2012 No. 1479

Health Care And Associated ProfessionsSocial Workers

The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

Made

Laid before Parliament

Coming into force in accordance with article 1(2)

The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 303(1) and (2) of the Health and Social Care Act 20121.

Before doing so, in accordance with section 303(4) of that Act, the Secretary of State for Health has consulted the Scottish Ministers.

Citation, commencement, extent and applicationI11

1

This Order may be cited as the Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012.

2

This Order comes into force on 1st August 2012, except for paragraph 90 of the Schedule and article 11 so far as relating to it, which come into force on 1st October 2012.

3

Except as mentioned in paragraph (4), this Order extends to England and Wales, Scotland and Northern Ireland.

4

An amendment made by this Order has the same extent and application as the provision amended.

Annotations:
Commencement Information
I1

Art. 1 in force at 1.8.2012, see art. 1(2)

Amendment of the Health and Social Work Professions Order 2001I22

In article 13 of the Health and Social Work Professions Order 20012 (transitional provisions relating to admission to the register)—

a

in paragraph (1), after “(1A)” insert “or (1B)”, and

b

after paragraph (1A) insert—

1B

This paragraph applies to a person who applies for admission to the register as a social worker on or after 1st August 2012.

Annotations:
Commencement Information
I2

Art. 2 in force at 1.8.2012, see art. 1(2)

Amendment of Health Professions (Parts of and Entries in the Register) Order of Council 2003I33

1

The Health Professions (Parts of and Entries in the Register) Order of Council 20033 is amended as follows.

2

In article 1(2) (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In Schedule 1 (parts of the register), in the table, after the final entries in columns 1 and 2 add—

a

in column 1, “Part 16–Social Workers”, and

b

in column 2, “Social Worker”.

Annotations:
Commencement Information
I3

Art. 3 in force at 1.8.2012, see art. 1(2)

Amendment of Health Professions Council (Registration and Fees) Rules Order of Council 2003I44

1

The Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 20034 (the Health Professions Council (Registration and Fees) Rules 2003) is amended as follows.

2

In rule 2 (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In rule 2A (application to visiting health professionals from relevant European States), including the heading to that rule, for “visiting health professionals” substitute “visiting health or social work professionals”.

4

In rule 10 (registration period)—

a

after paragraph (2B) insert—

2C

The first registration period of a social worker who, on 1st August 2012, is transferred to the register by virtue of article 4(1) of the General Social Care Council (Transfer of Register and Abolition–Transitional and Saving Provision) Order of Council 20125 (transfer of register of social workers maintained by General Social Care Council) ends on 30th November 2012.

b

In paragraph (3), for “(2A) or (2B)” substitute “(2A), (2B) or (2C)”.

5

In rule 11A (continuing professional development), in paragraph (2), for “health professional” substitute “registrant”.

6

In rule 14 (registration fee)—

a

in paragraph (1), for “(2) to (4)” substitute “(2) to (5)”;

b

after paragraph (4) add—

5

A social worker whose first registration period is provided for in rule 10(2C) is not liable to pay a registration fee in respect of that registration period.

7

In Schedule 5 (registration period), after the entry in column 1 relating to “Radiographers: Diagnostic or Therapeutic” and the corresponding entry in column 2, insert—

a

in column 1, “Social Workers”, and

b

in column 2, “30th November in an even-numbered year”.

Annotations:
Commencement Information
I4

Art. 4 in force at 1.8.2012, see art. 1(2)

Amendment of the Health Professions (Screeners) Rules Order of Council 2003I55

1

The Schedule to the Health Professions (Screeners) Rules Order of Council6 (the Health Professions Council (Screeners) Rules 2003) is amended as follows.

2

In rule 2 (interpretation)—

a

omit the definition of “health professional”,

b

in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and omit “and” at the end, and

c

after that definition insert—

  • “registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended; and

3

In rule 4 (panels), in paragraph (3), for “health professional” substitute “registrant”.

4

In rule 5 (consideration of allegations), in each of sub-paragraphs (a) and (b) of paragraph (5), for “health professional” substitute “registrant”.

Annotations:
Commencement Information
I5

Art. 5 in force at 1.8.2012, see art. 1(2)

Amendment of the Health Professions Council (Investigating Committee) Procedure Rules Order of Council 2003I66

1

The Schedule to the Health Professions Council (Investigating Committee) Procedure Rules Order of Council 20037 (the Health Professions Council (Investigating Committee) (Procedure) Rules 2003) is amended as follows.

2

In rule 2 (interpretation)—

a

omit the definition of “health professional”,

b

in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

c

in both paragraphs of the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and

d

after the definition of “register entry allegation” insert—

  • “registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended;

3

In each of the following rules, in each place where it occurs (including the heading to rule 9), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants”—

a

rule 3 (service of documents),

b

rule 4 (investigation of allegations),

c

rule 5 (notice of register entry allegation),

d

rule 6 (register entry allegations–procedure),

e

rule 8 (conduct of hearing),

f

rule 8A (vulnerable witnesses), and

g

rule 9 (absence of the health professional).

Annotations:
Commencement Information
I6

Art. 6 in force at 1.8.2012, see art. 1(2)

Amendment of the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003I77

1

The Schedule to the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 20038 (the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003) is amended as follows.

2

In rule 2 (interpretation)—

a

omit the definition of “health professional”,

b

in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

c

in the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and

d

after the definition of “Presenting Officer” insert—

  • “registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended.

3

In each of the following rules, in each place where it occurs (including the heading to rule 11), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants”—

a

rule 3 (service of documents),

b

rule 4 (referral to Health Committee),

c

rule 5 (allegations),

d

rule 6 (hearings),

e

rule 8 (further investigations),

f

rule 9 (compliance with standards),

g

rule 10 (conduct of hearing),

h

rule 10A (vulnerable witnesses),

i

rule 11 (absence of the health professional),

j

rule 12 (disposal of cases).

