The Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2014

Scottish Statutory Instruments

2014 No. 129

Social Care

The Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2014

Made

15th May 2014

Laid before the Scottish Parliament

19th May 2014

Coming into force

30th June 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 44(1)(b) of the Regulation of Care (Scotland) Act 2001(1) and all other powers enabling them to do so.

In accordance with section 44(4) of that Act they have consulted the Scottish Social Services Council(2) and such other persons and groups of persons as they consider appropriate.

Citation and commencement

1.  This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2014 and comes into force on 30th June 2014.

Amendment of the Regulation of Care (Social Service Workers) (Scotland) Order 2005

2.—(1) The Regulation of Care (Social Service Workers) (Scotland) Order 2005(3) is amended as follows.

(2) In article 1(2) (interpretation) at the appropriate places in alphabetical order insert—

““the 2010 Act” means the Public Services Reform (Scotland) Act 2010(4);”;

““supervisor in a care at home service” means a person (not being a manager of a care at home service) who is employed in providing and supervising the provision of a support service which provides care and support in a person’s home;”;

““supervisor in a housing support service” means a person (not being a manager of a care at home service) who is employed in providing and supervising the provision of a housing support service;”;

““support service” has the meaning given by paragraph 1 of Schedule 12 to the 2010 Act;”;

““care home service” has the meaning given by paragraph 2 of Schedule 12 to the 2010 Act;”;

““school care accommodation service” has the meaning given by paragraph 3 of Schedule 12 to the 2010 Act;”;

““secure accommodation service” has the meaning given by paragraph 6 of Schedule 12 to the 2010 Act;”;

““day care of children” has the meaning given by paragraph 13 of Schedule 12 to the 2010 Act;”; and

““housing support service” has the meaning given by paragraph 19 of Schedule 12 to the 2010 Act;”.

(3) In article 2 (description of social service worker)—

(a) in paragraph (p) omit “or”; and

(b) after paragraph (q) insert—

“(r) a supervisor in a care at home service; or

(s) a supervisor in a housing support service.”.

ALASDAIR ALLAN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

15th May 2014

EXPLANATORY NOTE

(This note is not part of the Order)

Section 44(1) of the Regulation of Care (Scotland) Act 2001 (“the 2001 Act”) requires the Scottish Social Services Council to maintain a register of social workers, social service workers of any other description prescribed and persons participating in a course or employed in a position probationary to becoming either a social worker or social service worker of qualified description.

This Order amends the Regulation of Care (Social Service Workers) (Scotland) Order 2005 (“the principal Order”) by inserting two additional descriptions of social service workers for this purpose. Article 2(2) also inserts updated definitions for certain care services within the principal Order. Those care services were defined under a section of the 2001 Act which has since been repealed. The amendments therefore insert updated references to the relevant definitions within the Public Services Reform (Scotland) Act 2010.

(1)

2001 asp 8 (“the Act”). Section 77 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which this Order is made.

(2)

The Scottish Social Services Council was established by section 43 of the Act.

(3)

S.S.I. 2005/318 as relevantly amended by S.S.I. 2005/611, S.S.I. 2006/453, S.S.I. 2007/407, S.S.I. 2009/350, S.S.I. 2010/442 and S.S.I. 2013/141.

(4)

2010 asp 8.