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PART 20SOCIAL WORKERS: REGULATION OF CARE (SCOTLAND) ACT 2001

Insertion of sections 46A and 46B

260.  After section 46 insert—

Visiting social workers from relevant European States

46A.(1) This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom.

(2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary or occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker).

(3) V is entitled to be registered in the visiting European part of the register; and the Council shall give effect to the entitlement.

(4) If V is entitled under subsection (3) to be registered in the visiting European part of the register but is not registered in that part, V shall be treated as being registered in that part.

(5) V’s entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis.

(6) If—

(a)V’s entitlement under subsection (3) ceases by reason of the operation of subsection (5); and

(b)V is registered in the visiting European part of the register,

the Council may remove V from that part.

(7) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by the Council, of rules under section 49.

Qualifications gained outside Scotland

46B.  This section applies where—

(a)in the case of an applicant for registration as a social worker, the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those regulations); or

(b)the applicant has, outwith Scotland, undergone training which—

(i)is recognised by the Council as being to a standard sufficient for the applicant to be registered in the part of the register specified in the application; or

(ii)is not so recognised provided that the applicant has also undergone, in Scotland or elsewhere, such additional training as the Council may by rules require..