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Health and Personal Social Services Act (Northern Ireland) 2001
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“Social care worker”, etc.N.I.
This section has no associated Explanatory Notes
2.—(1) This section has effect for the purposes of this Part.
(2) “Social care worker” means a person (other than a person excepted by regulations) who—
(a)engages in relevant social work (referred to in this Part as a “social worker”);
(b)is employed at—
(i)a children's home;
(ii)a residential care home;
(iii)a nursing home;
(iv)a day care setting;
(v)a residential family centre;
(c)manages an establishment of a description mentioned in paragraph (b); or
(d)is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
(3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—
(a)a person engaged in work for the purposes of the [F1social care] functions of [F2the Department or an] [F3HSC trust];
(b)a person engaged in the provision of personal care for any person;
(c)a person who manages, or is employed in, an undertaking which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;
(d)a person engaged in the provision of services which are similar to services which may or must be provided by [F4the Department] or [F5HSC trusts] in the exercise of their [F1social care] functions;
(e)a person employed in connection with the discharge of functions of the Department under Article 149 of the Children (Northern Ireland) Order 1995 (NI 2) (inspection of children's homes etc.);
(f)a person participating in a course approved by the Council under section 10 for persons wishing to become social workers.
(4) “Relevant social work” means social work which is required in connection with any health, education, probation or [F1social care] provided by any person.
F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2
F2Words in s. 2(3)(a) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 189(2)(a); S.R. 2022/102, art. 2(b)
F3Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F4Words in s. 2(3)(d) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 189(2)(b); S.R. 2022/102, art. 2(b)
F5Words in Act substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F6S. 2(5)-(7) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 3 (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)
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