SCHEDULES

SCHEDULE 9 Social workers in Scotland
Regulation 10

PART 1 Amendments to legislation

1 Interpretation
In this Schedule, “the 2001 Act” means the Regulation of Care (Scotland) Act 2001 .
Sch. 9 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
2001 asp 8.

2 Regulation of Care (Scotland) Act 2001
The 2001 Act is amended as follows.
Sch. 9 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
3 In section 44 (register of social workers and of other social service workers) —
(a) in subsection (1), omit paragraph (aa);
(b) in subsection (2), omit paragraph (b);
(c) omit subsection (2A).
Sch. 9 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Subsection (1)(aa) was inserted, and subsections (2) and (2A) were substituted, by S.I. 2007/3101.
4 In section 45 (applications for registration under Part 3) —
(a) in subsection (1), omit “, other than for registration in the visiting European part of the register,”;
(b) omit subsection (1A).
Sch. 9 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Subsection (1) was amended, and subsection (1A) was inserted, by S.I. 2007/3101.
5 Omit section 46A (visiting social workers from relevant European States) .
Sch. 9 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Section 46A was inserted by S.I. 2007/3101 and amended by S.I. 2016/1030.
6 In section 46B (qualifications gained outside Scotland) , omit paragraph (a).
Sch. 9 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Section 46B was inserted by S.I. 2007/3101.
7 In section 47(1) (variation etc. of conditions in relation to registration under Part 3) , omit “, other than in the visiting European part of the register,”.
Sch. 9 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Subsection (1) was amended by S.I. 2007/3101 and paragraph 3 of Schedule 15 to the Public Services Reform (Scotland) Act 2010 (asp 8).
8 In section 51 (appeal against decision of Council) —
(a) in subsection (1), omit paragraphs (b) and (c);
(b) in subsection (2)(b), omit “or, in the case of an appeal under subsection (1)(c), direct that the alert be withdrawn or amended”.
Sch. 9 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Subsection (1) was substituted by S.I. 2007/3101. Subsections (1) and (2) were amended by paragraph 9 of Schedule 15 to the Public Services Reform (Scotland) Act 2010, S.I. 2016/1030.
9 In section 57 (power of Council to make rules) , omit subsection (2A).
Sch. 9 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Subsection (2A) was inserted by S.I. 2007/3101.
10 In section 77 (interpretation) —
(a) omit the definitions of “EEA State”, “exempt person”, “the General Systems Regulations”, “relevant European State” and “visiting social worker from a relevant European state”;
(b) in the definition of “social service worker”, omit paragraph (b).
Sch. 9 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Section 77 was substituted by S.S.I 2011/211 and amended by S.I. 2011/1043, 2016/1030 and S.S.I. 2013/177.

11 National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004
The National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004 , in paragraph 4 of Schedule 1—
(a) in sub-paragraph (a), for “34J” substitute “ 34H ”;
(b) in sub-paragraph (b), for “within the meaning of” substitute “ established under ”.
Sch. 9 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
S.S.I. 2004/114. Paragraph 4 was substituted by S.I. 2010/234.

PART 2 Savings and transitional provision

12 Pending applications
(1) This paragraph applies where a relevant application is made, but not finally determined, before IP completion day.
Words in Sch. 9 para. 12(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(2)(a)
(2) Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the application (including any appeal arising from it), on and after IP completion day, subject to the modifications specified in paragraph 14 or, in the case of a relevant applicant, the modifications specified in paragraph 14A—
(a) section 46B(a);
(b) section 51(1)(b); and
(c) in section 77, the definitions of “EEA State”, “exempt person”, “the General Systems Regulations” and “relevant European State”.
Words in Sch. 9 para. 12(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(2)(a)
Words in Sch. 9 para. 12(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(2)(b)
(2A) In this Part, “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019).
Sch. 9 para. 12(2A) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(2)(c)
(3) For the purposes of sub-paragraph (1), “relevant application” means an application for—
(a) registration in a part of the register maintained under Part 3 of the 2001 Act; or
(b) renewal of registration in that register.
(4) For the purposes of sub-paragraph (1), an application is finally determined when—
(a) it is withdrawn;
(b) notice is given that it has been granted; or
(c) notice is given that it has been granted subject to conditions, or refused, and either—
(i) the time limit for appeal against the decision has expired without an appeal being made; or
(ii) an appeal made against the decision under section 51 of the 2001 Act has been finally determined or abandoned.
Sch. 9 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

13 Visiting social workers: saving of old law for up to five years
(1) This paragraph applies where—
(a) a person had, immediately before IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a social worker (and section 46A(3) of the 2001 Act accordingly applied to the person), and
Words in Sch. 9 para. 13(1)(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(3)(b)
(b) the person continues to have that benefit on or after IP completion day.
Words in Sch. 9 para. 13(1)(b) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(3)(b)
(2) Despite their repeal or amendment by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the provision of those services by that person on and after IP completion day, as they applied before that day, subject to the modifications specified in paragraph 14—
(a) section 44(1)(aa), (2)(b) and (2A);
(b) section 45(1) and (1A);
(c) section 46A;
(d) section 47(1);
(e) section 57(2A); and
(f) in section 77, the definitions of “EEA State”, “exempt person”, “the General Systems Regulations”, “relevant European State”, “social service worker” and “visiting social worker from a relevant European state”.
Words in Sch. 9 para. 13(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(3)(b)
Words in Sch. 9 para. 13(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(3)(c)
(2A) Where a person to whom this paragraph applies is a relevant applicant, that person may only provide services as a social worker for a period not exceeding 90 days in total in any calendar year.
Sch. 9 para. 13(2A) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(3)(d)
(3) Sub-paragraph (2) has effect until—
(a) in the case of a person who is registered in accordance with section 46A(3) of the 2001 Act, the day on which the person's name is removed from the register under section 46A(6) of that Act;
(b) in any other case, the day on which the person's entitlement under section 46A(3) of the 2001 Act to be registered ceases by virtue of section 46A(5) of that Act.
Sch. 9 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Words in Sch. 9 para. 13 heading substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(3)(a)

