- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health and Personal Social Services Act (Northern Ireland) 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
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.
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—
(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 [F3HSC trusts] in the exercise of their [F1social care] 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 [F1social care] provided by any person.
[F4(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.]
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: