Regulation of Care (Scotland) Act 2001

F1 PART 1 S THE COMMISSION AND CARE SERVICES

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Textual Amendments

F1 Pt. 1 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 37; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. (with savings and transitional provisions in S.S.I. 2011/121, arts. 1(1), 15-21 and S.S.I. 2011/169, arts. 1(1), 2, 3)

F2 PART 2 S LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC.

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Textual Amendments

F2 Pt. 2 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 37; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. (with savings and transitional provisions in S.S.I. 2011/121, arts. 1(1), 15-21)

PART 3 S THE COUNCIL

Constitution S

43 Constitution of Scottish Social Services Council S

(1) There shall be a body corporate, to be known as the Scottish Social Services Council (in the following provisions of this Act referred to as “the Council”), which—

(a) shall exercise the functions conferred on it by this Act or any other enactment; and

(b) shall have the general duty of promoting high standards—

(i) of conduct and practice among social service workers; and

(ii) in their education and training.

(2) The Council shall, in the exercise of its functions, act—

(a) in accordance with any directions in writing given to it by the Scottish Ministers;

(b) under the general guidance of the Scottish Ministers; and

(c) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(3) Schedule 2 to this Act shall have effect with respect to the Council.

Registration S

44 Register of social workers and of other social service workers S

(1) The Council shall maintain a register of—

(a) social workers;

[F3 (aa) visiting social workers from relevant European states;]

(b) social service workers of any other description prescribed; and

(c) persons—

(i) participating in a course, approved by it under section 54(1) of this Act, for those wishing to become; or

(ii) employed in positions probationary to their becoming,

social workers or social service workers of such other description.

[F4 (2) There shall be a separate part of the register for—

(a) social workers;

(b) visiting social workers from relevant European States;

(c) each description of social service workers prescribed by virtue of paragraph (b) of subsection (1) above; and

(d) such persons as are mentioned in paragraph (c) of that subsection.

(2A) The part of the register for visiting social workers from relevant European States is referred to in this Part of this Act as “the visiting European part” of the register.]

(3) It may be prescribed that as from a specified date a specified part of the register shall be closed, so that on and after that date no further persons shall be registered in that part.

(4) The Scottish Ministers shall consult the Council and such other persons, or groups of persons, as they consider appropriate before making, varying or revoking an order by virtue of this section.

Textual Amendments

F3 S. 44(1)(aa) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 257(a)

F4 S. 44(2)(2A) substituted for s. 44(2) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 257(b)

Commencement Information

I1 S. 44 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

45 Applications for registration under Part 3 S

(1) An application for registration under this Part [F5 , other than for registration in the visiting European part of the register,] shall be made to the Council in accordance with rules made by the Council.

[F6 (1A) An application is not required for registration in the visiting European part of the register.]

(2) An application under subsection (1) above shall specify—

(a) in relation to the register, each part of it in which registration is sought; and

(b) such other matters as may be required by the rules.

(3) Any person who, in an application under subsection (1) above, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F5 Words in s. 45(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 258(a)

F6 S. 45(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 258(b)

Commencement Information

I2 S. 45 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

46 Grant or refusal of registration under Part 3 S

(1) An application [F7 under section 45(1) of this Act] for registration under this Part may be granted either unconditionally or subject to such conditions as the Council thinks fit to impose.

(2) If the Council is satisfied that the applicant—

(a) is of good character;

(b) satisfies such requirements as to competence or conduct as the Council may by rules impose; and

(c) except where [F8 section 46B of this Act] applies, either—

(i) satisfies such requirements as to education as the Council may by rules impose and has successfully completed a course of training, approved by the Council, for persons wishing to become social workers or, as the case may be, for persons wishing to become social service workers of the description in relation to which registration is sought; or

(ii) in the case of an application for registration as a social service worker other than a social worker, satisfies such requirements as the Council may by rules impose in relation to social service workers of the description in relation to which registration is sought,

it shall grant the application unconditionallyF9 ....

[F10 (2A) Where an application is granted unconditionally—

(a) the Council shall give the applicant notice of its so granting the application; and

(b) registration shall take effect immediately on such notice being given.

(2B) If the Council is not satisfied as mentioned in subsection (2), it shall—

(a) grant the application subject to such conditions as it thinks fit; or

(b) refuse the application.

(2C) The Council shall give the applicant notice of its decision under subsection (2B), which shall—

(a) give the Council's reasons for the decision; and

(b) explain the right of appeal conferred by section 51 of this Act.

(2D) A decision to refuse the application takes effect immediately on notice to that effect being given.

(2E) Notice of a decision to grant the application subject to conditions shall state—

(a) the conditions; and

(b) that, within fourteen days after service of the notice, the applicant may make written representations to the Council concerning any matter which the applicant wishes to dispute.

(2F) Subject to subsections (2G) and (2H), a decision to grant the application subject to conditions takes effect at the end of the fourteen day period mentioned in subsection (2E).

(2G) Where—

(a) the applicant makes such representations as are mentioned in subsection (2E);

(b) the Council, having considered the representations, confirms the decision mentioned in subsection (2F); and

(c) no appeal is brought under section 51 of this Act,

the decision takes effect on the expiry of the fourteen day period mentioned in subsection (A1) of that section for bringing such an appeal.

(2H) Where an appeal against a decision mentioned in subsection (2F) is brought under section 51 of this Act (whether or not such representations as are mentioned in subsection (2E) are also made), the decision takes effect only when the appeal is finally determined or abandoned.]

