The Scottish Social Services Council (Appointments, Procedure and Access to the Register) Amendment Regulations 2010

Made7th June 2010

Laid before the Scottish Parliament8th June 2010

Coming into force4th July 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1)(b) of the Regulation of Care (Scotland) Act 20011 and all other powers enabling them to do so.

In accordance with section 56(2) of that Act they have consulted with such persons and groups of persons as they consider appropriate.

Citation and commencement1

These Regulations may be cited as the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Amendment Regulations 2010 and come into force on 4th July 2010.

Amendment of the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 20012

1

The Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 20012, are amended in accordance with the following paragraphs.

2

In regulation 13(2)(a)(iv) after “conditions” insert “or warnings”.

3

In regulation 13(2)(a)(v) omit “and”.

4

For regulation 13(2)(a)(vi) substitute—

vi
where a person’s name has been removed from the register, that fact and the date of the removal; and
vii
where registration has been suspended, the name of the person suspended, the reasons for the suspension, the date the suspension came into effect and the length of the suspension period,
except where the Council is satisfied that the disclosure of the matters mentioned in sub-paragraph (a)(iv)-(vii) could reasonably be expected to expose the person(s) registered, removed or suspended from the register to danger.

5

For regulation 13(2)(b), substitute—

b
where the person seeking access is not a relevant employer;
i
the matters set out in sub-paragraphs (a)(i) and (ii);
ii
the postal town in which the place of employment referred to in sub‑paragraph (a)(iii) is located; and
iii
the matters set out in sub-paragraphs (vi) and (vii),
except where the Council is satisfied that the disclosure of such matters could reasonably be expected to expose the person registered, removed or suspended from the register to danger.

ADAM INGRAMAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh7th June 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001 (S.S.I. 2001/303) (“the principal Regulations”). The principal Regulations permit the disclosure of information relating to a person suspended from the register maintained by the Scottish Social Services Council (the SSSC) but also give the SSSC discretion to withhold information about the address of a person if disclosing such information could be considered to cause danger to that person. These Regulations extend the discretion of the SSSC to withhold information regarding any removals or suspensions from the register if disclosing such information could be considered to cause danger to the person to whom the entry relates.

Regulation 2(2) also provides for any warnings placed on the register by the SSSC to be disclosed to a relevant employer.