Regulation of Care (Scotland) Act 2001

[F1 46D Grant or refusal of temporary registration S

(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

F1 Ss. 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))