2005 No. 318

SOCIAL CARE

The Regulation of Care (Social Service Workers) (Scotland) Order 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers in exercise of the powers conferred by section 44(1)(b) of the Regulation of Care (Scotland) Act 20011 and of all other powers enabling them in that behalf, and after consultation with the Scottish Social Services Council2 and such other persons and groups of persons as they consider appropriate in accordance with section 44(4) of that Act, hereby make the following Order:

Citation, commencement and interpretation1

1

This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Order 2005 and shall come into force on 1st July 2005.

2

In this Order–

  • “the Act” means the Regulation of Care (Scotland) Act 2001;

  • “child” means–

    1. a

      for the purposes of paragraph (a) of the definition of “residential child care service”, a person under the age of sixteen years;

    2. b

      for the purposes of paragraph (b) of the definition of “residential child care service”, a child within the meaning of section 135(1) (interpretation) of the Education (Scotland) Act 19803; and

    3. c

      for the purposes of paragraph (c) of the definition of “residential child care service”, a child within the meaning of section 93(2)(b) (interpretation) of the Children (Scotland) Act 19954;

  • “residential child care service” means a service which consists in the provision of personal care or personal support–

    1. a

      to any child as part of a care home service5;

    2. b

      to any child as part of a school care accommodation service6 other than the provision of residential accommodation where it is–

      1. i

        provided by or under arrangements made by the managers of an independent school and does not provide personal care or support;

      2. ii

        provided by an education authority with respect to a special school within the meaning of the Education (Scotland) Act 1980; or

      3. iii

        a hostel provided by the local authority for the use of children to enable them to attend school; or

    3. c

      to any child as part of a secure accommodation service7; and

  • “residential child care worker” means a person who, not being a social worker8, is employed in the provision of (or in managing the provision of) a residential child care service.

3

In this Order a reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which that reference occurs.

Description of social service worker2

For the purposes of section 44(1)(b) of the Act, the description of social service worker prescribed is, subject to article 3, a person who is–

a

an employee of the Commission who is also an authorised person within the meaning of sections 25 and 27 of the Act;

b

a residential child care worker who is the manager of a residential child care service;

c

a residential child care worker who–

i

does not fall within paragraph (b); and

ii

supervises any other residential child care worker; or

d

a residential child care worker who does not fall within either paragraph (b) or paragraph (c)(ii).

Excluded persons3

1

A person who is registered with or (as the case may be) is a member of one or more of the following bodies is excluded from the description of social service worker in article 2–

a

the General Social Care Council9;

b

the Northern Ireland Social Care Council10;

c

the Care Council for Wales11;

d

the General Medical Council12;

e

the General Teaching Council for England13;

f

the General Teaching Council for Wales14;

g

the General Teaching Council for Northern Ireland15;

h

the General Teaching Council for Scotland16;

i

the Health Professions Council17;

j

the Nursing and Midwifery Council18;

k

the General Dental Council19; or

l

the Royal Pharmaceutical Society of Great Britain20.

2

A person who is listed in the British Psychological Society's21 Register of Chartered Psychologists is excluded from the description of social service worker in article 2.

Revocation4

The Regulation of Care (Social Service Workers) (Scotland) Order 200422 is hereby revoked.

EUAN MACFARLANE ROBSONAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

(This note is not part of the Order)

Section 44(1) of the Regulation of Care (Scotland) Act 2001 (2001 asp 8) (“the 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 a qualified description.

The Regulation of Care (Social Service Workers) (Scotland) Order 2004 (S.S.I. 2004/268) (“the 2004 Order”) prescribes a description of social service worker for the purposes of section 44(1)(b) of the Act. The description covers employees of the Scottish Commission for the Regulation of Care who are authorised persons within the meaning of sections 25 and 27 of the Act with certain exclusions.

This Order revokes the 2004 Order and prescribes a description of social service worker for the purposes of section 44(1)(b) of the Act. It re enacts the reference to employees of the Scottish Commission for the Regulation of Care who are authorised persons within the meaning of sections 25 and 27 of the Act and also prescribes three additional descriptions of social service worker, namely residential child care workers who are managers of residential child care services, residential child care workers who are not managers of residential child care services but do supervise other residential child care workers and residential child care workers who are neither managers of residential child care services nor supervisors of other residential child care workers (article 2).

The Order provides that chartered members of the British Psychological Society and those who are registered with or are a member of any of the other bodies listed in article 3 of the Order are excluded from the prescribed descriptions of social service worker (article 3). The exclusion does not extend to members of the British Psychological Society who are not chartered members of the Society although such persons were excluded by the 2004 Order.

The Order revokes the 2004 Order.