PART 20SOCIAL WORKERS: REGULATION OF CARE (SCOTLAND) ACT 2001

Amendment of section 77265.

In section 77(1) (interpretation)—

(a)

at the appropriate places, insert the following definitions—

““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 paragraphs (a) to (c), “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;;”;

““relevant European State” means an EEA State or Switzerland;”;

““the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);”; and

““visiting social worker from a relevant European state” means a person entitled under section 46A of this Act to be registered in the part of the register maintained under section 44(1) of this Act for visiting social workers from relevant European States;”; and

(b)

in the definition of “social service worker”—

(i)

in paragraph (a), for “subsection (4) of that section” substitute “ section 46B of this Act ”,

(ii)

after that paragraph insert—

“(aa)

is a visiting social worker from a relevant European State; or”, and

(iii)

in paragraph (b), after “(a)” insert “ or (aa) ”.