Annotations:
Commencement Information
I7

Art. 7 in force at 1.8.2012, see art. 1(2)

Amendment of the Health Professions Council (Health Committee) (Procedure) Rules Order of Council 2003I88

1

The Schedule to the Health Professions Council (Health Committee) (Procedure) Rules Order of Council 20039 (the Health Professions Council (Health Committee) (Procedure) Rules 2003) is amended as follows.

2

In rule 2 (interpretation)—

a

omit the definition of “health professional”,

b

in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

c

in the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and

d

after the definition of “Presenting Officer” insert—

  • “registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended.

3

In each of the following rules, in each place where it occurs (including the heading to rule 11), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants”—

a

rule 3 (service of documents),

b

rule 4 (referral to Conduct and Competence Committee),

c

rule 5 (allegations),

d

rule 6 (hearings),

e

rule 8 (further investigations),

f

rule 9 (compliance with standards),

g

rule 10 (conduct of hearing),

h

rule 10A (vulnerable witnesses),

i

rule 11 (absence of the health professional),

j

rule 12 (disposal of cases).

Annotations:
Commencement Information
I8

Art. 8 in force at 1.8.2012, see art. 1(2)

Amendment of the Health Professions Council (Registration Appeals) Rules Order of Council 2003I99

1

The Schedule to the Health Professions Council (Registration Appeals) Rules Order of Council 200310 (the Health Professions Council (Registration Appeals) Rules 2003) is amended as follows.

2

In rule 2 (interpretation), in the definition of “Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In rule 14 (conduct of hearing), in paragraph (1), for “health professional” substitute “appellant”.

Annotations:
Commencement Information
I9

Art. 9 in force at 1.8.2012, see art. 1(2)

Amendment of the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009I1010

In the Schedule to the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 200911 (the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules 2009), in rule 2 (interpretation)—

a

in paragraph (a) of the definition of “lay member”, omit “or” at the end of sub-paragraph (ii), and for “and” at the end of sub-paragraph (iii) substitute—

or

iv

registered as a social worker, or as a visiting social worker from a relevant European state, in a register maintained under section 56 of the Care Standards Act 2000 or in any equivalent register provided for under the law of Scotland or Northern Ireland; and,

b

in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I10

Art. 10 in force at 1.8.2012, see art. 1(2)

Other consequential provisionI1111

The Schedule to this Order, which contains further amendments and other provision consequential on Part 7 of the Health and Social Care Act 2012, has effect.

Annotations:
Commencement Information
I11

Art. 11 in force at 1.10.2012 for specified purposes, see art. 1(2)

Signed by authority of the Secretary of State for Health.

Anne MiltonParliamentary Under-Secretary of StateDepartment of Health

SCHEDULEConsequential amendments and other provision

Article 11

Part 1Amendments consequential on re-naming of Health Professions Order 2001

National Assistance (Professions Supplementary to Medicine) Regulations 1964I121

In regulation 2 of the National Assistance (Professions Supplementary to Medicine) Regulations 196412 (interpretation), in paragraph (2) (in both forms13), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I12

Sch. para. 1 in force at 1.8.2012, see art. 1(2)

National Health Service (Professions Supplementary to Medicine) Regulations 1974I132

In regulation 2 of the National Health Service (Professions Supplementary to Medicine) Regulations 197414 (interpretation), in paragraph (2) (in both forms15), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I13

Sch. para. 2 in force at 1.8.2012, see art. 1(2)

National Health Service (Speech Therapists) Regulations 1974I143

In regulation 3 of the National Health Service (Speech Therapists) Regulations 197416 (employment of officers), in paragraph (5), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I14

Sch. para. 3 in force at 1.8.2012, see art. 1(2)

National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974I154

In regulation 2 of the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 197417 (interpretation), in paragraph (2), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I15

Sch. para. 4 in force at 1.8.2012, see art. 1(2)

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975I165

In Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 197518 (excepted professions, offices, employments, work and occupations), in Part 1 (professions), in paragraph 10, for “Health Professions Order 2001 applies” substitute “Health and Social Work Professions Order 2001 applies, other than the profession of social worker,”.

Annotations:
Commencement Information
I16

Sch. para. 5 in force at 1.8.2012, see art. 1(2)

Medicines (Labelling and Advertising to the Public) Regulations 1978I176

In regulation 5 of the Medicines (Labelling and Advertising to the Public) Regulations 197819 (prohibition of representations), in paragraph (2)(b), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I17

Sch. para. 6 in force at 1.8.2012, see art. 1(2)

Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980I187

In regulation 1(2) of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 198020 (interpretation), in sub-paragraph (a)—

a

in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I18

Sch. para. 7 in force at 1.8.2012, see art. 1(2)

Medicines (Pharmacy and General Sale–Exemption) Order 1980I198

In article 1(2) of the Medicines (Pharmacy and General Sale–Exemption) Order 198021 (interpretation), in sub-paragraph (a), in each of the following, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”—

a

the definitions of each of “registered chiropodist”, “registered dietician”, “registered occupational therapist”, “registered orthoptist”, “registered orthotist and prosthetist”, “registered paramedic”, “registered physiotherapist”, “registered radiographer” and “registered speech and language therapist”,

b

paragraph (c) of the definition of “relevant register”, and

c

paragraph (d) of the definition of “supplementary prescriber”.

