Health and Personal Social Services Act (Northern Ireland) 2001

Preliminary N.I.

The Northern Ireland Social Care Council N.I.

1.—(1) There shall be a body corporate to be known as the Northern Ireland Social Care Council (referred to in this Part as “the Council”) which shall have the functions conferred on it by or under this Part or any other statutory provision.

(2) It shall be the duty of the Council to promote—

(a) high standards of conduct and practice among social care workers; and

(b) high standards in their training.

(3) The Council shall, in the exercise of its functions, act—

(a) in accordance with any directions given to it by the Department; and

(b) under the general guidance of the Department.

(4) Schedule 1 shall have effect with respect to the Council.

“Social care worker”, etc. N.I.

2.—(1) This section has effect for the purposes of this Part.

(2) “Social care worker” means a person (other than a person excepted by regulations) who—

(a) engages in relevant social work (referred to in this Part as a “social worker”);

(b) is employed at—

(i) a children's home;

(ii) a residential care home;

(iii) a nursing home;

(iv) a day care setting;

(v) a residential family centre;

(c) manages an establishment of a description mentioned in paragraph (b); or

(d) is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a) a person engaged in work for the purposes of the personal social services functions of a Health and Social Services Board or HSS trust;

(b) a person engaged in the provision of personal care for any person;

(c) a person who manages, or is employed in, an undertaking which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;

(d) a person engaged in the provision of services which are similar to services which may or must be provided by Health and Social Services Boards or HSS trusts in the exercise of their personal social services functions;

(e) a person employed in connection with the discharge of functions of the Department under Article 149 of the Children (Northern Ireland) Order 1995 (NI 2) (inspection of children's homes etc.);

(f) a person participating in a course approved by the Council under section 10 for persons wishing to become social workers.

(4) “Relevant social work” means social work which is required in connection with any health, education, probation or personal social services provided by any person.

[F1 (5) “The General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781).

(6) “Relevant European State” means an EEA State or Switzerland.

(7) “Exempt person” means—

(a) a national of a relevant European State other than the United Kingdom,

(b) a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable Community right, or

(c) a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;

and in this subsection, “national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.]

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F1 S. 2(5)-(7) inserted (3.12.2007) by European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 244