Part IVU.K. Social care workers

PreliminaryE+W

55 Interpretation.E+W

(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 a children’s home, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency [F1, a voluntary adoption agency or an adoption support agency];

(c)manages an establishment, or an agency, 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 a local authority’s social services functions, or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions;

(b)a person engaged in the provision of personal care for any person;

(c)a person who manages, or is employed in, an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;

(d)a person employed in connection with the discharge of functions of the appropriate Minister under section 80 of the 1989 Act (inspection of children’s homes etc.);

(e)staff of [F2the CSCI][F3, the Office for Standards in Education, Children's Services and Skills] or the Assembly who—

(i)inspect premises under section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges) or [F4section 31 of this Act [F5, section 88] or 98 of the Health and Social Care (Community Health and Standards) Act 2003][F6or section 139 of the Education and Inspections Act 2006]; or

(ii)are responsible for persons who do so;

and staff of the Assembly who inspect premises under section 79T of that Act (inspection of child minding and day care in Wales) or are responsible for persons who do so;

(f)a person employed in a day centre;

(g)a person participating in a course approved by a Council under section 63 for persons wishing to become social workers.

(4)“Relevant social work” means social work which is required in connection with any health, education or social services provided by any person.

(5)“Day centre” means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).

[F7(6)“The General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781).

(7)“Relevant European State” means an EEA State or Switzerland.

(8)“Exempt person” means—

(a)a national of a relevant European State other than the United Kingdom,

(b)a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable Community right, or

(c)a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;

and in this subsection, “national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.]

Textual Amendments

F1Words in s. 55(2)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 115 (with Sch. 4 paras. 6-8); S.I 2005/2213, {art. 3}

F2Words in s. 55(3)(e) substituted (20.11.2003 for certain purposes and 1.4.2004 for E. otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 28(a); S.I. 2004/759, art. 4(2)

F4Words in s. 55(3)(e) substituted (20.11.2003 for certain purposes and 1.4.2004 for E. otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 28(b); S.I. 2004/759, art. 4(2)

Commencement Information

I1S. 55 partly in force; s. 55 not in force at Royal Assent see s. 122; s. 55 in force for W. at 1.4.2001 by S.I. 2000/2992, art. 2(2), Sch. 2; s. 55 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(b); s. 55 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(d); s. 55(1)(2)(a)(4) in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2; s. 55(3)(g) in force for E. for certain purposes at 1.3.2004 by S.I. 2004/484, art. 2