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in s. 46(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 259(a)

F8 Words in s. 46(2)(c) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 259(b)

F9 Words in s. 46(2) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 2(a); S.S.I. 2010/221, art. 3(2), sch.

F10 S. 46(2A)-(2H) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 2(b); S.S.I. 2010/221, art. 3(2), sch.

F11 S. 46(3) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 2(c); S.S.I. 2010/221, art. 3(2), sch.

F12 S. 46(4)-(7) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 259(c)

Commencement Information

I3 S. 46 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

[F13 46A. Visiting social workers from relevant European States S

(1) This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom.

(2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary or occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker).

(3) V is entitled to be registered in the visiting European part of the register; and the Council shall give effect to the entitlement.

(4) If V is entitled under subsection (3) to be registered in the visiting European part of the register but is not registered in that part, V shall be treated as being registered in that part.

(5) V’s entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) V’s entitlement under subsection (3) ceases by reason of the operation of subsection (5); and

(b) V is registered in the visiting European part of the register,

the Council may remove V from that part.

(7) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by the Council, of rules under section 49.

Textual Amendments

F13 Ss. 46A, 46B inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 260

46B. Qualifications gained outside Scotland S

This section applies where—

(a) in the case of an applicant for registration as a social worker, the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those regulations); or

(b) the applicant has, outwith Scotland, undergone training which—

(i) is recognised by the Council as being to a standard sufficient for the applicant to be registered in the part of the register specified in the application; or

(ii) is not so recognised provided that the applicant has also undergone, in Scotland or elsewhere, such additional training as the Council may by rules require.]

Textual Amendments

F13 Ss. 46A, 46B inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 260

47 Variation etc. of conditions in relation to registration under Part 3 S

(1) The Council may at any time give notice to a person registered under this Part [F14 , other than in the visiting European part of the register,] [F15 of its decision] to—

(a) vary or remove a condition for the time being in force; or

(b) impose an additional condition,

in relation to the registration.

(2) A notice under subsection (1) above shall

[F16 (a)] give the Council's reasons for the [F17 decision;]

(b) [F18 explain the right of appeal conferred by section 51 of this Act; and

(c) state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.]

Textual Amendments

F14 Words in s. 47(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 261

F15 Words in s. 47(1) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 3(a); S.S.I. 2010/221, art. 3(2), sch.

F16 Words in s. 47(2) renumbered as s. 47(2)(a) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 3(b)(i); S.S.I. 2010/221, art. 3(2), sch.

F17 Word in s. 47(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 3(b)(ii); S.S.I. 2010/221, art. 3(2), sch.

F18 S. 47(2)(b)(c) added (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 3(b)(iii); S.S.I. 2010/221, art. 3(2), sch.

Commencement Information

I4 S. 47 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

48 Right to make representations to Council as respects [F19 decision under section 47] S

(1) A notice under section F20 ... 47 of this Act shall state that, within fourteen days after service of the notice, the person to whom it is given may make written representations to the Council concerning any matter which that person wishes to dispute.

[F21 (2) Subject to subsections (3) and (4), a decision under section 47 of this Act takes effect at the end of the fourteen day period mentioned in subsection (1).

(3) Where—

(a) the person to whom notice under section 47 was given makes such representations as are mentioned in subsection (1);

(b) the Council, having considered the representations, confirms the decision mentioned in that section; and

(c) no appeal is brought under section 51 of this Act,

the decision takes effect on the expiry of the fourteen day period mentioned in subsection (A4) of that section for bringing such an appeal.

(4) Where an appeal against a decision under section 47 is brought under section 51 (whether or not such representations as are mentioned in subsection (1) are also made), the decision takes effect only when the appeal is finally determined or abandoned.]

Textual Amendments

F19 Words in s. 48 heading substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 5; S.S.I. 2010/221, art. 3(2), sch.

F20 Words in s. 48(1) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 4(a); S.S.I. 2010/221, art. 3(2), sch.

F21 S. 48(2)-(4) substituted for s. 48(2) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 4(b); S.S.I. 2010/221, art. 3(2), sch.

Commencement Information

I5 S. 48 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

49 Removal etc. from the Council’s register S

(1) The Council shall, by rules made with the consent of the Scottish Ministers, determine circumstances in which, and the means by which—

(a) an entry relating to a person in the register maintained by the Council may be removed from a part in which it appears;

(b) an entry removed by virtue of paragraph (a) above may be restored to the part in question;

(c) a person’s registration in a part of that register may be suspended (and that person treated as not being registered in that part notwithstanding that the relevant entry still appears in it) for such period as the Council may specify in the case in question;

(d) a suspension by virtue of paragraph (c) above may be terminated; and

(e) an entry in a part of that register may be altered (other than in implementation of a [F22 decision] of which notice is given under section 47(1) of this Act).

(2) Rules under subsection (1) above shall—

(a) make provision as to—

(i) the procedure to be followed;

(ii) the standard of proof; and

(iii) the rules of evidence to be observed,

in proceedings brought (whether before the Council or before any committee of the Council) for the purposes of the rules; and

(b) provide for such proceedings to be in public except in such cases (if any) as the rules may specify.

(3) The Council shall maintain a register of persons who have been registered in the register maintained under section 44(1) of this Act but who, by virtue of paragraph (a) of subsection (1) above, are for the time being not so registered; and where an entry relating to a person is, by virtue of paragraph (b) of that subsection, restored, the entry relating to that person in the register maintained under this subsection shall be removed.

