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The Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) Regulations 2009

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1.—(1) These Regulations may be cited as the Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) Regulations 2009 and shall come into force on 31st March 2009.

(2) In these Regulations, references to employing a person include employing a person for payment, whether under a contract of service, a contract for services or otherwise than under a contract but do not include allowing a person to act as a volunteer; and references to an employee or to a person being employed shall be construed accordingly.

(3) In these Regulations–

“adult day care service” means a support service(1) which consists of any form of care provided to persons who have attained the age of sixteen years on premises other than domestic premises, during the day (whether or not it is provided on a regular basis or commences or ends during the hours of daylight);

“care home service for adults” means a care home service(2) which is provided to persons who have attained the age of sixteen years;

“child” means–

(a)

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

(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 1980(3); and

(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 1995(4);

“manager of an adult day care service” means a person who is employed in managing the provision of an adult day care service and is the manager of that adult day care service;

“manager of a care home service for adults” means a person who is employed in managing the provision of a care home service for adults and is the manager of that care home service for adults;

“manager of a day care of children service” means a person who is employed in managing the provision of a day care of children service(5) and is the manager of that service;

“practitioner in a care home service for adults” means a person (not being a manager of, or supervisor in, a care home service for adults) who is employed in the provision of a care home service for adults and whose normal duties include caring for and supporting adults and responsibility for coordinating the implementation of planned programmes of care;

“practitioner in a day care of children service” means a person (not being a manager of, or support worker in, day care of children) who is employed in the provision of day care of children whose normal duties include being responsible for identifying the care, support and learning needs of children and includes caring for, supervising or being in sole charge of children;

“prescribed descriptions of social service worker” are those descriptions of social service worker prescribed by each sub-paragraph of article 2 of the Regulation of Care (Social Service Workers) (Scotland) Order 2005(6);

“provider” in relation to a care service means the person for the time being providing that service;

“relevant register” means any register prescribed by article 2 of the Regulation of Care (Prescribed Registers) (Scotland) Order(7);

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

(a)

to any child as part of a care home service(8);

(b)

to any child as part of a school care accommodation service(9) other than the provision of residential accommodation where it is–

(i)

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

(ii)

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

(iii)

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

(c)

to any child as part of a secure accommodation service(10);

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

“social worker” has the meaning in section 77 of the Regulation of Care (Scotland) Act 2001;

“social service worker” means any person falling within the description of social service worker prescribed by the Regulation of Care (Social Service Workers) (Scotland) Order 2005(11);

“supervisor in a care home service for adults” means a person (not being a manager of a care home service for adults) who is employed in the provision of a care home service for adults and whose normal duties include supervising staff employed in such provision and monitoring the implementation of planned programmes of care;

“support worker in a care home service for adults” means a person (other than a manager of, or practitioner or supervisor in, a care home service for adults) who is employed in the provision of a care home service for adults and whose normal duties include caring for and supporting adults;

“support worker in a day care of children service” means a person (not being a manager of, or practitioner in, day care of children) who is employed in the provision of day care of children whose normal duties include caring for children; and

“the relevant part of the register maintained by the Scottish Social Services Council” means that part of the register, as defined by section 44 of the Regulation of Care (Scotland) Act 2001, which is most relevant to that person, taking into account their current employment.

(1)

Section 2(2) of the Act defines “support service”. Services have been excepted from this definition by S.S.I 2002/120 as amended by S.S.I. 2003/571 and S.S.I. 2005/96.

(2)

Section 2(3) of the Act defines “care home service”. No services are currently excepted from the definition by Regulations made under section 2(3)(d) of the Act.

(5)

Section 2(20) of the Act defines “day care of children”.

(8)

Section 2(3) of the Act defines “care home service”.

(9)

Section 2(4) of the Act defines “school care accommodation service”. The provision of residential accommodation described in sub-paragraphs (i) to (iii) was excepted from the definition of “school care accommodation service” by S.S.I. 2002/120 but this exception from the definition was revoked with effect from 1st April 2005 by S.S.I. 2005/96.

(10)

Section 2(9) of the Act defines “secure accommodation service”.

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