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There are currently no known outstanding effects for the The Social Workers Regulations 2018, Section 3.
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3.—(1) Any rules which the regulator M1 is required, or empowered, to make and revise under these Regulations must be made and revised in accordance with this regulation.
(2) Before making rules the regulator must—
(a)carry out a public consultation, unless the regulator considers that the content of the proposed rules is such that it would be inappropriate or disproportionate to do so,
(b)consult representatives of any group of persons who the regulator considers are likely to be affected by the proposed rules, including representatives of—
(i)registered social workers,
(ii)employers of registered social workers,
(iii)users of the services of registered social workers, and
(iv)persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, and
(c)comply with paragraphs (3) and (4).
(3) Proposed rules must be submitted to the Secretary of State, and come into force—
(a)on such date, not less than 28 days after the proposed rules are submitted to the Secretary of State, as the regulator determines provided that the Secretary of State has not within that period of 28 days objected to them coming into force, or
(b)on such earlier date as the Secretary of State and the regulator may agree.
(4) The Secretary of State must consider any proposed rules M2 submitted pursuant to paragraph (3) and, if the Secretary of State objects to the rules coming into force—
(a)the Secretary of State must notify the regulator accordingly giving reasons,
(b)the regulator must modify the rules in light of the objection, but is not required to comply with paragraph (2) in respect of those modified rules if it considers that the modifications are minor, or not substantive, and
(c)the modified rules come into force on such date as the regulator determines.
(5) The regulator must comply with paragraphs (2) to (4) before revising rules, unless it considers that the revision is minor, or not substantive.
(6) Rules made under this regulation must be—
(a)in writing, and published together with an indication of the date on which they come into force,
(b)kept under review by the regulator,
and any revised rules must be published as soon as reasonably practicable.
Marginal Citations
M1By virtue of section 36(1) and (2) of the Act a body corporate called “Social Work England” is established, and is referred to as “the regulator”.
M2By virtue of section 26A(1A) of the National Health Service Reform and Health Care Professions Act 2002, the Secretary of State may seek the advice of the Professional Standards Authority for Health and Social Care in considering proposed rules.
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