Textual Amendments

F22 Word in s. 49(1)(e) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 6; S.S.I. 2010/221, art. 3(2), sch.

Commencement Information

I6 S. 49 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

50 Notice of Council’s decision [F23 under rules under section 49] S

F24 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the Council decides—

F25 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in accordance with rules made under subsection (1) of section 49 of this Act, to do any of the things mentioned in paragraphs (a) to (e) of that subsection,

it shall give the person affected notice of the decision.

(3) A notice under subsection (2) above shall—

(a) explain the right of appeal conferred by section 51 of this Act;

F26 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F27 Subject to subsection (5),] a decision such as is mentioned in subsection (2) aboveF28 ... shall not take effect—

(a) if no appeal is brought, until the period of fourteen days [F29 after the giving of a notice under subsection (2)] has elapsed; and

(b) if an appeal is brought, until that appeal is finally determined or is abandoned.

[F30 (5) A decision in accordance with rules under section 49(1) of this Act to suspend a person's registration in a part of the register maintained under section 44(1) of this Act takes effect immediately on notice of that decision being given.]

Textual Amendments

F23 Words in s. 50 heading added (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 8; S.S.I. 2010/221, art. 3(2), sch.

F24 S. 50(1) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 7(a); S.S.I. 2010/221, art. 3(2), sch.

F25 S. 50(2)(a) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 7(b); S.S.I. 2010/221, art. 3(2), sch.

F26 S. 50(3)(b) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 7(c); S.S.I. 2010/221, art. 3(2), sch.

F27 Words in s. 50(4) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 7(d)(i); S.S.I. 2010/221, art. 3(2), sch.

F28 Words in s. 50(4) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 7(d)(ii); S.S.I. 2010/221, art. 3(2), sch.

F29 Words in s. 50(4)(a) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 7(d)(iii); S.S.I. 2010/221, art. 3(2), sch.

F30 S. 50(5) added (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 7(e); S.S.I. 2010/221, art. 3(2), sch.

Commencement Information

I7 S. 50 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

Appeal S

51 Appeal against decision of Council S

[F31 (A1) Where—

(a) a person is given notice under subsection (2C) of section 46 of this Act of a decision to grant an application for registration under this Part subject to conditions;

(b) the person makes such representations as are mentioned in subsection (2E) of that section; and

(c) the Council confirms the decision,

the person may, within fourteen days after such confirmation is given, appeal to the sheriff against the decision.

(A2) Where—

(a) a person is given notice under subsection (2C) of section 46 of this Act of a decision to grant an application for registration under this Part subject to conditions; and

(b) no representations such as are mentioned in subsection (2E) of that section are made,

the person may, within fourteen days after service of the notice, appeal to the sheriff against the decision.

(A3) Where a person is given notice under subsection (2C) of section 46 of this Act of a decision to refuse an application for registration under this Part, the person may, within fourteen days after service of the notice, appeal to the sheriff against the decision.

(A4) Where—

(a) a person is given notice under section 47(1) of this Act of a decision mentioned in that section;

(b) the person makes such representations as are mentioned in section 48(1) of this Act; and

(c) the Council confirms the decision,

the person may, within fourteen days after such confirmation is given, appeal to the sheriff against the decision.

(A5) Where—

(a) a person is given notice under section 47(1) of this Act of a decision mentioned in that section; and

(b) no representations such as are mentioned in section 48(1) of this Act are made,

the person may, within fourteen days after service of the notice, appeal to the sheriff against the decision.]

[F32 (1) A person who—

(a) has been given notice under subsection (2) of section 50 of this Act of a decision mentioned in that subsection; or

(b) has been given notice of a decision of the Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with the person’s becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom,

may, within fourteen days after [F33 service of the notice], appeal to the sheriff against the decision.]

(2) On [F34 an appeal under this section] the sheriff may—

(a) confirm the decision; F35 ...

(b) direct that it shall not have effect[F36 , or

(c) direct that it shall not have effect and make such other order as the sheriff thinks fit].

(3) The sheriff shall also have power, on such an appeal—

(a) to vary any condition which, by virtue of section 46 of this Act, is in force in respect of the person;

(b) to direct that any such condition shall cease to have effect; or

(c) to direct that a condition which the sheriff thinks fit to impose shall have effect in respect of the person.

Textual Amendments

F31 S. 51(A1)-(A5) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 9(a); S.S.I. 2010/221, art. 3(2), sch.

F32 S. 51(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 263

F33 Words in s. 51(1) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 9(b); S.S.I. 2010/221, art. 3(2), sch.

F34 Words in s. 51(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 9(c)(i); S.S.I. 2010/221, art. 3(2), sch.

F35 Word in s. 51(2) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 9(c)(ii); S.S.I. 2010/221, art. 3(2), sch.

F36 S. 51(2)(c) and word inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 9(c)(iii); S.S.I. 2010/221, art. 3(2), sch.

Commencement Information

I8 S. 51 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

Offence S

52 Use of title “social worker" etc. S

(1) Any person who, with intent to deceive, while not registered in any relevant register as—

(a) a social worker, takes or uses the title of social worker, or purports in any other way to be a social worker; or

(b) a social service worker of such other description as may be prescribed, takes or uses the title of that description of social service worker, or purports in any other way to be a social service worker of that description,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) For the purposes of subsection (1) above, a register is a relevant register if it is—

(a) the register maintained by the Council under this Part; or

(b) such register as may be prescribed, being a register maintained under a provision of the law of England and Wales or of Northern Ireland which appears to the Scottish Ministers to correspond to section 44(1) of this Act.

