The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

PART 1 Amendments to legislation

Interpretation

1.  In this Schedule, “the 2001 Act” means the Regulation of Care (Scotland) Act 2001(1).

Regulation of Care (Scotland) Act 2001

2.  The 2001 Act is amended as follows.

3.  In section 44 (register of social workers and of other social service workers)(2)—

(a) in subsection (1), omit paragraph (aa);

(b) in subsection (2), omit paragraph (b);

(c) omit subsection (2A).

4.  In section 45 (applications for registration under Part 3)(3)—

(a) in subsection (1), omit “, other than for registration in the visiting European part of the register,”;

(b) omit subsection (1A).

5.  Omit section 46A (visiting social workers from relevant European States)(4).

6.  In section 46B (qualifications gained outside Scotland)(5), omit paragraph (a).

7.  In section 47(1) (variation etc. of conditions in relation to registration under Part 3)(6), omit “, other than in the visiting European part of the register,”.

8.  In section 51 (appeal against decision of Council)(7)—

(a) in subsection (1), omit paragraphs (b) and (c);

(b) in subsection (2)(b), omit “or, in the case of an appeal under subsection (1)(c), direct that the alert be withdrawn or amended”.

9.  In section 57 (power of Council to make rules)(8), omit subsection (2A).

10.  In section 77 (interpretation)(9)—

(a) omit the definitions of “EEA State”, “exempt person”, “the General Systems Regulations”, “relevant European State” and “visiting social worker from a relevant European state”;

(b) in the definition of “social service worker”, omit paragraph (b).

National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004

11.  The National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004(10), in paragraph 4 of Schedule 1—

(a) in sub-paragraph (a), for “34J” substitute “34H”;

(b) in sub-paragraph (b), for “within the meaning of” substitute “established under”.

(1)

2001 asp 8.

(2)

Subsection (1)(aa) was inserted, and subsections (2) and (2A) were substituted, by S.I. 2007/3101.

(3)

Subsection (1) was amended, and subsection (1A) was inserted, by S.I. 2007/3101.

(4)

Section 46A was inserted by S.I. 2007/3101 and amended by S.I. 2016/1030.

(5)

Section 46B was inserted by S.I. 2007/3101.

(6)

Subsection (1) was amended by S.I. 2007/3101 and paragraph 3 of Schedule 15 to the Public Services Reform (Scotland) Act 2010 (asp 8).

(7)

Subsection (1) was substituted by S.I. 2007/3101. Subsections (1) and (2) were amended by paragraph 9 of Schedule 15 to the Public Services Reform (Scotland) Act 2010, S.I. 2016/1030.

(8)

Subsection (2A) was inserted by S.I. 2007/3101.

(9)

Section 77 was substituted by S.S.I 2011/211 and amended by S.I. 2011/1043, 2016/1030 and S.S.I. 2013/177.

(10)

S.S.I. 2004/114. Paragraph 4 was substituted by S.I. 2010/234.