The Social Workers Regulations 2018

Content of the register E+W

9.—(1) The following information must be recorded in the register in relation to a registered social worker—

(a) their name,

(b) the reference number assigned to their entry,

[F1 (ba) in the case of a social worker registered under regulation 12A (emergency registration) the fact that the social worker has been registered under that regulation,]

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) whether their registration is subject to a condition in accordance with regulation 11(3),

(e) the date of registration, and

(f) their social work qualification.

[F3 (1A) The information referred to in paragraph (1)(a), (b) or (ba) is not required to be recorded in the register in relation to a social worker registered under regulation 12A as a member of a specified group.]

(2) Where a registered social worker is, or has been, subject to fitness to practise proceedings, details of the following must be recorded in their entry in the register—

(a) any interim suspension order or interim conditions of practice order made by adjudicators under paragraph 8(2) or 11(1) of Schedule 2, including where the order is varied, revoked or replaced on a review under paragraph 14 of that Schedule or any action taken on appeal to the High Court under paragraph 16 of that Schedule,

(b) any order imposed, or advice given, by case examiners on a disposal without hearing under paragraph 9(3) of Schedule 2,

(c) any advice given by adjudicators under paragraph 12(3)(a) of Schedule 2 following a determination that the social worker's fitness to practise is impaired,

(d) any final order made by adjudicators under paragraph 12(3)(b) of Schedule 2, including where that order is varied, revoked or replaced on a review under paragraph 15 of that Schedule or any action taken on appeal to the High Court under paragraph 16 of that Schedule.

(3) The regulator may record any other information in the register it considers appropriate.

(4) An order [F4 under paragraph 12(3)(b) of Schedule 2] may not be recorded until the expiry of the period within which an appeal against the order could be made, or where an appeal against the order has been made, before the appeal is withdrawn or otherwise finally disposed of.

(5) Any information recorded in accordance with paragraph (2) must remain on the register—

(a) in the case of an interim order, a conditions of practice order, or a suspension order, for the period during which the order remains in force or such longer period as the regulator determines in accordance with rules made under paragraph (6),

(b) in the case of a warning order, or advice given, for such period as the regulator specifies in rules made under paragraph (6).

(6) The regulator—

(a) must make rules setting out—

(i) qualifications that are relevant for the purposes of paragraph (1)(f), and

(ii) the period for which information mentioned in paragraph (5)(b) must remain in the register, and

(b) may make rules setting out further provision as to the content of the register including, in particular—

(i) qualifications, specialisms, accreditation and competences that are relevant for the purposes of regulation 12(1) (annotation of entries in the register), and

(ii) the longer period for which information mentioned in paragraph (5)(a) must remain in the register,

with the proviso that any period for which information mentioned in paragraph (5) must remain on the register under those rules must be proportionate in all the circumstances of each case.

Textual Amendments

F1 Reg. 9(1)(ba) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 5 para. 1(2)(a) (with ss. 88-90) (subject to expiry in accordance with s. 89(1)(2)(d) of the modifying Act)

F2 Reg. 9(1)(c) 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. 11 para. 5 (with reg. 12A, Sch. 11 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 19(b)-(e)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 9(1A) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 5 para. 1(2)(b) (with ss. 88-90) (subject to expiry in accordance with s. 89(1)(2)(d) of the modifying Act)

F4 Words in reg. 9(4) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), regs. 1(2), 2(4)

Modifications etc. (not altering text)

C1 Reg. 9(2) modified (2.12.2019) by The Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019 (S.I. 2019/1140), regs. 1, 3(2)(a); S.I. 2019/1436, reg. 2(b)