Commencement Information

I9 S. 52(1)(a)(2) in force at 1.9.2005 by S.S.I. 2005/426, art. 2

Codes of practice S

53 Codes of practice S

(1) The Council shall prepare, and from time to time publish, codes of practice laying down standards of conduct and practice expected—

(a) of social service workers; or

(b) in relation to social service workers, of persons employing or seeking to employ such workers.

(2) Before publishing a code, the Council shall—

(a) obtain the consent of the Scottish Ministers to the provisions of that code; and

(b) consult [F37 Social Care and Social Work Improvement Scotland], any person, or group of persons, prescribed by the Scottish Ministers and any other person, or group of persons, the Council considers it appropriate to consult.

(3) The Council shall keep the codes under review and shall vary the provisions of a code whenever, after such consultation, it considers it appropriate to do so.

[F38 (3A) A social service worker shall, so far as relevant, have regard to any code published under subsection (1) by the Council.

(3B) An employer of a social service worker, or a person seeking to employ such workers, shall, so far as relevant, have regard to any code published under subsection (1) by the Council.]

(4) The employer of a social service worker shall, in making any decision which relates to the conduct of that worker, take into account any code published under subsection (1) above by the Council.

(5) The Council shall give a copy of a code so published to any person who requests such copy.

[F39 (6) The Scottish Ministers may give directions (of a general or specific nature) to—

(a) the persons mentioned in paragraph (a) or (b) of subsection (1);

(b) the Council,

in relation to any code so published; and such directions must be complied with.

(7) The Scottish Ministers may vary or revoke any direction given under subsection (6).]

Textual Amendments

F37 Words in s. 53(2)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 3; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F38 S. 53(3A)(3B) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 10(a); S.S.I. 2010/221, art. 3(2), sch.

F39 S. 53(6)(7) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 10(b); S.S.I. 2010/221, art. 3(2), sch.

Training S

54 Approval of courses etc. S

(1) The Council shall promote education and training for persons who are, or wish to become—

(a) social workers; or

(b) social service workers of any other description specified in the rules,

and in particular may, in accordance with rules made by it, approve courses for such persons.

(2) An approval given under subsection (1) above may be either unconditional or subject to such conditions as the Council thinks fit.

(3) If it appears to the Council that adequate provision is not being made for further education or training for persons registered in any part of the register maintained by it, the Council shall provide, or secure the provision of, courses for such further education or training.

(4) The Council may—

(a) conduct, or make arrangements for the conduct of, examinations or assessments in connection with such courses as are mentioned in this section; and

(b) carry out, or assist other persons in carrying out, research into matters relevant to such education or training (or further education or training) as is so mentioned.

55 Grants and allowances for social service workers’ training S

(1) Subject to subsections (2) to (4) below, the Council may, upon such terms and subject to such conditions as it considers appropriate—

(a) make grants; and

(b) pay travelling and other allowances,

to persons resident in Scotland, in order to secure their education or training in, or education for training in, the work of social service workers.

(2) The Council shall not make grants or pay allowances under subsection (1) above except for such purposes as the Scottish Ministers may direct.

(3) The Scottish Ministers may by directions specify terms and conditions subject to which the Council is to make such grants or pay such allowances.

(4) Without prejudice to the generality of subsections (2) and (3) above, directions under those subsections may specify—

(a) the courses for which, and the categories of students to whom, under subsection (1) above, grants may be made and allowances paid;

(b) maximum amounts to be spent—

(i) on such grants and allowances; and

(ii) on such grants and allowances to any individual; and

(c) the procedures for accounting for expenditure on such grants and allowances.

(5) The Council may make grants to organisations providing such courses as are approved by it under section 54(1) of this Act.

Regulations and rules S

56 Regulations relating to the Council S

(1) Regulations may—

(a) confer additional functions on the Council in relation to—

(i) the regulation of persons employed in the provision of care services; or

(ii) the education or training of persons in respect of whom it maintains a register under section 44(1) of this Act; and

(b) require the Council to secure that, on such conditions, in such circumstances and on the payment of such fees as may be specified in the regulations, any person shall be afforded access to, and provided with a copy of an entry in or with an extract from, a register kept by the Council.

(2) Before the Scottish Ministers make regulations under subsection (1) above, they shall consult such persons, or groups of persons, as they consider appropriate.

57 Power of Council to make rules S

(1) With the consent of the Scottish Ministers, the Council may by rules make provision about the registration of persons under this Part and, in particular—

(a) as to the keeping of the register maintained by it;

(b) as to the documentary and other evidence to be produced by a person applying for—

(i) registration;

(ii) additional qualifications to be recorded; or

(iii) an entry in that register to be altered or restored; or

(c) subject to any rules made under section 49 of this Act, for a person’s registration to remain effective without limitation of time or—

(i) to lapse after such period, or in such a case; or

(ii) to be subject to renewal in such manner and at such time,

as the rules may provide.

(2) With the consent of the Scottish Ministers and subject to any regulations made under section 56(1)(b) of this Act, the Council may by rules make provision for the payment of reasonable fees to it in connection with the discharge of its functions; and without prejudice to that generality the rules may in particular make provision—

(a) for the payment of such fees in connection with—

(i) registration under this Part (including applications for registration or for amendment of the register maintained by it);

(ii) the approval by it, under this Part, of courses of education or training;

(iii) the provision of education or training; and

(iv) the provision of copies of codes published by it or copies of entries in, or of extracts from, that register; and

(b) requiring persons registered under this Part to pay a periodic fee to it of such amount, and at such time, as the rules may specify.