Annotations:
Commencement Information
I19

Sch. para. 8 in force at 1.8.2012, see art. 1(2)

Health Education Board for Scotland Order 1990I209

In the Schedule to the Health Education Board for Scotland Order 199022 (enactments applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I20

Sch. para. 9 in force at 1.8.2012, see art. 1(2)

National Health Service (Pharmaceutical Services) Regulations 1992I2110

In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 199223 (interpretation)—

a

in paragraph (c) of the definition of “relevant register”24, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (a) of the definition of “supplementary prescriber”25, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I21

Sch. para. 10 in force at 1.8.2012, see art. 1(2)

Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994I2211

In regulation 1(2) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 199426 (interpretation)—

a

in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

b

in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I22

Sch. para. 11 in force at 1.8.2012, see art. 1(2)

State Hospitals Board for Scotland Order 1995I2312

In the Schedule to the State Hospitals Board for Scotland Order 199527 (enactments applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I23

Sch. para. 12 in force at 1.8.2012, see art. 1(2)

Prescription Only Medicines (Human Use) Order 1997I2413

1

The Prescription Only Medicines (Human Use) Order 199728 is amended as follows.

2

In article 1(2) (interpretation), in sub-paragraph (a), in each of the following, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”—

a

the definitions of each of “registered chiropodist”, “registered dietician”, “registered occupational therapist”, “registered orthoptist”, “registered orthotist and prosthetist”, “registered paramedic”, “registered physiotherapist”, “registered radiographer” and “registered speech and language therapist”,

b

paragraph (c) of the definition of “relevant register”, and

c

paragraph (d) of the definition of “supplementary prescriber”.

3

In article 13A (exemptions relating to prescriptions given by certain health professionals), in paragraph (1)(d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I24

Sch. para. 13 in force at 1.8.2012, see art. 1(2)

Pharmaceutical Services Regulations (Northern Ireland) 1997I2514

In regulation 2(1) of the Pharmaceutical Services Regulations (Northern Ireland) 199729, in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I25

Sch. para. 14 in force at 1.8.2012, see art. 1(2)

Scottish Ambulance Service Board Order 1999I2615

In the Schedule to the Scottish Ambulance Service Board Order 199930 (enactments applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I26

Sch. para. 15 in force at 1.8.2012, see art. 1(2)

Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999I2716

In regulation 1(2) of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 199931 (interpretation), in the definition of “health care professional”, in paragraph (e), for “Health Professions Order 2001 extends” substitute “Health and Social Work Professions Order 2001 extends (other than that of social worker)”.

Annotations:
Commencement Information
I27

Sch. para. 16 in force at 1.8.2012, see art. 1(2)

Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000I2817

In regulation 5 of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200032 (disqualification for appointment: chairman and non-officer members), in paragraph (5)(e), for “Health Professions Order 2001 extends” substitute “Health and Social Work Professions Order 2001 extends (other than that of social worker)”.

Annotations:
Commencement Information
I28

Sch. para. 17 in force at 1.8.2012, see art. 1(2)

National Health Service (Charges for Drugs and Appliances) Regulations 2000I2918

In regulation 2(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 200033 (interpretation), in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I29

Sch. para. 18 in force at 1.8.2012, see art. 1(2)

Representation of the People (England and Wales) Regulations 2001I3019

In regulation 53 of the Representation of the People (England and Wales) Regulations 200134 (additional requirements for application for a proxy vote for a definite or indefinite period on grounds of blindness or other disability)—

a

in paragraph (2)(j), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (3)(a), after sub-paragraph (ii) add—

iii

the person is a social worker who qualifies by virtue of sub-paragraph (j) of paragraph (2), and has arranged care or assistance for the applicant in respect of that disability; or

Annotations:
Commencement Information
I30

Sch. para. 19 in force at 1.8.2012, see art. 1(2)

Representation of the People (Scotland) Regulations 2001I3120

In regulation 53 of the Representation of the People (Scotland) Regulations 200135 (additional requirements for application for a proxy vote for a particular or indefinite period on grounds of blindness or other disability), in paragraph (2)(j)—

a

for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

at the end add “, other than the profession of social worker;”.

Annotations:
Commencement Information
I31

Sch. para. 20 in force at 1.8.2012, see art. 1(2)

Misuse of Drugs Regulations 2001I3221

In regulation 2(1) of the Misuse of Drugs Regulations 200136 (interpretation), in the definition of “operating department practitioner”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I32

Sch. para. 21 in force at 1.8.2012, see art. 1(2)

NHS 24 (Scotland) Order 2001I3322

In the Schedule to the NHS 24 (Scotland) Order 200137 (enactments to be applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I33

Sch. para. 22 in force at 1.8.2012, see art. 1(2)

Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001I3423

In regulation 4 of the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 200138 (disqualification for appointment as convenor or member of Scottish Social Services Council), in paragraph (5)(f), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I34

Sch. para. 23 in force at 1.8.2012, see art. 1(2)

Scottish Social Services Council (Consultation on Codes of Practice) Order 2001I3524

In article 2 of the Scottish Social Services Council (Consultation on Codes of Practice) Order 200139 (consultation on codes of practice), in paragraph (i), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I35

Sch. para. 24 in force at 1.8.2012, see art. 1(2)

NHS Education for Scotland Order 2002I3625

In the Schedule to the NHS Education for Scotland Order 200240 (enactments to be applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I36

Sch. para. 25 in force at 1.8.2012, see art. 1(2)

Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002I3726

In regulation 3 of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 200241 (membership of the Committee), in paragraph (3)(h), for “Health Professions Order 2001 applies” substitute “Health and Social Work Professions Order 2001 applies (other than that of social worker)”.