14 Interpretation of saved provisions
The modifications of the 2001 Act mentioned in paragraphs 12(2) and 13(2) are as follows—
(a) section 46A(1) is to have effect as if, in the reference to a relevant European State other than the United Kingdom, “other than the United Kingdom” were omitted;
(b) section 77 is to have effect as if—
(i) at the appropriate place, there were inserted—

““enforceable EU right” means a right recognised and available in domestic law, immediately before IP completion day, by virtue of section 2(1) of the European Communities Act 1972;”

;
Words in Sch. 9 para. 14(b)(i) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(b)
(ii) in the definition of “exempt person”—
(aa) for paragraphs (a) to (c), there were substituted—

“(a) a person who, immediately before IP completion day, was a national of a relevant European State,
Words in Sch. 9 para. 14(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(b)
(b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking to engage in relevant social work by virtue of an enforceable EU right, or
(c) a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;”

;
(bb) in the words after paragraph (c), for “is not” there were substituted “ was not, immediately before IP completion day”;
(iii) at the end of the definition of “the General Systems Regulations”, there were inserted—

“(a) in relation to anything done before IP completion day, as they had effect at that time;
Words in Sch. 9 para. 14(b)(iii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(b)
(b) otherwise, as (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of anything done before IP completion day;”

.
Sch. 9 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Words in Sch. 9 para. 14 substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(a)

14A Interpretation of saved provisions: Swiss visiting social workers
The modifications of the 2001 Act in the case of a relevant applicant mentioned in paragraph 12(2) are as follows—
(a) section 46A(1) is to have effect as if—
(i) the reference to “an exempt person” were a reference to “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”, and
(ii) the reference to “a relevant European State other than the United Kingdom” were a reference to “Switzerland”;
(b) section 77 is to have effect as if—
(i) the definition of “exempt person” were omitted,
(ii) at the end of the definition of “the General Systems Regulations” there were inserted—

“—
(a) in relation to anything done before IP completion day, as they had effect at that time,
(b) otherwise, as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arose before IP completion day, or arises as a result of anything done before IP completion day;”

.
Sch. 9 para. 14A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 9 para. 14A inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(5)

15 IMI alerts
(1) This paragraph applies where—
(a) before IP completion day, a person is given notice of a decision made under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 to send an alert about the person; and
Words in Sch. 9 para. 15(1)(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(6)
(b) either—
(i) the time limit for appeal against the decision under section 51(1)(c) of the 2001 Act expires on or after IP completion day; or
Words in Sch. 9 para. 15(1)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(6)
(ii) an appeal against the decision under that section is made, but not finally determined, before IP completion day.
Words in Sch. 9 para. 15(1)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(6)
(2) Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the decision on and after IP completion day—
(a) section 51(1)(c); and
(b) in section 77, the definition of “the General Systems Regulations”.
Words in Sch. 9 para. 15(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(6)
(3) In disposing of an appeal against the decision on or after IP completion day, the sheriff has (instead of the powers specified in section 51(2) of the 2001 Act) the power—
(a) to confirm the decision; or
(b) if the sheriff considers that the alert should be withdrawn or amended, to direct that the Scottish Social Services Council take such steps as the sheriff thinks fit to notify the European Commission of the sheriff's decision.
Words in Sch. 9 para. 15(3) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(6)
Sch. 9 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

16 Applications from Swiss social workers: saving of old law
(1) This paragraph applies where a registration application is received from a Swiss social worker before the end of the Swiss recognition period.
(2) Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the application (including any appeal arising from it), after IP completion day, subject to the modifications specified in paragraph 17—
(a) section 46B(a),
(b) section 51(1)(b), and
(c) in section 77, the definition of “the General Systems Regulations”.
(3) For the purposes of this paragraph, a “Swiss social worker” is a qualifying applicant who had not, before IP completion day, made a registration application (other than an application under section 46A of the 2001 Act).
(4) In this paragraph “registration application” means an application for registration in a part of the register maintained under Part 3 of the 2001 Act.
Sch. 9 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Sch. 9 paras. 16, 17 inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(7)

17 Interpretation of provisions saved by paragraph 16
The modifications of the 2001 Act mentioned in paragraph 16 are as follows—
(a) section 46B(a) is to have effect as if the reference to “an exempt person” were a reference to “a Swiss social worker within the meaning given in paragraph 16 of this Part of this Schedule”;
(b) section 77 has effect as if, at the end of the definition of “the General Systems Regulations”, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”.
Sch. 9 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)