[F40 (2A) Rules made by the Council under subsection (2) may not make provision for the payment of fees in connection with registration in the visiting European part of the register.]

(3) With the consent of the Scottish Ministers, the Council may by rules require persons registered in any part of the register maintained by it to attend a course of education or undertake further training and may in particular make provision with respect to persons who fail to comply with any requirement of such rules, including provision for their registration to cease or be suspended.

(4) Before making, or varying, any rules by virtue of subsection (3) above, the Council shall take such steps as are reasonably practicable to consult the persons who are registered in the relevant part of the register and such other persons as the Council considers appropriate.

(5) With the consent of the Scottish Ministers, the Council may by rules make provision—

(a) about the content of, and methods of completing, courses approved by it under section 54(1) of this Act;

(b) as to the lapse, renewal and withdrawal of such approvals;

(c) as to the provision to the Council of information about such courses;

(d) as to the persons who may participate in such courses, or in such parts of those courses as are specified in the rules;

(e) as to the number of persons who may participate in such courses or parts of courses; and

(f) for the award by the Council of certificates of the successful completion of such courses.

(6) With the consent of the Scottish Ministers, the Council may by rules make provision for the visiting of places at which or institutions by which or under whose direction—

(a) any relevant course (or part of such course) is, or is proposed to be, given; or

(b) any examination is, or is proposed to be, held in connection with any such course.

(7) Without prejudice to the generality of subsection (6) above, rules under that subsection may make provision for—

(a) the appointment of visitors; and

(b) reports to be made by visitors on—

(i) the nature and quality of the instruction given, or to be given; and

(ii) the facilities provided, or to be provided,

at the place, or by the institution, visited.

(8) In subsection (6)(a) above, “relevant course” means—

(a) any course for which approval by the Council has been given, or is being sought, under section 54(1) of this Act; or

(b) any course of education or further training provided for persons registered in any part of the register maintained by the Council.

(9) The power of the Council to make rules under this Part may be exercised—

(a) in relation to—

(i) all cases to which the power extends;

(ii) all except such cases as are specified in the rules; or

(iii) any specified cases or class of case; and

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the same provision for all;

(ii) different provision for different cases or classes of case; or

(iii) as respects the same case or class of case, different provision for different purposes.

(10) Before making, or varying, any rules by virtue of any of subsections (1), (2), (5) and (6) above, the Council shall consult such persons, or groups of persons, as it considers appropriate.

Textual Amendments

F40 S. 57(2A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 264

[F41 Notification of dismissal etc. for misconduct and provision of other information to Council S

Textual Amendments

F41 Ss. 57A, 57B and cross-heading inserted (17.10.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 32, 43(3); S.S.I. 2005/492, art. 3(a), sch. 1

57A Notification of dismissal etc. to Council S

The employer of a social service worker shall—

(a) on dismissing the social service worker on grounds of misconduct; or

(b) on the social service worker resigning or abandoning the worker's position in circumstances where, but for the resignation or abandonment—

(i) the worker would have been dismissed on grounds of misconduct; or

(ii) dismissal on such grounds would have been considered by the employer,

forthwith notify the Council of the dismissal, resignation or abandonment; and the employer shall in doing so provide the Council with an account of the circumstances which led to the dismissal or which were present when the resignation or abandonment took place.

57B Provision of other information to Council by employer S

The employer of a social service worker shall, when requested to do so by the Council, provide it with such information as respects the worker as it may reasonably require in connection with the exercise of the functions assigned to it under this Act or any other enactment.]

Functions of the Scottish Ministers S

58 Functions of the Scottish Ministers under this Part S

(1) The Scottish Ministers shall have the functions of—

(a) ascertaining what numbers of—

(i) social workers; and

(ii) social service workers of other descriptions,

are required within Scotland;

(b) ascertaining what education or training is required by persons who are, or wish to become, social service workers;

(c) ascertaining what financial and other assistance is required for promoting such training;

(d) encouraging the provision of such assistance; and

(e) drawing up occupational standards for such workers.

(2) The Scottish Ministers shall encourage persons to take part—

(a) in courses approved under section 54(1) of this Act by the Council; and

(b) in other courses relevant to the education or training of persons who are, or wish to become, social service workers.

(3) The Scottish Ministers may, if it appears to them that adequate provision is not being made for the education or training of persons who are, or wish to become, social service workers, provide, or secure the provision of, courses for that purpose.

(4) Any function of the Scottish Ministers under this section—

(a) may be delegated by them to the Council; or

(b) may be exercised by any person, or by employees of any person, authorised to do so by the Scottish Ministers.

(5) For the purpose of determining—

(a) the terms and effect of an authorisation under subsection (4)(b) above; and

(b) the effect of so much of any contract made between the Scottish Ministers and the authorised person as relates to the exercise of the function,

Part II of the Deregulation and Contracting Out Act 1994 (c.40) shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act.

(6) In subsection (4)(b) above, “employee” has the same meaning as in the said Part II.

PART 4 S GENERAL PRINCIPLES

59 General principles S

(1) The Scottish Ministers F42 ... and the Council shall exercise their functions under this Act in accordance with the principles set out in the following subsections.

(2) The safety and welfare of all persons who use, or are eligible to use, care services are to be protected and enhanced.

(3) The independence of those persons is to be promoted.

(4) Diversity in the provision of care services is to be promoted with a view to those persons being afforded choice.

