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PART 3S THE COUNCIL

ConstitutionS

43 Constitution of Scottish Social Services CouncilS

(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.

RegistrationS

44 Register of social workers and of other social service workersS

(1)The Council shall maintain a register of—

(a)social workers;

F1(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(ab)temporary social workers;]

(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.

[F3(2)There shall be a separate part of the register for—

(a)social workers;

[F4(ba)temporary social workers;]

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F7(2B)In this Part, “temporary social worker” means a person who satisfies the requirements for temporary registration under section 46D.

(2C)Any rules made by the Council under this Part apply in relation to a person registered as a temporary social worker, and applications for registration as a temporary social worker, unless otherwise stated or provided for in this Part.]

(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

F2S. 44(1)(ab) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(2)(a) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F4S. 44(2)(ba) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(2)(b) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F7S. 44(2B)(2C) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(2)(c) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I1S. 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 3S

(1)An application for registration under this Part F8... shall be made to the Council in accordance with rules made by the Council.

F9(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

Commencement Information

I2S. 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 3S

(1)An application [F10under 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 [F11section 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 unconditionallyF12....

[F13(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.]

[F14(2I)This section does not apply in relation to applications for registration as a temporary social worker (see section 46D).]

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14S. 46(2I) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(3) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I3S. 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)

F1746A.Visiting social workers from relevant European StatesS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1846B.Qualifications gained outside ScotlandS

This section applies where—

F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

X1[F2046CDirection to Council to consider applications for temporary registrationS

(1)The Scottish Ministers may direct the Council to consider applications for registration as a temporary social worker in accordance with section 46D.

(2)Before giving a direction under subsection (1), the Scottish Ministers—

(a)must have regard to advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this section by the Scottish Ministers; and

(b)must be satisfied that the direction is a necessary and proportionate action for or in connection with the continued provision of social work services (within the meaning given by section 48 of the Public Services Reform (Scotland) Act 2010).

(3)The Scottish Ministers must publish a direction under subsection (1).

(4)A direction under subsection (1) has effect—

(a)for the period specified in the direction; or

(b)until revoked by a further direction stating that the Council is no longer to consider applications for registration as a temporary social worker.]

Editorial Information

X1The power conferred under this provision to make a direction may be exercised by means of a notice published in The Gazette

Textual Amendments

F20Ss. 46C-46G inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(4) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

[F2046DGrant or refusal of temporary registrationS

(1)This section only applies where the Scottish Ministers have given the Council a direction under section 46C(1).

(2)The Council may grant an application for registration as a temporary social worker unconditionally if subsection (4) or (6) applies.

(3)Where the Council is not satisfied as mentioned in subsection (4) or (6) it may—

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

(b)refuse the application.

(4)This subsection applies where the Council is satisfied that the applicant—

(a)had previously been registered as a social worker in a relevant register during the period of 5 years before the date on which section 7 of the Coronavirus Act 2020 came into force;

(b)is of good character;

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

(d)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

(ii)satisfies such other requirements relating to education as the Council considers appropriate.

(5)For the purpose of subsection (4)(a), “relevant register” means—

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

(b)the register maintained by Social Work England under Part 2 of the Children and Social Work Act 2017 (and any corresponding register established under the law of England and Wales before that Act came into force);

(c)the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (and any corresponding register established under the law of England and Wales before that Act came into force);

(d)the register maintained by the Northern Ireland Social Care Council under Part 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 1 (N.I.)).

(6)This subsection applies where the Council is satisfied that the applicant—

(a)is participating in the final year of a relevant course of training in Scotland or in another part of the United Kingdom;

(b)despite not having completed the course, is suitably experienced to be registered as a temporary social worker;

(c)is of good character; and

(d)satisfies such requirements as to competence or conduct as the Council may by rules impose.

(7)For the purpose of subsection (6)(a), “relevant course of training” means—

(a)a course for those wishing to become a social worker which is approved by the Council in rules made under section 54(1) of this Act,

(b)such other course for those wishing to become a social worker as the Council considers appropriate.]

Textual Amendments

F20Ss. 46C-46G inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(4) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

[F2046ENotice and effect of decisions on temporary registrationS

(1)Where the Council grants an application for registration as a temporary social worker unconditionally under section 46D(2)—

(a)the Council must give the applicant notice of that decision; and

(b)registration takes effect immediately on the notice being given.

(2)Where, under section 46D(3), the Council refuses such an application or grants it subject to conditions—

(a)the Council must give the applicant notice of that decision; and

(b)the notice must state the Council's reasons for the decision.

(3)A decision to refuse the application or grant it subject to conditions takes effect immediately on notice to that effect being given.

(4)An applicant may not appeal any decision made by the Council under section 46D.]

Textual Amendments

F20Ss. 46C-46G inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(4) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

[F2046FRegistration period for temporary registrationS

(1)A person's registration as a temporary social worker has effect until the date on which the Scottish Ministers give a direction in accordance with section 46C(4)(b).

(2)After the date mentioned in subsection (1), the Council must remove the entry relating to the person in the part of the register for temporary social workers.

(3)The Council may not by rules extend the period for which, by virtue of subsection (1), a person's registration as a temporary social worker has effect.]

