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Textual Amendments
F1S. 54 repealed (11.7.2016 for specified purposes, 3.4.2017 in so far as not already in force) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 67(1), 188(1); S.I. 2016/713, art. 2; S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)
(1)This section has effect for the purposes of this Part.
(2)“Social care worker” means a person (other than a person excepted by regulations) who—
(a)engages in relevant social work (referred to in this Part as a “social worker”);
(b)is employed at a children’s home, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency [F2, a voluntary adoption agency or an adoption support agency];
(c)manages [F3a home, centre or agency of a kind] mentioned in paragraph (b); or
(d)is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
(3)Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—
(a)a person engaged in work for the purposes of a local authority’s social services functions, or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions;
(b)a person engaged in the provision of personal care for any person;
(c)a person who manages, or is employed in, an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;
(d)a person employed in connection with the discharge of functions of the appropriate Minister under section 80 of the 1989 Act (inspection of children’s homes etc.);
(e)staff of F4. . . [F5, the Office for Standards in Education, Children's Services and Skills] or the [F6Welsh Assembly Government] who—
(i)inspect premises under section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges) or [F7section 31 of this Act [F8, section 88] or 98 of the Health and Social Care (Community Health and Standards) Act 2003][F9or section 139 of the Education and Inspections Act 2006]; or
(ii)are responsible for persons who do so;
and staff of the [F6Welsh Assembly Government] who inspect premises under [F10section 40 of the Children and Families (Wales) Measure 2010] or are responsible for persons who do so;
[F11(ea)staff of the Care Quality Commission who inspect premises under Part 1 of the Health and Social Care Act 2008 used for or in connection with the provision of social care (within the meaning of that Part) or who are responsible for persons who do so;]
(f)a person employed in a day centre;
(g)a person participating in a course approved by [F12the Welsh Council] under section 63 [F13, or by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001,] for persons wishing to become social workers.
(4)“Relevant social work” means social work which is required in connection with any health, education or social services provided by any person.
[F14(4A)“Social care manager” means a person who falls within the description in subsection (2)(c).]
(5)“Day centre” means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).
[F15(6)“The General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059).]
[F16(7)“Relevant European State” means an EEA State or Switzerland.
(8)“Exempt person” means—
(a)a national of a relevant European State other than the United Kingdom,
(b)a national of the United Kingdom who is seeking to engage in relevant social work [F17, or to engage in work as a social care manager in Wales,] by virtue of an enforceable [F18EU] right, or
(c)a person who is not a national of a relevant European State but who is, by virtue of an enforceable [F18EU] right, entitled to be treated, as regards the right to engage in relevant social work [F19, or the right to engage in work as a social care manager in Wales,] , no less favourably than a national of a relevant European State;
and in this subsection, “national”, in relation to a relevant European State, means the same as in [F18EU] Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from [F18EU] provisions relating to the free movement of persons and services.]
Textual Amendments
F2Words in s. 55(2)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 115 (with Sch. 4 paras. 6-8); S.I 2005/2213, {art. 3}
F3Words in s. 55(2)(c) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 29(2); S.I. 2009/462, art. 2, Sch. 1 para. 35
F4Words in s. 55(2)(e) repealed (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b)(3), Sch. 5 para. 29(3)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36
F5Words in s. 55(3)(e) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 52(a); S.I. 2007/935, art. 5
F6Words in s. 55(3)(e) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75(3), Sch. 1 para. 14(a); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2)
F7Words in s. 55(3)(e) substituted (20.11.2003 for certain purposes and 1.4.2004 for E. otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 28(b); S.I. 2004/759, art. 4(2)
F8Words in s. 55(3)(e) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 52(b); S.I. 2007/935, art. 5
F9Words in s. 55(3)(e) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 52(c); S.I. 2007/935, art. 5
F10Words in s. 55(3)(e) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 14(b); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2)
F11S. 55(3)(ea) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 29(3)(b); S.I. 2009/462, art. 2, Sch. 1 para. 35
F12Words in s. 55(3)(g) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 2(a); S.I. 2012/1319, art. 2(4)
F13Words in s. 55(3)(g) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 2(b); S.I. 2012/1319, art. 2(4)
F14 S. 55(4A) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 100(2) (with reg. 155)
F15 S. 55(6) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 100(3) (with reg. 155)
F16S. 55(6)-(8) added (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), reg. 231
F17Words in s. 55(8)(b) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 100(4)(a) (with reg. 155)
F18Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)(5))
F19Words in s. 55(8)(c) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 100(4)(b) (with reg. 155)
Commencement Information
I1S. 55 partly in force; s. 55 not in force at Royal Assent see s. 122; s. 55 in force for W. at 1.4.2001 by S.I. 2000/2992, art. 2(2), Sch. 2; s. 55 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(b); s. 55 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(d); s. 55(1)(2)(a)(4) in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2; s. 55(3)(g) in force for E. for certain purposes at 1.3.2004 by S.I. 2004/484, art. 2