Health and Personal Social Services Act (Northern Ireland) 2001

Registration N.I.

The register N.I.

3.—(1) The Council shall maintain a register of—

(a) social workers [F1 and] ; F2 . . .

(b) social care workers of any other description specified by order made by the Department.; F3

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (2) There shall be a separate part of the register for—

(a) social workers [F5 and] ;

(b) each description of social care workers specified pursuant to subsection (1)(b); F6

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) For the purposes of this Part—

(a) the part mentioned in subsection (2)(a) is the “principal part” of the register;

(b) a part mentioned in subsection (2)(b) is an “added part” of the register;F7

F7 (c)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Department may by order provide for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part.

(4) The Department shall consult the Council before making, varying or revoking any order under this section.

(5) The register may be kept by means of a computer.

F1 Word in s. 3(1)(a) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 4(a)(i) (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in s. 3(1)(a) omitted (3.12.2007) by virtue of European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 245(a)

F3 S. 3(1)(c) and word omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 4(a)(ii) (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

F4 S. 3(2)(2A) substituted (3.12.2007) for s. 3(2) by European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 245(b)

F5 Word in s. 3(2)(a) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 4(a)(i) (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

F6 S. 3(2)(c) and word omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 4(a)(ii) (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

F7 S. 3(2A)(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 4(b) (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

Applications for registration N.I.

4.—(1) An application for registration [F8 in the principal part, or an added part, of the register F9 ...] shall be made to the Council in accordance with rules made by it.

(2) An application under subsection (1) shall specify each part of the register in which registration is sought and such other matters as may be required by the rules.

F8 Words in s. 4(1) substituted (3.12.2007) by European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 246

F9 Words in s. 4(1) omitted (13.5.2016) by virtue of Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 6(3), 8

Grant or refusal of registration N.I.

5.—(1)  [F10 In the case of an application under section 4(1), if the Council] is satisfied that the applicant—

(a) is of good character;

(b) is physically and mentally fit to perform the whole or part of the work of persons registered in any part of the register to which his application relates; and

(c) satisfies the following conditions,

it shall grant the application, either unconditionally or subject to such conditions as it thinks fit; and in any other case it shall refuse it.

(2) The first condition is that—

(a) in the case of an applicant for registration as a social worker—

(i) he has successfully completed a course approved by the Council under section 10 for persons wishing to become social workers;

(ii) he satisfies the requirements of section 11; or

(iii) he satisfies any requirements as to training which the Council may by rules impose in relation to social workers;

(b) in the case of an applicant for registration as a social care worker of any other description, he satisfies any requirements as to training which the Council may by rules impose in relation to social care workers of that description.

(3) The second condition is that the applicant satisfies any requirements as to conduct and competence which the Council may by rules impose.

[F11 (4) For the purposes of subsection (1)(a), in considering whether a person is of good character, the Council may have regard to whether he is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007).]

F10 Words in s. 5(1) substituted (3.12.2007) by European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 247

F11 S. 5(4) added (12.10.2009) by Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), arts. 1(3), 60(1), Sch. 7 para. 5 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/346, art. 3, Sch.

Visiting social workers from relevant European States N.I.

F12 5A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 S. 5A omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 5 (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

Removal, etc. from register N.I.

6.—(1) The Council shall by rules determine circumstances in which, and the means by which—

(a) a person may be removed from a part of the register, whether or not for a specified period;

(b) a person who has been removed from a part of the register may be restored to that part;

(c) a person's registration in a part of the register may be suspended for a specified period;

(d) the suspension of a person's registration in a part of the register may be terminated;

[F13 (da) a person's registration in a part of the register may be made subject to conditions (whether or not for a specified period);

(db) the conditions to which a person's registration in a part of the register is subject may be varied or revoked;

(dc) the duration for which a person's registration in a part of the register is subject to conditions may be varied;

(dd) an agreement with a registered person that the person will comply with specified undertakings (whether or not for a specified period) may be made;

(de) an agreement of a kind mentioned in paragraph (dd) may be varied or revoked;

(df) a warning may be given to a registered person;

(dg) advice may be given to a registered person;]

(e) an entry in a part of the register may be removed, altered or restored.

(2) The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in proceedings brought for the purposes of the rules, whether before the Council or any committee of the Council.