Annotations:
Commencement Information
I37

Sch. para. 26 in force at 1.8.2012, see art. 1(2)

National Waiting Times Centre Board (Scotland) Order 2002I3827

In the Schedule to the National Waiting Times Centre Board (Scotland) Order 200242 (enactments to be applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I38

Sch. para. 27 in force at 1.8.2012, see art. 1(2)

Misuse of Drugs Regulations (Northern Ireland) 2002I3928

In regulation 2(2) of the Misuse of Drugs Regulations (Northern Ireland) 200243 (interpretation), in the definition of “operating department practitioner”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I39

Sch. para. 28 in force at 1.8.2012, see art. 1(2)

Health Professions Council (Functions of Assessors) Rules Order of Council 2003I4029

In the Schedule to the Health Professions Council (Functions of Assessors) Rules Order of Council 200344 (the Health Professions Council (Functions of Assessors) Rules 2003), in the definition of “the Order” in rule 2 (interpretation), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I40

Sch. para. 29 in force at 1.8.2012, see art. 1(2)

Health Professions Order 2001 (Legal Assessors) Order of Council 2003I4130

1

The Health Professions Order 2001 (Legal Assessors) Order of Council 200345 is amended as follows.

2

In article 1(1) (citation), for “Health Professions Order 2001 (Legal Assessors) Order 2003” substitute “Health and Social Work Professions Order 2001 (Legal Assessors) Order 2003”.

3

In article 1(2) (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

4

In the title to the Order, for “Health Professions Order 2001 (Legal Assessors) Order of Council 2003” substitute “Health and Social Work Professions Order 2001 (Legal Assessors) Order of Council 2003”.

Annotations:
Commencement Information
I41

Sch. para. 30 in force at 1.8.2012, see art. 1(2)

Medicines (Child Safety) Regulations 2003I4231

In regulation 1(2) of the Medicines (Child Safety) Regulations 200346 (interpretation)—

a

in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I42

Sch. para. 31 in force at 1.8.2012, see art. 1(2)

Registered Health Care Profession (Designation) Order 2003I4332

In article 2 of the Registered Health Care Profession (Designation) Order 200347 (designation of paramedics), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I43

Sch. para. 32 in force at 1.8.2012, see art. 1(2)

Registered Health Care Profession (Designation No. 2) Order 2003I4433

In article 2 of the Registered Health Care Profession (Designation No. 2) Order 200348 (designation of paramedics), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I44

Sch. para. 33 in force at 1.8.2012, see art. 1(2)

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003I4534

In Schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 200349 (excepted professions, offices, employments and occupations), in Part 1 (professions), in paragraph 10, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I45

Sch. para. 34 in force at 1.8.2012, see art. 1(2)

National Health Service (General Medical Services Contracts) Regulations 2004I4635

1

The National Health Service (General Medical Services Contracts) Regulations 200450 are amended as follows.

2

In regulation 2(1) (interpretation), in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In Schedule 6 (other contractual terms), in paragraph 80 (provision of information to a medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I46

Sch. para. 35 in force at 1.8.2012, see art. 1(2)

European Parliamentary Elections Regulations 2004I4736

In Schedule 2 to the European Parliamentary Elections Regulations 200451 (absent voting), in paragraph 23 (additional requirements for applications for a proxy vote on grounds of blindness or other disability)—

a

in sub-paragraph (2)(j), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,

b

in sub-paragraph (2)(n)(i), omit “England and”, and

c

in sub-paragraph (3)(a), after paragraph (ii) add—

iii

the person is a social worker who qualifies by virtue of sub-paragraph (2)(j), and has arranged care or assistance for the applicant in respect of that disability; or

Annotations:
Commencement Information
I47

Sch. para. 36 in force at 1.8.2012, see art. 1(2)

National Health Service (General Medical Services Contracts) (Wales) Regulations 2004I4837

1

The National Health Service (General Medical Services Contracts) (Wales) Regulations 200452 are amended as follows.

2

In regulation 2(1) (interpretation)—

a

in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In Schedule 6 (other contractual terms), in paragraph 78 (provision of information to a medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I48

Sch. para. 37 in force at 1.8.2012, see art. 1(2)

National Health Service (Personal Medical Services Agreements) Regulations 2004I4938

1

The National Health Service (Personal Medical Services Agreements) Regulations 200453 are amended as follows.

2

In regulation 2(1) (interpretation), in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In Schedule 5 (other contractual terms), in paragraph 76 (provision of information to a medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I49

Sch. para. 38 in force at 1.8.2012, see art. 1(2)

Medicines for Human Use (Clinical Trials) Regulations 2004I5039

In regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 200454 (interpretation), in paragraph (f) of the definition of “health care professional”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001, other than a social worker registered in Part 16”.

Annotations:
Commencement Information
I50

Sch. para. 39 in force at 1.8.2012, see art. 1(2)

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004I5140

1

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 200455 are amended as follows.

2

In regulation 2(1) (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In Schedule 5 (other contractual terms), in paragraph 72 (provision of information to a medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I51

Sch. para. 40 in force at 1.8.2012, see art. 1(2)

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004I5241

1

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 200456 are amended as follows.

2

In regulation 2(1) (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

In Schedule 1 (content of agreements), in paragraph 38 (provision of information to medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I52

Sch. para. 41 in force at 1.8.2012, see art. 1(2)

Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004I5342

In article 5 of the Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 200457 (disqualification for appointment), in paragraph (10)(d), for “Health Professions Order 2001 extends” substitute “Health and Social Work Professions Order 2001 extends (other than the profession of social worker)”.

