The Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013

Requirements on social service workers

5.—(1) A social service worker may only work in a care service if that worker is registered.

(2) A social service worker must apply for registration as soon as reasonably practicable after starting work as a social service worker in a care service.

(3) Paragraph (1) does not apply to a social service worker—

(a) until the expiry of a period of 6 months from the date on which a social service worker starts work as a social service worker in a care service; or

(b) until the application for registration referred to in paragraph (2) is granted,

whichever event occurs first.

(4) Paragraphs (1) and (2) do not apply to a social service worker who, by virtue of any enactment, requires to be registered to provide or inspect a care service with another person or body and is so registered.

(5) The exception provided for in paragraph (3) does not apply to a social service worker who has been the subject of a removal order under the Council’s rules and that social service worker has not been the subject of a subsequent restoration order.

(6) In the case of a social service worker who has been the subject of a restoration order, the six month period mentioned in paragraph (3)(a) commences on the date on which the restoration order has effect.

(7) In the case of a social service worker of a description specified in column 1 of the Schedule who works in such a role on the coming into force of these Regulations—

(a) paragraph (1) does not apply until the date specified in the corresponding entry in column 2 of the Schedule;

(b) that worker must be registered by that date; and

(c) paragraphs (2), (3), (5) and (6) do not apply.

(8) For the purposes of this regulation, starting work includes starting work as a different type of social service worker (including with the same employer).