[F43 (5) In subsection (2), “care service” means a care service as defined in section 47(1) of the Public Services Reform (Scotland) Act 2010 (asp 8).]

Textual Amendments

F42 Words in s. 59(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 4(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F43 S. 59(5) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 4(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

PART 5 S PROVISIONS COMMON TO COMMISSION AND COUNCIL

Grants and guarantees S

60 Grants S

(1) The Scottish Ministers may make grants to F44 ... the Council towards expenses incurred, or to be incurred, by it in connection with—

(a) the initial establishment of the [F45 Council]; and

(b) the discharge by [F46 the Council] of its functions.

(2) Any grant made under subsection (1) above may be made on such terms and subject to such conditions (including conditions as to repayment) as the Scottish Ministers think fit; and the Scottish Ministers may from time to time after the grant is made vary such terms and conditions.

Textual Amendments

F44 Words in s. 60(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F45 Word in s. 60(1)(a) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F46 Words in s. 60(1)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

61 Guarantees S

(1) The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sum which F47 ... the Council borrows from any person.

(2) Where the Scottish Ministers give a guarantee under this section they shall forthwith lay a statement of the guarantee before the Parliament.

(3) Where any sum is paid out in fulfilment of a guarantee under this section, the Scottish Ministers shall, as soon as reasonably practicable after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged), lay before the Parliament a statement relating to that sum.

(4) Where any sum is paid out in fulfilment of a guarantee under this section, F48 ... the Council, shall make to the Scottish Ministers, at such times and in such manner as they may from time to time direct—

(a) payments of such amounts as they may so direct in or towards repayment of the sum so paid out; and

(b) payment of interest, at such rate as they may so direct, on what is outstanding for the time being in respect of that sum.

Textual Amendments

F47 Words in s. 61(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 6(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F48 Words in s. 61(4) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 6(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

Duty to consult S

62 Duty of Commission and Council to consult each other S

The F49 ... Council shall F50 ..., in the exercise of its functions, consult [F51 Social Care and Social Work Improvement Scotland] in every case in which it appears to the [F52 Council] appropriate that there should be such consultation.

Textual Amendments

F49 Words in s. 62 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F50 Word in s. 62 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F51 Words in s. 62 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F52 Word in s. 62 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(d); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

63 Guidance as to consultation S

The Scottish Ministers shall issue guidelines to F53 ... the Council as to the fulfilment, by the [F54 Council], of any requirement under this Act to consult any person or group of persons.

Textual Amendments

F53 Words in s. 63 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 8(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F54 Word in s. 63 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 8(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

Complaints, inquiries and maladministration S

64 Complaints procedure S

(1) [F55 The Council shall] establish a procedure by which a person, or someone acting on a person’s behalf, may make complaints (or other representations) in relation to the exercise by the [F56 Council] of, or failure by it to exercise, any of its functions under this Act in respect of the person.

(2) Before establishing a procedure under subsection (1) above, the [F57 Council ] shall consult the Scottish [F58 Public Services Ombudsman] on its proposals for such a procedure F59 ....

(3) The [F60 Council] shall keep the procedure so established by it under review and shall vary that procedure whenever, [F61 after such consultation], it considers it appropriate to do so.

(4) The [F62 Council ] shall give such publicity to that procedure (including that procedure as varied under subsection (3) above) as it considers appropriate and shall give a copy of the procedure to any person who requests it.

Textual Amendments

F55 Words in s. 64(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(a)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F56 Word in s. 64(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(a)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F57 Word in s. 64(2) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F58 Words in s. 64(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 11(a)(i); S.S.I. 2010/221, art. 3(2), sch.

F59 Words in s. 64(2) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 11(a)(ii); S.S.I. 2010/221, art. 3(2), sch.

F60 Word in s. 64(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F61 Words in s. 64(3) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 11(b); S.S.I. 2010/221, art. 3(2), sch.

F62 Word in s. 64(4) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(d); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

65 Inquiries S

(1) The Scottish Ministers may cause an inquiry to be held into any matter connected with—

(a) the exercise F63 ... by the Council of its functions; [F64 or]

F64 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Council may cause an inquiry to be held into any matter connected with the exercise of its functions.

(4) Before there is commenced an inquiry—

(a) under subsection (1) above, the Scottish Ministers;

F66 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) under subsection (3) above, the Council,

may direct that it be held in private; but where no such direction has been given the person holding the inquiry may if that person thinks fit hold it, or any part of it, in private.

(5) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) (provisions relating to local inquiries) shall apply in relation to an inquiry under subsection (1) above as they apply in relation to a local inquiry under that section.

(6) Subsections (2) to (6) of that section shall apply in relation to an inquiry under subsection F67 ... (3) above as they apply in relation to such a local inquiry; except that, for the purposes of an inquiry under—

F68 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subsection (3) above, any such reference in those subsections shall be construed as a reference to the Council or, as the case may be, to an officer of the Council.

(7) The expenses incurred F69 ... by the Council in relation to an inquiry under subsection [F70 (3)] above (including such reasonable sum as the [F71 Council] may determine for the services of any of its officers engaged in the inquiry) shall, unless [F72 the Council] is of the opinion that those expenses should be defrayed in whole or in part by it, be paid by such party to the inquiry as it may direct; and the [F73 Council] may certify the amount of the expenses so incurred.

(8) Any sum certified under subsection (7) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.

(9) In relation to an inquiry under—

F74 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subsection (3) above, the Council,

may make an award as to the expenses of the parties and as to the parties by whom such expenses shall be paid.