Annotations:
Commencement Information
I53

Sch. para. 42 in force at 1.8.2012, see art. 1(2)

Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004I5443

In regulation 2 of the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 200458 (interpretation), in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I54

Sch. para. 43 in force at 1.8.2012, see art. 1(2)

National Health Service (Pharmaceutical Services) Regulations 2005I5544

In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 200559 (interpretation), in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I55

Sch. para. 44 in force at 1.8.2012, see art. 1(2)

Medicines for Human Use (Prescribing) Order 2005I5645

In article 1(4) of the Medicines for Human Use (Prescribing) Order 200560 (interpretation)—

a

in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I56

Sch. para. 45 in force at 1.8.2012, see art. 1(2)

Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005I5746

In article 5 of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 200561 (disclosure for medical purposes), in paragraph (3)(e), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I57

Sch. para. 46 in force at 1.8.2012, see art. 1(2)

Gender Recognition (Disclosure of Information) (Scotland) Order 2005I5847

In article 5 of the Gender Recognition (Disclosure of Information) (Scotland) Order 200562 (disclosure for medical purposes), in paragraph (2)(b)(v), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I58

Sch. para. 47 in force at 1.8.2012, see art. 1(2)

Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005I5948

In Schedule 1 to the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 200563 (exemptions and exceptions from the certain registration requirements), in paragraph 1 (interpretation)—

a

in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I59

Sch. para. 48 in force at 1.8.2012, see art. 1(2)

National Health Service (Local Pharmaceutical Services etc.) Regulations 2006I6049

In regulation 2(1) of the National Health Service (Local Pharmaceutical Services etc.) Regulations 200664 (interpretation), in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I60

Sch. para. 49 in force at 1.8.2012, see art. 1(2)

National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007I6150

1

The English language text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 200765 is amended as follows.

2

In regulation 2(1) (interpretation) —

a

in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

3

The Welsh language text of those regulations (Rheoliadau’r Gwasanaeth Iechyd Gwladol (Presgripsiynau am Ddim a Ffioedd am Gyffuriau a Chyfarpar) (Cymru) 2007) is amended as follows.

4

In regulation 2(1) (dehongli)—

a

in paragraph (c) of the definition of “cofrestr berthnasol”, for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”, and

b

in paragraph (a) of the definition of “rhagnodydd atodol”, in sub-paragraph (iv), for “Orchymyn Proffesiynau Iechyd Cymru 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.

Annotations:
Commencement Information
I61

Sch. para. 50 in force at 1.8.2012, see art. 1(2)

National Assembly for Wales (Representation of the People) Order 2007I6251

In Schedule 1 to the National Assembly for Wales (Representation of the People) Order 200766 (absent voting at Assembly elections), in paragraph 4 (additional requirements for applications on grounds of blindness or other disability)—

a

in sub-paragraph (2)(j), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

in sub-paragraph (3)(a), after paragraph (ii) insert—

iii

the person is a social worker who qualifies by virtue of sub-paragraph (2)(j), and has arranged care or assistance for the applicant in respect of that disability; or

Annotations:
Commencement Information
I62

Sch. para. 51 in force at 1.8.2012, see art. 1(2)

Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007I6352

In regulation 8 of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 200767 (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability), in paragraph (2)(j)—

a

for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

at the end add “, other than the profession of social worker;”.

Annotations:
Commencement Information
I63

Sch. para. 52 in force at 1.8.2012, see art. 1(2)

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007I6453

In article 43 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 200768 (registers: duty to refer), in paragraph (7), in entry no.10 of the Table, for “Health Professions Order 2001” in column 1 substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I64

Sch. para. 53 in force at 1.8.2012, see art. 1(2)

Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008I6554

In Schedule 1 to the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 200869 (professional requirements), in paragraph (c), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I65

Sch. para. 54 in force at 1.8.2012, see art. 1(2)

Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008I6655

In regulation 5 of the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 200870 (eligibility to carry out a best interests assessment), in paragraph (2)(d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I66

Sch. para. 55 in force at 1.8.2012, see art. 1(2)

Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008I6756

In regulation 2 of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 200871 (conditions of appointment for chair and non-executive members of the Council), in paragraph (2)(j), for paragraph (iii) substitute—

iii

Health and Social Work Professions Order 2001,

Annotations:
Commencement Information
I67

Sch. para. 56 in force at 1.8.2012, see art. 1(2)

Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008I6857

1

In Schedule 1 to the English language text of the Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 200872 (professional requirements), in paragraph 1(c) for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

2

In Schedule 1 to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Cymeradwyo Personau i fod yn Weithwyr Proffesiynol Iechyd Meddwl Cymeradwy) (Cymru) 2008) (gofynion proffesiynol) in paragraph 1(c), for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.

Annotations:
Commencement Information
I68

Sch. para. 57 in force at 1.8.2012, see art. 1(2)

Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008I6958

In article 3 of the Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 200873 (restriction on the authorisation of council officers to perform investigative functions under the 2007 Act), in paragraph (2)(a)(iii), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I69

Sch. para. 58 in force at 1.8.2012, see art. 1(2)

Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009I7059

1

In regulation 5 of the English language text of the Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 200974 (eligibility to carry out best interests assessments), in paragraph (1)(d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

2

In regulation 5 of the Welsh language text of those regulations (Rheoliadau Galluedd Meddyliol (Amddifadu o Ryddid: Asesiadau, Awdurdodiadau Safonol ac Anghydfodau ynghylch Preswyliaeth) (Cymru) 2009), in paragraph (1)(ch), for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.

