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Regulation of Care (Scotland) Act 2001

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53 Codes of practiceS

This section has no associated Explanatory Notes

[F1(A1)For the purpose of this section, “social service worker” includes a person registered as a temporary social worker.]

(1)The Council shall prepare, and from time to time publish, codes of practice laying down standards of conduct and practice expected—

(a)of social service workers; or

(b)in relation to social service workers, of persons employing or seeking to employ such workers.

(2)Before publishing a code, the Council shall—

(a)obtain the consent of the Scottish Ministers to the provisions of that code; and

(b)consult [F2Social Care and Social Work Improvement Scotland], any person, or group of persons, prescribed by the Scottish Ministers and any other person, or group of persons, the Council considers it appropriate to consult.

(3)The Council shall keep the codes under review and shall vary the provisions of a code whenever, after such consultation, it considers it appropriate to do so.

[F3(3A)A social service worker shall, so far as relevant, have regard to any code published under subsection (1) by the Council.

(3B)An employer of a social service worker, or a person seeking to employ such workers, shall, so far as relevant, have regard to any code published under subsection (1) by the Council.]

(4)The employer of a social service worker shall, in making any decision which relates to the conduct of that worker, take into account any code published under subsection (1) above by the Council.

(5)The Council shall give a copy of a code so published to any person who requests such copy.

[F4(6)The Scottish Ministers may give directions (of a general or specific nature) to—

(a)the persons mentioned in paragraph (a) or (b) of subsection (1);

(b)the Council,

in relation to any code so published; and such directions must be complied with.

(7)The Scottish Ministers may vary or revoke any direction given under subsection (6).]

Textual Amendments

F1S. 53(A1) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 6 para. 1(10) (with ss. 88-90)

F2Words in s. 53(2)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 3; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

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