Textual Amendments

F63 Words in s. 65(1)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(a)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F64 S. 65(1)(b) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(a)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F65 S. 65(2) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F66 S. 65(4)(b) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F67 Words in s. 65(6) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(d)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F68 S. 65(6)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(d)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F69 Words in s. 65(7) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F70 Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F71 Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(iii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F72 Words in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(iv); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F73 Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(v); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F74 S. 65(9)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(f); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F75 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F75 S. 66 repealed (23.10.2002) by 2002 asp 11, s. 25, Sch. 6 para. 24; S.S.I. 2002/467, art. 2

PART 6 S MISCELLANEOUS

Central Council for Education and Training in Social Work: cessation of Scottish functions S

67 Cessation of exercise of certain functions by Central Council for Education and Training in Social Work S

The Central Council for Education and Training in Social Work shall cease to exercise in relation to Scotland the functions conferred on it by or under section 10 of the Health and Social Services and Social Security Adjudications Act 1983 (c.41).

Grants, loans and other payments S

68 Grants in respect of activities relating to child care and family support S

(1) The Scottish Ministers may make grants to persons who—

(a) to any extent, undertake or engage in activities which relate to—

(i) the protection or care, under or by virtue of the Social Work (Scotland) Act 1968 (c.49) or the Children (Scotland) Act 1995 (c.36), of children; or

(ii) the provision of support, under or by virtue of either of those Acts, to families; or

(b) propose to undertake or engage in such activities to any extent.

(2) The Scottish Ministers may make the payment of a grant in pursuance of subsection (1) above subject to such conditions and requirements (including a requirement that the whole or any part of the grant be repaid) as they think fit.

69 Amendment of Social Work (Scotland) Act 1968: delegation of power to make grants and loans to certain voluntary organisations etc. S

In section 10 of the Social Work (Scotland) Act 1968 (c.49) (financial and other assistance to voluntary organisations etc. for social work)—

(a) after subsection (1) there is inserted—

“(1A) The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “primary organisation”) to make grants and loans (in this section referred to as “secondary grants and loans”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.”;

and

(b) in subsection (2), for the words “under the foregoing subsection" there is substituted “ by the Scottish Ministers under subsection (1) or (1A) above ”.

70 Amendment of Social Work (Scotland) Act 1968: direct payments to children for care services S

In section 12B of the Social Work (Scotland) Act 1968 (c.49) (direct payments in respect of community care services)—

(a) in subsection (1)(a)—

(i) the words from “have decided" to “care service" become sub-paragraph (i); and

(ii) for the words “within the meaning of section 5A of this Act," there is substituted the word “ ; or ” and the following sub-paragraph—

“(ii) have a duty to provide a service to him under section 22(1) of the Children (Scotland) Act 1995 (c.36) (promotion of welfare of children in need) other than a service which comprises giving assistance in cash;”;

and

(b) at the end there is added—

“(7) The definition of “community care service" in section 5A of this Act shall, with the modification mentioned in subsection (8) below, apply for the purposes of this section as that definition applies for the purposes of that section.

(8) The modification is that the words “, other than services for children," in the definition shall be disregarded.”.

71 Amendment of Children Act 1975: maintenance payments to children S

In section 50 of the Children Act 1975 (c.72) (which empowers a local authority to make payments for or towards the maintenance of a child under sixteen who is residing with and being cared for, other than as a foster child, by a person other than the parent of the child), for the word “sixteen" there is substituted “ eighteen ”.

Nursing in local authority residential accommodation S

72 Provision by local authorities of residential accommodation in which nursing is provided S

A local authority shall have power to provide and maintain such accommodation as is mentioned in subsection (1) of section 13A of the Social Work (Scotland) Act 1968 (c.49) (residential accommodation with nursing); and accordingly—

(a) in that subsection—

(i) after the word “shall" there is inserted the following paragraph—

“(a) provide and maintain;”;

(ii) after that paragraph there is inserted the word “ or ”; and

(iii) the existing words “make such arrangements as they consider appropriate and adequate for the provision of" become paragraph (b);

(b) in subsection (2) of that section, the word “The", where it first occurs, is repealed; and

(c) in section 59(1) of that Act (provision of residential and other establishments by local authorities etc.), for the words “Subject to" there are substituted the words “ Without prejudice to their duties under ”.

Commencement Information

I10 S. 72 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)

After-care S

73 Amendment of Children (Scotland) Act 1995: after-care S

(1) In section 29 of the Children (Scotland) Act 1995 (c.36) (after-care for persons who have been looked after by local authorities)—

(a) in subsection (3), at the beginning there is inserted “ Subject to section 73(2) of the Regulation of Care (Scotland) Act 2001 (asp 8), ”;

(b) after subsection (4) there is added—

“(5) It is the duty of each local authority, in relation to any person to whom they have a duty under subsection (1) above or who makes an application under subsection (2) above, to carry out an assessment of the person’s needs.

(6) Each local authority shall establish a procedure for considering representations (including complaints) made to them by any person mentioned in subsection (1) or (2) above about the discharge of their functions under the provisions of subsections (1) to (5) above.

(7) In subsection (1) above, the reference to having been “looked after by a local authority" shall be construed as including having been looked after by a local authority in England and Wales; and subsection (4) of section 105 of the Children Act 1989 (c.41) (construction of references to a child looked after by a local authority) shall apply for the purposes of this subsection as it applies for the purposes of that Act (“local authority in England and Wales” being construed in accordance with subsection (1) of that section).”.