Annotations:
Commencement Information
I70

Sch. para. 59 in force at 1.8.2012, see art. 1(2)

Health Professions Council (Constitution) Order 2009I7160

In article 1(2) of the Health Professions Council (Constitution) Order 200975 (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I71

Sch. para. 60 in force at 1.8.2012, see art. 1(2)

Medicines (Exemptions and Miscellaneous Amendments) Order 2009I7261

In article 1(2) of the Medicines (Exemptions and Miscellaneous Amendments) Order 200976 (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I72

Sch. para. 61 in force at 1.8.2012, see art. 1(2)

National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009I7362

In regulation 2(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 200977 (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I73

Sch. para. 62 in force at 1.8.2012, see art. 1(2)

Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009I7463

In regulation 2 of the Local Commissioning Groups (Membership) Regulations (Northern Ireland) 200978 (membership of local commissioning groups), in paragraph (2)(i), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I74

Sch. para. 63 in force at 1.8.2012, see art. 1(2)

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010I7564

In regulation 2 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 201079 (interpretation), in the definition of “the 2001 Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

Annotations:
Commencement Information
I75

Sch. para. 64 in force at 1.8.2012, see art. 1(2)

Scottish Parliament (Elections etc.) Order 2010I7665

In Schedule 3 to the Scottish Parliament (Elections etc.) Order 201080 (absent voting), in paragraph 5 (additional requirements for applications on grounds of disability), in sub-paragraph (2)(i)—

a

for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

at the end add “, other than the profession of social worker;”.

Annotations:
Commencement Information
I76

Sch. para. 65 in force at 1.8.2012, see art. 1(2)

Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011I7766

1

In Schedule 1 to the English language text of the Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 201181 (professional requirements), in each of paragraphs (c), (d), (f), (g) and (h), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

2

In Schedule 1 to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Cydgysylltu Gofal a Chynllunio Gofal a Thriniaeth) (Cymru) 2011) (gofynion proffesiynol), in each of paragraphs (c), (ch), (dd), (e) and (f), for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.

Annotations:
Commencement Information
I77

Sch. para. 66 in force at 1.8.2012, see art. 1(2)

Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011I7867

In regulation 1(2) of the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 201182 (interpretation), in paragraph (f) of the definition of “health care professional”—

a

for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

at the end add “, other than the profession of social worker;”.

Annotations:
Commencement Information
I78

Sch. para. 67 in force at 1.8.2012, see art. 1(2)

Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011I7968

In regulation 4 of the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 201183 (welfare of users), in paragraph (4)(f)—

a

for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and

b

at the end add “, other than the profession of social worker;”.

Annotations:
Commencement Information
I79

Sch. para. 68 in force at 1.8.2012, see art. 1(2)

Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012I8069

1

In the Schedule to the English language text of the Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 201284 (professional requirements), in paragraph 1(c) and (d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.

2

In the Schedule to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Atgyfeiriadau Gofal Sylfaenol a Chymhwystra i Gynnal Asesiadau Iechyd Meddwl Sylfaenol) (Cymru) 2012) (gofynion proffesiynol) in paragraph 1(c) and 1(ch), for “Gorchymyn Proffesiynau Iechyd 2001” substitute “Gorchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.

Annotations:
Commencement Information
I80

Sch. para. 69 in force at 1.8.2012, see art. 1(2)

Part 2Amendments and other provision consequential on abolition of the General Social Care Council and the transfer of its register of social workers

Jobseeker’s Allowance Regulations 1996I8170

In regulation 14A of the Jobseeker’s Allowance Regulations 199685 (circumstances in which a person is to be treated as available–domestic violence), in paragraph (10), in the definition of “registered social worker”, for paragraph (a) substitute—

a

the Health and Care Professions Council,

Annotations:
Commencement Information
I81

Sch. para. 70 in force at 1.8.2012, see art. 1(2)

Public Interest Disclosure (Prescribed Persons) Order 1999I8271

In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 199986 (persons to whom protected disclosures may be made), omit the entry for the General Social Care Council.

Annotations:
Commencement Information
I82

Sch. para. 71 in force at 1.8.2012, see art. 1(2)

Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001I8372

In regulation 4 of the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 200187 (disqualification for appointment), in paragraph (1)—

a

in sub-paragraph (e), for “General Social Care Council,” substitute “Health and Care Professions Council,”;

b

in sub-paragraph (f), after “of the Act,” insert “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001,”.

Annotations:
Commencement Information
I83

Sch. para. 72 in force at 1.8.2012, see art. 1(2)

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004I8473

In Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 200488 (Employment Tribunals rules of procedure), in the Annex89 (list of regulators), omit the entry for the General Social Care Council.

Annotations:
Commencement Information
I84

Sch. para. 73 in force at 1.8.2012, see art. 1(2)

Adoption Agencies Regulations 2005I8574

1

The Adoption Agencies Regulations 200590 are amended as follows.

2

In regulation 2 (interpretation), in the definition of “social worker”, for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained by”.

3

In regulation 37 (independent reviewing officers), in paragraph (2), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.

Annotations:
Commencement Information
I85

Sch. para. 74 in force at 1.8.2012, see art. 1(2)

Adoption Agencies (Wales) Regulations 2005I8675

1

In regulation 2 of the English language text of the Adoption Agencies (Wales) Regulations 200591 (interpretation), in the definition of “social worker”, for “a register maintained by the Care Council for Wales or the General Social Care Council under section 56 of the Care Standards Act 2000” substitute “the register maintained by the Care Council for Wales under section 56 of the Care Standards Act 2000, in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001,”.

2

In regulation 2 of the Welsh language text of those regulations (Rheoliadau Asiantaethau Mabwysiadu (Cymru) 2005) (dehongli), in the definition of “gweithiwr cymdeithasol”, for “mewn cofrestr a gynhelir gan Gyngor Gofal Cymru neu’r Cyngor Gofal Cymdeithasol Cyffredinol o dan adran 56 o Ddeddf Safonau Gofal 2000” substitute “yn y gofrestr a gynhelir gan Gyngor Gofal Cymdeithasol Cymru o dan adran 56 o Ddeddf Safonau Gofal 2000, yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001,”.

Annotations:
Commencement Information
I86

Sch. para. 75 in force at 1.8.2012, see art. 1(2)

Regulation of Care (Social Service Workers) (Scotland) Order 2005I8776

In article 3 of the Regulation of Care (Social Service Workers) (Scotland) Order 200592 (persons excluded from description of social service worker), in paragraph (1), omit sub-paragraph (a).

