The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

Citation, commencement, extent and application

1.—(1) This Order may be cited as the Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012.

(2) This Order comes into force on 1st August 2012, except for paragraph 90 of the Schedule and article 11 so far as relating to it, which come into force on 1st October 2012.

(3) Except as mentioned in paragraph (4), this Order extends to England and Wales, Scotland and Northern Ireland.

(4) An amendment made by this Order has the same extent and application as the provision amended.

Amendment of the Health and Social Work Professions Order 2001

2.  In article 13 of the Health and Social Work Professions Order 2001(1) (transitional provisions relating to admission to the register)—

(a) in paragraph (1), after “(1A)” insert “or (1B)”, and

(b) after paragraph (1A) insert—

“(1B) This paragraph applies to a person who applies for admission to the register as a social worker on or after 1st August 2012.”

Amendment of Health Professions (Parts of and Entries in the Register) Order of Council 2003

3.—(1) The Health Professions (Parts of and Entries in the Register) Order of Council 2003(2) is amended as follows.

(2) In article 1(2) (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

(3) In Schedule 1 (parts of the register), in the table, after the final entries in columns 1 and 2 add—

(a) in column 1, “Part 16–Social Workers”, and

(b) in column 2, “Social Worker”.

Amendment of Health Professions Council (Registration and Fees) Rules Order of Council 2003

4.—(1) The Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 2003(3) (the Health Professions Council (Registration and Fees) Rules 2003) is amended as follows.

(2) In rule 2 (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

(3) In rule 2A (application to visiting health professionals from relevant European States), including the heading to that rule, for “visiting health professionals” substitute “visiting health or social work professionals”.

(4) In rule 10 (registration period)—

(a) after paragraph (2B) insert—

“(2C) The first registration period of a social worker who, on 1st August 2012, is transferred to the register by virtue of article 4(1) of the General Social Care Council (Transfer of Register and Abolition–Transitional and Saving Provision) Order of Council 2012(4) (transfer of register of social workers maintained by General Social Care Council) ends on 30th November 2012.”;

(b) In paragraph (3), for “(2A) or (2B)” substitute “(2A), (2B) or (2C)”.

(5) In rule 11A (continuing professional development), in paragraph (2), for “health professional” substitute “registrant”.

(6) In rule 14 (registration fee)—

(a) in paragraph (1), for “(2) to (4)” substitute “(2) to (5)”;

(b) after paragraph (4) add—

“(5) A social worker whose first registration period is provided for in rule 10(2C) is not liable to pay a registration fee in respect of that registration period.”.

(7) In Schedule 5 (registration period), after the entry in column 1 relating to “Radiographers: Diagnostic or Therapeutic” and the corresponding entry in column 2, insert—

(a) in column 1, “Social Workers”, and

(b) in column 2, “30th November in an even-numbered year”.

Amendment of the Health Professions (Screeners) Rules Order of Council 2003

5.—(1) The Schedule to the Health Professions (Screeners) Rules Order of Council(5) (the Health Professions Council (Screeners) Rules 2003) is amended as follows.

(2) In rule 2 (interpretation)—

(a) omit the definition of “health professional”,

(b) in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and omit “and” at the end, and

(c) after that definition insert—

““registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended; and”.

(3) In rule 4 (panels), in paragraph (3), for “health professional” substitute “registrant”.

(4) In rule 5 (consideration of allegations), in each of sub-paragraphs (a) and (b) of paragraph (5), for “health professional” substitute “registrant”.

Amendment of the Health Professions Council (Investigating Committee) Procedure Rules Order of Council 2003

6.—(1) The Schedule to the Health Professions Council (Investigating Committee) Procedure Rules Order of Council 2003(6) (the Health Professions Council (Investigating Committee) (Procedure) Rules 2003) is amended as follows.

(2) In rule 2 (interpretation)—

(a) omit the definition of “health professional”,

(b) in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

(c) in both paragraphs of the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and

(d) after the definition of “register entry allegation” insert—

““registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended;”.

(3) In each of the following rules, in each place where it occurs (including the heading to rule 9), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants”—

(a) rule 3 (service of documents),

(b) rule 4 (investigation of allegations),

(c) rule 5 (notice of register entry allegation),

(d) rule 6 (register entry allegations–procedure),

(e) rule 8 (conduct of hearing),

(f) rule 8A (vulnerable witnesses), and

(g) rule 9 (absence of the health professional).

Amendment of the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003

7.—(1) The Schedule to the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003(7) (the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003) is amended as follows.

(2) In rule 2 (interpretation)—

(a) omit the definition of “health professional”,

(b) in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

(c) in the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and

(d) after the definition of “Presenting Officer” insert—

““registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended.”.

(3) In each of the following rules, in each place where it occurs (including the heading to rule 11), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants”—

(a) rule 3 (service of documents),

(b) rule 4 (referral to Health Committee),

(c) rule 5 (allegations),

(d) rule 6 (hearings),

(e) rule 8 (further investigations),

(f) rule 9 (compliance with standards),

(g) rule 10 (conduct of hearing),

(h) rule 10A (vulnerable witnesses),

(i) rule 11 (absence of the health professional),

(j) rule 12 (disposal of cases).

Amendment of the Health Professions Council (Health Committee) (Procedure) Rules Order of Council 2003

8.—(1) The Schedule to the Health Professions Council (Health Committee) (Procedure) Rules Order of Council 2003(8) (the Health Professions Council (Health Committee) (Procedure) Rules 2003) is amended as follows.

(2) In rule 2 (interpretation)—

(a) omit the definition of “health professional”,

(b) in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

(c) in the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and

(d) after the definition of “Presenting Officer” insert—

““registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended.”.

(3) In each of the following rules, in each place where it occurs (including the heading to rule 11), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants”—

(a) rule 3 (service of documents),

(b) rule 4 (referral to Conduct and Competence Committee),

(c) rule 5 (allegations),

(d) rule 6 (hearings),

(e) rule 8 (further investigations),

(f) rule 9 (compliance with standards),

(g) rule 10 (conduct of hearing),

(h) rule 10A (vulnerable witnesses),

(i) rule 11 (absence of the health professional),

(j) rule 12 (disposal of cases).

Amendment of the Health Professions Council (Registration Appeals) Rules Order of Council 2003

9.—(1) The Schedule to the Health Professions Council (Registration Appeals) Rules Order of Council 2003(9) (the Health Professions Council (Registration Appeals) Rules 2003) is amended as follows.

(2) In rule 2 (interpretation), in the definition of “Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

(3) In rule 14 (conduct of hearing), in paragraph (1), for “health professional” substitute “appellant”.

Amendment of the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009

10.  In the Schedule to the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009(10) (the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules 2009), in rule 2 (interpretation)—

(a) in paragraph (a) of the definition of “lay member”, omit “or” at the end of sub-paragraph (ii), and for “and” at the end of sub-paragraph (iii) substitute—

“or

(iv) registered as a social worker, or as a visiting social worker from a relevant European state, in a register maintained under section 56 of the Care Standards Act 2000 or in any equivalent register provided for under the law of Scotland or Northern Ireland; and,” and

(b) in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Other consequential provision

11.  The Schedule to this Order, which contains further amendments and other provision consequential on Part 7 of the Health and Social Care Act 2012, has effect.

Signed by authority of the Secretary of State for Health.

Anne Milton

Parliamentary Under-Secretary of State

Department of Health

18th June 2012