The Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No. 2) Amendment Regulations 2010

Amendment of the Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No. 2) Regulations 2009

2.—(1) The Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No. 2) Regulations 2009(1) are amended as follows.

(2) In regulation 1(4) (citation, commencement and interpretation)—

(a) after the definition of “manager of an adult day care service” insert—

““manager of a care at home service” means a person who is employed and responsible for the overall professional management of the direct provision, supervision and quality assurance of a support service(2) which provides care and support in a person’s home;”; and

(b) after the definition of “manager of a day care of children service” insert—

““manager of a housing support service” means a person who is employed and responsible for the overall professional management of the direct provision, supervision and quality assurance of a housing support service(3);”.

(3) In regulation 3(4) (fitness of social service workers) for “15C” substitute “15D” both times it appears.

(4) For regulation 6 (new employment as a residential child care worker, a manager of an adult day care service or a manager of a care home service for adults) substitute—

“Registration requirements for new employment as a relevant social service worker

6.— (1) This regulation applies to a “relevant worker”, which is a social service worker of the following type—

(a) a residential child care worker;

(b) a manager of an adult day care service;

(c) a manager of a care home service for adults;

(d) a manager of a residential school care accommodation service;

(e) a supervisor of a residential school care accommodation service;

(f) a worker in a residential school care accommodation service;

(g) a manager of a care at home service; or

(h) a manager of a housing support service.

(2) Where a person has not held continuous employment as a relevant worker prior to commencing new employment as that type of relevant worker, regulation 3 applies in accordance with paragraphs (3) and (4).

(3) That person must apply for registration in the relevant part of the register maintained by the Scottish Social Services Council as soon as reasonably practicable after commencing that new employment.

(4) Notwithstanding the generality of paragraph (3), that person must achieve such registration within 6 months of commencing new employment.

(5) In this regulation—

“continuous employment” includes consecutive employment with different employers as the same type of relevant worker provided there is no break in employment; and

“new employment” includes a change of employment to a new position as a different type of social service worker, whether with the same or a different employer.”.

(5) Omit regulation 6A (new employment as a manager of a residential school care accommodation service, supervisor of a residential school care accommodation service, or a worker in a residential school care accommodation service).

(6) After regulation 15C, insert—

“15D.   Regulation 3 shall not apply to—

(a) a manager of a care at home service; and

(b) a manager of a housing support service

until 31st January 2014.”.

(1)

S.S.I. 2009/118 as amended by S.S.I. 2009/349.

(2)

“support service” is defined in section 2(2) of the Act.

(3)

“housing support service” is defined in section 2(27) of the Act.