Annotations:
Commencement Information
I87

Sch. para. 76 in force at 1.8.2012, see art. 1(2)

Regulation of Care (Prescribed Registers) (Scotland) Order 2005I8877

In article 2 of the Regulation of Care (Prescribed Registers) (Scotland) Order 200593 (prescribed registers), for paragraph (a) substitute—

a

Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001;

Annotations:
Commencement Information
I88

Sch. para. 77 in force at 1.8.2012, see art. 1(2)

Registration of Social Care Workers (Relevant Registers) Regulations (Northern Ireland) 2005I8978

In regulation 2 of the Registration of Social Care Workers (Relevant Registers) Regulations (Northern Ireland) 200594 (prescription of relevant registers), for paragraph (a) substitute—

a

Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001;

Annotations:
Commencement Information
I89

Sch. para. 78 in force at 1.8.2012, see art. 1(2)

Permitted Persons (Designation) Order 2006I9079

In article 2 of the Permitted Persons (Designation) Order 200695 (which designates persons who may make disclosures to the Judicial Appointments Commission), in entry no. 12, for “the General Social Care Council;” substitute “the Health and Care Professions Council (but in relation to social workers only);”.

Annotations:
Commencement Information
I90

Sch. para. 79 in force at 1.8.2012, see art. 1(2)

Review of Children’s Cases (Wales) Regulations 2007I9180

1

In regulation 3 of the English language text of the Review of Children’s Cases (Wales) Regulations 200796 (independent reviewing officers), in paragraph (3)—

a

omit “or by the General Social Care Council,” and

b

after “2000” insert “, in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001,”.

2

Regulation 3 of the Welsh language text of those regulations (Rheoliadau Adolygu Achosion Plant (Cymru) 2007) (swyddogion adolygu annibynnol), in paragraph (3)—

a

omit “neu gan y Cyngor Gofal Cymdeithasol Cyffredinol,” and

b

after “2000” insert “, yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001,”.

Annotations:
Commencement Information
I91

Sch. para. 80 in force at 1.8.2012, see art. 1(2)

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007I9281

In regulation 8 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 200797 (persons who may provide an LPA certificate), in paragraph (4), in the definition of “registered social worker”, for paragraph (a) substitute—

a

the Health and Care Professions Council;

Annotations:
Commencement Information
I92

Sch. para. 81 in force at 1.8.2012, see art. 1(2)

European Communities (Recognition of Professional Qualifications) Regulations 2007I9382

In the European Communities (Recognition of Professional Qualifications) Regulations 200798, in Schedule 1 (regulated professions), in the entry for “Social Worker in England” in the Table in Part 1, in column 2, for “General Social Care Council” substitute “Health and Care Professions Council”.

Annotations:
Commencement Information
I93

Sch. para. 82 in force at 1.8.2012, see art. 1(2)

Legislative and Regulatory Reform (Regulatory Functions) Order 2007I9483

In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 200799 (which lists regulatory functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply), in Part 1A, omit “The General Social Care Council”.

Annotations:
Commencement Information
I94

Sch. para. 83 in force at 1.8.2012, see art. 1(2)

Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008I9584

1

The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008100 are amended as follows.

2

In regulation 2 (interpretation), omit the definition of “General Social Care Council”.

3

In regulation 3 (granting approval as AMHP), in paragraph (3), for “the General Social Care Council or” substitute “the Health and Care Professions Council under section 114ZA of the Mental Health Act 1983 or by”101.

4

In Schedule 1 (professional requirements)—

a

omit paragraph (a), and

b

in paragraph (c), after “Part 6” insert “, or a social worker registered in Part 16,”.

5

In relation to a course approved before 1st August 2012, regulations 2 and 3 of these Regulations are to be treated as continuing to have effect as if they had not been amended by sub-paragraphs (2) and (3) of this paragraph.

Annotations:
Commencement Information
I95

Sch. para. 84 in force at 1.8.2012, see art. 1(2)

Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008I9685

1

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008102 are amended as follows.

2

In regulation 2 (interpretation), omit the definition of “General Social Care Council”.

3

In regulation 5 (eligibility to carry out a best interests assessment), in paragraph (2)—

a

omit sub-paragraph (b), and

b

in sub-paragraph (d), after “Part 6” insert “, or a social worker registered in Part 16,”.

Annotations:
Commencement Information
I96

Sch. para. 85 in force at 1.8.2012, see art. 1(2)

Independent Review of Determinations (Adoption and Fostering) Regulations 2009I9786

In regulation 2 of the Independent Review of Determinations (Adoption and Fostering) Regulations 2009103 (interpretation), in the definition of “social worker”, for “in a register maintained by the General Social Care Council or” substitute “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in a register maintained by”.

Annotations:
Commencement Information
I97

Sch. para. 86 in force at 1.8.2012, see art. 1(2)

Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010I9887

1

In regulation 2 of the English language text of the Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010104 (interpretation), in the definition of “social worker”, for “in a register maintained by the General Social Care Council or” substitute “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in a register maintained by”.

2

In regulation 2 of the Welsh language text of those Regulations 2010 (Rheoliadau Adolygu Penderfyniadau’n Annibynnol (Mabwysiadu a Maethu) (Cymru) 2010) (dehongli), in the definition of “gweithiwr cymdeithasol”, for “ar gofrestr a gynhelir gan y Cyngor Gofal Cymdeithasol Cyffredinol neu” substitute “yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001, mewn cofrestr a gynhelir gan”.

Annotations:
Commencement Information
I98

Sch. para. 87 in force at 1.8.2012, see art. 1(2)

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010I9988

1

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010105 are amended as follows.