Textual Amendments

F20Ss. 46C-46G inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(4) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

[F2046GSubsequent applications for registration as social workerS

(1)Where a person described in section 46D(4)(a)—

(a)is granted registration as a temporary social worker under that section; and

(b)remains registered as a temporary social worker;

the person may subsequently apply for registration as a social worker in accordance with this Part.

(2)Where a person described in section 46D(6)(a)—

(a)is granted registration as a temporary social worker under that section;

(b)remains registered as a temporary social worker; and

(c)completes their course of training;

the person may subsequently apply for registration as a social worker in accordance with this Part.

(3)Where subsection (1) or (2) applies and the person's application for registration as a social worker is granted—

(a)the person's registration as a temporary social worker ceases to have effect from the date on which their registration as a social worker has effect under section 46; and

(b)the Council must remove the entry relating to the person in the part of the register for temporary social workers.

(4)Where a person's registration as a temporary social worker otherwise ceases to have effect, the person may subsequently apply for registration as a social worker in accordance with this Part.]

Textual Amendments

F20Ss. 46C-46G inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(4) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

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

(1)The Council may at any time give notice to a person registered under this Part F21... [F22of 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

[F23(a)] give the Council's reasons for the [F24decision;]

(b)[F25explain 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.]

[F26(3)Subsection (2)(b) does not apply in relation to a person registered as a temporary social worker.]

Textual Amendments

F26S. 47(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(5) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I4S. 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 [F27decision under section 47] S

(1)A notice under section F28... 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.

[F29(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).

[F30(2A)But subsections (3) and (4) do not apply in relation to a person registered as a temporary social worker.]

(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

F30S. 48(2A) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(6) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I5S. 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 registerS

(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 [F31decision] 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

Commencement Information

I6S. 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 [F32under rules under section 49] S

F33(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)If the Council decides—

F34(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.

[F35(3)Subsection (3)(a) does not apply in relation to a person registered as a temporary social worker.]

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

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

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F37Subject to subsection (5),] a decision such as is mentioned in subsection (2) aboveF38... shall not take effect—

(a)if no appeal is brought, until the period of fourteen days [F39after 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.

[F40(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

F35S. 50(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(7) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I7S. 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)

AppealS

51 Appeal against decision of CouncilS

[F41(ZA1)This section does not apply in relation to a person registered as a temporary social worker or applications for registration as a temporary social worker.]

[F42(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.]

[F43(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; F44...

F45(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may, within fourteen days after [F47service of the notice], appeal to the sheriff against the decision.]

(2)On [F48an appeal under this section] the sheriff may—

(a)confirm the decision; F49...

(b)direct that it shall not have effect F50... [F51, 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

F41S. 51(ZA1) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(8) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I8S. 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)

OffenceS

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 [F52or temporary social worker], takes or uses the title of social worker [F52or temporary social worker], or purports in any other way to be a social worker [F52or temporary 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.

Textual Amendments

F52Words in s. 52(1)(a) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(9) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I9S. 52(1)(a)(2) in force at 1.9.2005 by S.S.I. 2005/426, art. 2

Codes of practiceS

53 Codes of practiceS

[F53(A1)For the purpose of this section, “social service worker” includes a person registered as a temporary social worker.]

(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 [F54Social 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.

[F55(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.

[F56(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

F53S. 53(A1) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(10) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F54Words 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.

TrainingS

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.

[F57(5)This section does not apply in relation to a person registered as a temporary social worker.]

Textual Amendments

F57S. 54(5) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(11) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

55 Grants and allowances for social service workers’ trainingS

(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 [F58or temporary social 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.

Textual Amendments

F58Words in s. 55(1) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(12) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Regulations and rulesS

56 Regulations relating to the CouncilS

(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 rulesS

(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 [F59(but see sections 46F and 46G of this Act in relation to a person registered as a temporary social worker)].

(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.

F60(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61(2B)Rules made by the Council under subsection (2) may not make provision for the payment of fees in connection with registration as a temporary social worker.]

(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

F59Words in s. 57(1)(c) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(13)(a) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F61S. 57(2B) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(13)(b) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

[F62Notification of dismissal etc. for misconduct and provision of other information to CouncilS

Textual Amendments

57ANotification of dismissal etc. to CouncilS

The employer of a social service worker [F63or a person registered as a temporary social worker] shall—

(a)on dismissing the social service worker [F64or person registered as a temporary social worker] on grounds of misconduct; or

(b)on the social service worker [F65or person registered as a temporary social 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.

Textual Amendments

F63Words in s. 57A inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(14)(a) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F64Words in s. 57A(a) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(14)(b) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F65Words in s. 57A(b) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(14)(c) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

57BProvision of other information to Council by employerS

The employer of a social service worker [F66or a person registered as a temporary social 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.]

Textual Amendments

F66Words in s. 57B inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(15) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Functions of the Scottish MinistersS

58 Functions of the Scottish Ministers under this PartS

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

(a)ascertaining what numbers of—

[F67(zi)temporary social workers;]

(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 [F68or temporary social 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 [F69or temporary social 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 [F70or temporary social 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.

Textual Amendments

F67S. 58(1)(a)(zi) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(16)(a) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F68Words in s. 58(1)(b) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(16)(b) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F69Words in s. 58(2)(b) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(16)(c) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

F70Words in s. 58(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(16)(d) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))