(2) The Scottish Ministers may in regulations—

(a) specify, either generally or in relation to a category or description of persons mentioned in subsection (1) or (2) of section 29 of the Children (Scotland) Act 1995 (or treated, by virtue of paragraph (b)(i) below, as so mentioned), the manner in which assistance is to be provided or, as the case may be, may be provided under the subsection in question;

(b) prescribe a category or description of persons who—

(i) though not mentioned in subsection (1) or (2) of that section are, for the purposes of the subsection in question, to be treated as persons so mentioned; or

(ii) though so mentioned are, for the purposes of the subsection in question, not to be treated as so mentioned,

but such category or description must for the purposes of sub-paragraph (i) above be of persons who are, or have been, “eligible children" within the meaning of paragraph 19B(1) of Schedule 2 to the Children Act 1989 (local authority support for children and families) or “relevant children" within the meaning of section 23A(1) of that Act (functions of responsible authority) and for the purposes of sub-paragraph (ii) above be of persons to whom the subsection in question applies by virtue of subsection (1) above;

(c) make provision as to assessments for the purposes of subsection (5) of section 29 of the Children (Scotland) Act 1995; or

(d) make provision as to procedures established under subsection (6) of that section.

(3) Regulations under subsection (2)(c) above may in particular make provision about—

(a) who is to be consulted in relation to an assessment;

(b) the way in which an assessment is to be carried out, by whom and when;

(c) the recording of the results of an assessment; or

(d) the considerations to which the local authority are to have regard in carrying out the assessment.

(4) Regulations under this section may make different provision for different areas.

Commencement Information

I11 S. 73(1)(a) (2)-(4) in force at 5.12.2003 by S.S.I. 2003/596, art. 3(1)

I12 S. 73(1)(b) in force at 1.4.2004 by S.S.I. 2003/596, art. 3(2)

Place of safety S

74 Amendment of Children (Scotland) Act 1995: “place of safety" S

In section 93(1) of the Children (Scotland) Act 1995 (c.36) (interpretation), in the definition of “place of safety", for paragraph (d) (and the word “or" which immediately precedes that paragraph) there is substituted—

“(d) a hospital, or surgery, the person or body of persons responsible for the management of which is willing temporarily to receive the child;

(e) the dwelling-house of a suitable person who is so willing; or

(f) any other suitable place the occupier of which is so willing.”.

Panels S

75 Panels for curators ad litem, reporting officers and safeguarders S

In section 101 of the Children (Scotland) Act 1995 (c.36) (establishment of a panel of persons from whom curators ad litem, reporting officers and safeguarders may be appointed)—

(a) for subsection (1) there is substituted—

“(1) The Scottish Ministers may by regulations make provision for the establishment of one or more of each of the following—

(a) a panel of persons from which curators ad litem may be appointed under section 58 of the Adoption (Scotland) Act 1978 or under section 87(4) of this Act;

(b) a panel of persons from which reporting officers may be appointed under either of those sections; and

(c) a panel of persons from which appointments may be made under section 41(1) of this Act.”;

(b) in subsection (2), in each of paragraphs (a) and (b), for the words “the panel" there is substituted “ those panels ”; and

(c) for subsection (3) there is substituted—

“(3) Regulations under subsection (1) above may provide—

(a) for the defrayment by local authorities of expenses incurred by members of any panel established by virtue of that subsection; and

(b) for the payment by local authorities of fees and allowances for such members.

(4) Paragraphs 9 and 10(b) of Schedule 1 to this Act shall apply in relation to any panel established by virtue of subsection (1)(c) above as they apply in relation to children’s panels.”.

76 Amendment of Children (Scotland) Act 1995: Children’s Panel Advisory Committees S

In Schedule 1 to the Children (Scotland) Act 1995 (c.36) (children’s panels and Children’s Panel Advisory Committees)—

(a) in paragraph 9, the words from “to recruit" to the end become sub-paragraph (a) and after that sub-paragraph there is added— “; and

(b) to train members, or possible members, of the Children’s Panel Advisory Committees (or of any sub-committees of any of those committees).”; and

(b) in paragraph 10(b), the words “panel members or potential panel members" become head (i) and after that head there is added— “; and

(ii) members or potential members of Children’s Panel Advisory Committees (or of any sub-committees of any of those committees).”.

PART 7 S GENERAL

[F76 77 Interpretation S

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);

• “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)

  a national of a relevant European State other than the United Kingdom;

  (b)

  a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable [F77 EU] right; or

  (c)

  a person who is not a national of a relevant European State but who is, by virtue of an enforceable [F77 EU] 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 [F77 EU] 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 [F77 EU] 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—

  (a)

  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

  (b)

  is a visiting social worker from a relevant European State; or

  (c)

  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

  (d)

  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

F76 S. 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

F77 Words in s. 77 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))

78 Orders and regulations S

(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 [F78 or 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

F78 Words 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

79 Minor and consequential amendments S

Schedule 3 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, has effect.

Commencement Information

I13 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)

I14 S. 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)

80 Repeals and transitional provisions etc. S

(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

I15 S. 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)

I16 S. 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)

81 Short title and commencement S

(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

P1 S. 81(2)(3)(4) power partly exercised: 1.4.2002 appointed for specified provisions by S.S.I. 2002/162, art. 2(a)-(d)

P2 S. 81(2) power partly exercised: different dates appointed for specified provisions by S.S.I. 2001/304, art. 2