(3) The rules shall provide for such proceedings to be in public except in such cases (if any) as the rules may specify.

(4) Where a person's registration in a part of the register is suspended under subsection (1)(c), he shall be treated as not being registered in that part notwithstanding that his name still appears in it.

F13 S. 6(1)(da)-(dg) inserted (13.5.2016) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 1, 8

Rules about registration N.I.

7.  The Council may by rules make provision about the registration of persons under this Part and, in particular—

(a) as to the keeping of the register;

(b) as to the documentary and other evidence to be produced by those applying [F14 under section 4(1) for registration or applying] for additional qualifications to be recorded, or for any entry in the register to be altered or restored;

(c) for a person's registration to remain effective without limitation of time (subject to removal from the register F15 ... in accordance with rules made by virtue of section 6) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.

F14 Words in s. 7(b) substituted (3.12.2007) by European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 249(a)

F15 Words in s. 7(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 6 (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

[F16 Power to obtain information etc N.I.

7A— (1) The power under subsection (2) may be exercised for thepurpose of assisting the Council in performing a function under section 5F17 ... or 6 in respect of a person (“the relevant person”).

(2) If the Council considers that any person (except the relevant person)is able to provide information or produce a document that appears relevant to the performance of the function, it may by notice require the person to provide the information or produce the document.

(3) Subsection (2) does not require or permit any disclosure ofinformation which is prohibited by or under any other statutory provision [F18 or the [F19 UK GDPR]] .

(4) But where information is held in a form in which the prohibitionoperates because the information is capable of identifying an individual, the Council may, in exercising the power under subsection (2), require that the information be put into a form which is not capable of identifying that individual.

[F20 (5) In determining for the purposes of subsection (3) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.]

(6) Subsection (2) does not apply to information or a document whichthe person could not be compelled to provide or produce in civil proceedings before the county court.

(7) If a person fails to provide any information or produce any documentwithin 14 days of the person being required to do so under this section, the Council may apply to the county court for an order requiring the information to be provided or the document to be produced.

[F21 (8) In this section, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).]]

F16 S. 7A inserted (13.5.2016) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 2(1), 8

F17 Word in s. 7A(1) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 7 (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in s. 7A(3) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 77(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F19 Words in s. 7A(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 21(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F20 S. 7A(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 77(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F21 S. 7A(8) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 21(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

[F22 Investigations under section 6: information about, and to, a registered person's employers N.I.

7B— (1) This section applies where a specified kind of investigationunder section 6 is being undertaken in respect of a registered person.

(2) The Council may by notice require the registered person to givedetails of—

(a) all relevant employers, and

(b) any person who was a relevant employer at any time during a period stated in the notice.

(3) The Council may notify any relevant employer of the investigation.

(4) Section 7A(3), (5) and (7) apply for the purposes of subsection (2).

(5) In this section—

“relevant employer” means—

(a)

any person who employs the registered person to do relevant work, and

(b)

any person who has an arrangement with the registered person for the registered person to do relevant work;

“relevant work” means—

(a)

anything that, if done by a person, would result in the person being a social care worker, and

(b)

anything done anywhere outside Northern Ireland that, if done in Northern Ireland by a person, would result in the person being a social care worker;

“specified” means specified by rules made by the Council.”.]

F22 S. 7B inserted (13.5.2016) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 2(2), 8

Registration – enforcement N.I.

8.—(1) If a person who is not registered [F23 in the register as a social worker F24 ...,] with intent to deceive another—

(a) takes or uses the title of social worker;

(b) takes or uses any title or description implying that he is [F25 so registered ] , or in any way holds himself out as so registered,

he is guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) The Department may by regulations make provision for prohibiting persons from working in such positions as may be prescribed unless they are registered in, or in a particular part of, [F26 the register] .

(4) Regulations under subsection (3) may provide that a contravention of any specified provision of the regulations shall be an offence.

(5) A person guilty of an offence under such regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F27 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 Words in s. 8(1) substituted (13.5.2016) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 3(2), 8

F24 Words in s. 8(1) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 8(a) (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in s. 8(1)(b) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 10 para. 8(b) (with reg. 12A, Sch. 10 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 18); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in s. 8(3) substituted (13.5.2016) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 3(3), 8

F27 S. 8(6) omitted (13.5.2016) by virtue of Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 3(4), 8