The Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No. 2) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify persons who are not fit to be employed in the provision of a care service, in the position of social worker or social service worker. A social worker (regulation 2) or social service worker (regulation 3) is not fit unless registered with the Scottish Social Services Council (SSSC).

There are specific provisions for commencing employment as a social worker for the first time. A newly qualified social worker must make an application for registration with the SSSC on starting employment. Regulation 4 permits persons taking their first employment as a social worker after qualification to have a limited period in which to achieve registration after starting that employment.

There are also specific provisions for social workers who are registered as such in England, Wales or Northern Ireland. Regulation 5 permits social workers a limited period in which to achieve registration with the SSSC after starting employment in Scotland as a social worker.

The Regulation of Care (Scotland) Act 2001 defines a social service worker as a person employed in the provision of a care service. Under that Act registration with the SSSC can only be achieved if a social service worker is already employed as such. Existing residential child care workers, managers of adult day care services and managers of a care home services for adults must have achieved registration by certain dates in 2009 (regulations 7 and 8). Regulation 6 gives new workers of those types a limited period to achieve registration after commencing employment. The registration requirement applies to the other prescribed descriptions of social service worker from the dates specified in regulations 9 to 15.

Regulation 16 provides that contravention of specified provisions of these Regulations without reasonable excuse is an offence. Reasonable excuse includes failure to register is due to the actings of a third party, or if it can be demonstrated that the all due diligence and all reasonable steps were taken to avoid committing the offence.

These Regulations revoke and replace the Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) Regulations 2009 (regulation 17). The substantive difference is to restrict the provisions for new workers achieving registration in regulation 6 to residential child care workers, managers of adult day care services and managers of a care home services for adults rather than social service workers more generally.