- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 No. 227
2.—(1) In these Regulations––
“the 2001 Act” means the Regulation of Care (Scotland) Act 2001(1);
“the 2005 Order” means the Regulation of Care (Social Service Workers) (Scotland) Order 2005(2);
“the 2010 Act” means the Public Services Reform (Scotland) Act 2010(3);
“care service” has the meaning given in section 47 of the 2010 Act;
“the Council” means the Scottish Social Services Council as constituted by section 43 of the 2001 Act;
“the Council’s rules” means rules made by the Council under section 49 of the 2001 Act;
“provider” is to be construed in accordance with the definition of “provide” in section 105(1) of the 2010 Act;
“registered” means registered in the part of the register maintained by the Council under section 44 of the 2001 Act which is most relevant to the position held by the person concerned and “registration” is to be construed accordingly;
“removal order” means an order removing a person from the Council’s Register in terms of section 49(1) of the 2001 Act;
“restoration order” means an order restoring a person to the Council’s Register in terms of section 49(1) of the 2001 Act;
“SCSWIS” means Social Care and Social Work Improvement Scotland as established by section 44 of the 2010 Act;
“social worker” has the meaning given in section 77 of the 2001 Act(4);
“social service worker” means a person of one of the descriptions in article 2 of the 2005 Order.
(2) In these Regulations reference to—
(a)a person employed by a provider or SCSWIS means a person in paid employment (whether under a contract of service or apprenticeship) or a person engaged under a contract for services but does not include a person who volunteers to work without pay; and
(b)work does not include the work of a person who volunteers to work without pay.
S.S.I. 2005/318 as amended by S.S.I. 2005/611, 2006/453, 2007/407, 2009/350, 2010/442, S.I. 2009/1182 and 2013/141, S.I. 2010/231 and 2012/1479.
Section 77 was substituted by S.S.I. 2011/211.
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