2

In regulation 21 (requirements relating to workers), in paragraph (d)(ii), for “social care worker registered with the General Social Care Council,” substitute “social worker registered in Part 16 of the register maintained by the Health and Care Professions Council,”.

3

In Schedule 1 (regulated activities), in paragraph 5 (treatment of disease, disorder or injury), in sub-paragraph (4)(g), for “with” to the end substitute “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001.”.

Annotations:
Commencement Information
I99

Sch. para. 88 in force at 1.8.2012, see art. 1(2)

Care Planning, Placement and Case Review (England) Regulations 2010I10089

In regulation 46 of the Care Planning, Placement and Case Review (England) Regulations 2010106 (qualifications and experience of independent reviewing officers), in paragraph (1), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.

Annotations:
Commencement Information
I100

Sch. para. 89 in force at 1.8.2012, see art. 1(2)

Scottish Parliament (Disqualification) Order 2010I10190

In Part 1 of the Schedule to the Scottish Parliament (Disqualification) Order 2010107 (office-holders disqualified from being a member of the Scottish Parliament), omit “Any member of the General Social Care Council.”.

Annotations:
Commencement Information
I101

Sch. para. 90 in force at 1.10.2012 for specified purposes, see art. 1(2)

Fostering Services (England) Regulations 2011I10291

In regulation 23 of the Fostering Services (England) Regulations 2011108 (constitution and membership of fostering panel), in paragraph (10)(b), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.

Annotations:
Commencement Information
I102

Sch. para. 91 in force at 1.8.2012, see art. 1(2)

Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011I10392

In regulation 18 of the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011109 (appointment of independent reviewing officer), in paragraph (2), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.

Annotations:
Commencement Information
I103

Sch. para. 92 in force at 1.8.2012, see art. 1(2)

Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011I10493

1

In Schedule 1 to the English language text of the Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011110 (professional requirements), in paragraph (a), for “the General Social Care Council” substitute “in Part 16 of the register maintained under article 5 of the Health and Social Work Professions Order 2001”.

2

In Schedule 1 to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Cydgysylltu Gofal a Chynllunio Gofal a Thriniaeth) (Cymru) 2011), (gofynion proffesiynol), in paragraph (a), for “y Cyngor Gofal Cymdeithasol Cyffredinol” substitute “yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.

Annotations:
Commencement Information
I104

Sch. para. 93 in force at 1.8.2012, see art. 1(2)

Integrated Family Support Teams (Composition of Teams and Board Functions) (Wales) Regulations 2012I10594

1

In regulation 1(2) of the English language text of the Integrated Family Support Teams (Composition of Teams and Board Functions) (Wales) Regulations 2012111 (interpretation), in the definition of “social worker”, omit “the General Social Care Council,”.

2

In regulation 1(2) of the Welsh language text of those regulations (Rheoliadau Timau Integredig Cymorth i Deuluoedd (Cyfansoddiad Timau a Swyddogaethau Byrddau) (Cymru) 2012) (dehongli), in the definition of “gweithiwr cymdeithasol”, omit “y Cyngor Gofal Cymdeithasol Cyffredinol”.

Annotations:
Commencement Information
I105

Sch. para. 94 in force at 1.8.2012, see art. 1(2)

Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012I10695

1

In the Schedule to the English language text of the Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012112 (professional requirements), in paragraph 1(a), for “the General Social Care Council” substitute “in Part 16 of the register maintained under article 5 of the Health and Social Work Professions Order 2001”.

2

In the Schedule to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Atgyfeiriadau Gofal Sylfaenol a Chymhwystra i Gynnal Asesiadau Iechyd Meddwl Sylfaenol) (Cymru) 2012) (gofynion proffesiynol) in paragraph 1(a), for “y Cyngor Gofal Cymdeithasol Cyffredinol” substitute “yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.

Annotations:
Commencement Information
I106

Sch. para. 95 in force at 1.8.2012, see art. 1(2)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments in subordinate legislation consequential on the abolition on 1st October 2012 of the General Social Care Council (“the GSCC”), and, before that, the transfer of its register on 1st August 2012 to the Health and Care Professions Council (“the HCPC”), as the Health Professions Council will be known from that date. The Act which provides for this is the Health and Social Care Act 2012, under which this Order is made. That Act itself deals with the change of name of the Health Professions Council, by providing that in future any reference to it by that name in any instrument or document is to be read as a reference to the Health and Care Professions Council (paragraph 53(1) of Schedule 15 to the Act). That Act also re-named the main instrument under which the Health Professions Council operates: it is currently called the Health Professions Order 2001 but from 1st August it is to be known as the Health and Social Work Professions Order 2001.

The GSCC is the regulatory body for social workers. Its register of social workers is transferred to the HCPC under a related Order, the General Social Care Council (Transfer of Register and Abolition–Transitional and Saving Provision) Order of Council 2012.

Articles 2 to 10 of this Order amend instruments relating to the HCPC (as it will become known) to reflect the change of name of the Health Professions Order 2001, to make provision for that part of the HCPC’s register (Part 16) which will relate to social workers, to substitute “registrant” for “health professional” in those instruments, and generally to accommodate social workers within the regulatory framework of the HCPC.

Part 1 of the Schedule to this Order makes amendments in subordinate legislation to reflect the change of name of the Health Professions Order 2001.

Part 2 of the Schedule makes amendments in subordinate legislation which are consequential on the transfer of the GSCC’s register to the HCPC and on the abolition of the GSCC. In one case (at paragraph 84 of the Schedule) it is necessary also to preserve the effect of the former wording in relation to courses approved by the GSCC before 1st August 2012.

An impact assessment has not been produced for this instrument as the Order itself has no impact on the private sector or civil society organisations. A full impact assessment has been produced in relation to the provisions of the Health and Social Care Act 2012, and a copy is available at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583.