulations shall be subject to annulment in pursuance of a resolution of the Parliament.
(2)A statutory instrument containing—
(a)regulations under section 28(1)(a), 56(1)(a) or 73(2)(b);
(b)an order under section 3 [F4or 25(5A)]; or
(c)if it amends or repeals an enactment, an order under section 80(2),
of this Act shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
Textual Amendments
F4Words in s. 78(2)(b) inserted (17.10.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 31(3), 43(3); S.S.I. 2005/492, art. 3(a), sch. 1
Schedule 3 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, has effect.
Commencement Information
I1 S. 79 in force for specified purposes at 1.10.2001 by S.S.I. 2001/304, art. 2(1)(b); s. 79 in force for specified purposes at 1.4.2002 by S.S.I. 2002/162, art. 2(f) (subject to arts. 3-13)
I2S. 79 in force at 1.4.2004 for specified purposes by S.S.I. 2004/100, art. 2(d) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)
(1)The enactments mentioned in schedule 4 to this Act are repealed to the extent mentioned in the second column of that schedule.
(2)The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of this Act.
(3)An order under subsection (2) above may amend or repeal any enactment (including any provision of this Act).
(4)Before making an order under subsection (2) above, the Scottish Ministers shall consult such persons, or groups of persons, as they consider appropriate.
Commencement Information
I3S. 81(3)(4) in force at 1.10.2001 by S.S.I. 2001/304, art. 2(1)(c); s. 80(1) in force for certain purposes at 1.4.2002 by S.S.I. 2002/162, art. 2(g) (subject to arts. 3-13)
I4S. 80(1) in force at 1.4.2004 for specified purposes by S.S.I. 2004/100, art. 2(f) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)
(1)This Act may be cited as the Regulation of Care (Scotland) Act 2001.
(2)There shall come into force at the end of the period of fourteen days beginning with the day of Royal Assent sections 1, 4, 28, 43, 56 to 62, 66, 68 and 69, 74 to 78 and 80(2) of, and schedules 1 and 2 to, this Act; and the other provisions of this Act, except this section, shall come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.
(3)Different days may be so appointed for different provisions and for different purposes.
(4)An order under subsection (2) above may contain such transitional provisions and such savings as the Scottish Ministers think fit.
Subordinate Legislation Made
P1S. 81(2)(3)(4) power partly exercised: 1.4.2002 appointed for specified provisions by S.S.I. 2002/162, art. 2(a)-(d)
P2S. 81(2) power partly exercised: different dates appointed for specified provisions by S.S.I. 2001/304, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: