Regulation of Care (Scotland) Act 2001

Children Act 1989 (c.41)

Children (Scotland) Act 1995 (c.36)

Anatomy Act 1984 (c.14)

Anatomy Act 1984 (c.14)

Foster Children (Scotland) Act 1984 (c.56)

Foster Children (Scotland) Act 1984 (c.56)

Income and Corporation Taxes Act 1988 (c.1)

Local Government Finance Act 1992 (c.14)

Adoption (Intercountry Aspects) Act 1999 (c.18)

Sexual Offences (Amendment) Act 2000 (c.44)

Constitution of Scottish Commission for the Regulation of Care

Sewerage (Scotland) Act 1968 (c.47)

Employment Agencies Act 1973 (c.35)

Administration of Justice Act 1982 (c.53)

Sexual Offences (Amendment) Act 2000 (c.44)

Foster Children (Scotland) Act 1984 (c.56)

Opticians Act 1989 (c.44)

Criminal Procedure (Scotland) Act 1995 (c.46)

Sexual Offences (Amendment) Act 2000 (c.44)

Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

Income and Corporation Taxes Act 1988 (c.1)

Children Act 1989 (c.41)

Local Government Finance Act 1992 (c.14)

Sexual Offences (Amendment) Act 2000 (c.44)

Criminal Procedure (Scotland) Act 1995 (c.46)

Police Act 1997 (c.50)

Sexual Offences (Amendment) Act 2000 (c.44)

Urgent procedures for cancellation of registration etc.

Local authority applications for registration under Part 2

Notification of dismissal etc. for misconduct

57A

The employer of a social service worker shall—

• (a) on dismissing the social service worker on grounds of misconduct; or

• (b) on the social service worker resigning or abandoning the worker's position in circumstances where, but for the resignation or abandonment—

• (i) the worker would have been dismissed on grounds of misconduct; or

• (ii) dismissal on such grounds would have been considered by the employer,

forthwith notify the Council of the dismissal, resignation or abandonment; and the employer shall in doing so provide the Council with an account of the circumstances which led to the dismissal or which were present when the resignation or abandonment took place.

57B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General principles

Grants

Cessation of exercise of certain functions by Central Council for Education and Training in Social Work

Amendment of Social Work (Scotland) Act 1968: direct payments to children for care services

Amendment of Children Act 1975: maintenance payments to children

Provision by local authorities of residential accommodation in which nursing is provided

Amendment of Children (Scotland) Act 1995: “place of safety"

Amendment of Children (Scotland) Act 1995: Children’s Panel Advisory Committees

Interpretation

Orders and regulations

Anatomy Act 1984 (c.14)

Anatomy Act 1984 (c.14)

Anatomy Act 1984 (c.14)

Sewerage (Scotland) Act 1968 (c.47)

Social Work (Scotland) Act 1968 (c.49)

Medicines Act 1968 (c.67)

Employment Agencies Act 1973 (c.35)

Water (Scotland) Act 1980 (c.45)

Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

Income and Corporation Taxes Act 1988 (c.1)

Opticians Act 1989 (c.44)

Sexual Offences (Amendment) Act 2000 (c.44)

Children (Scotland) Act 1995 (c.36)

Criminal Procedure (Scotland) Act 1995 (c.46)

Adoption (Intercountry Aspects) Act 1999 (c.18)

Sexual Offences (Amendment) Act 2000 (c.44)

46A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46B

This section applies where—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Criminal Procedure (Scotland) Act 1995 (c.46)

Adoption (Intercountry Aspects) Act 1999 (c.18)

Adoption (Intercountry Aspects) Act 1999 (c.18)

Opticians Act 1989 (c.44)

Local Government Finance Act 1992 (c.14)

Children (Scotland) Act 1995 (c.36)

Criminal Procedure (Scotland) Act 1995 (c.46)

Local Government Finance Act 1992 (c.14)

Criminal Procedure (Scotland) Act 1995 (c.46)

Criminal Procedure (Scotland) Act 1995 (c.46)

Police Act 1997 (c.50)

Anatomy Act 1984 (c.14)

Children (Scotland) Act 1995 (c.36)

Police Act 1997 (c.50)

Sexual Offences (Amendment) Act 2000 (c.44)

Adoption (Intercountry Aspects) Act 1999 (c.18)

Sexual Offences (Amendment) Act 2000 (c.44)

46C

• (1) The Scottish Ministers may direct the Council to consider applications for registration as a temporary social worker in accordance with section 46D.

• (2) Before giving a direction under subsection (1), the Scottish Ministers—

• (a) must have regard to advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this section by the Scottish Ministers; and

• (b) must be satisfied that the direction is a necessary and proportionate action for or in connection with the continued provision of social work services (within the meaning given by section 48 of the Public Services Reform (Scotland) Act 2010).

• (3) The Scottish Ministers must publish a direction under subsection (1).

• (4) A direction under subsection (1) has effect—

• (a) for the period specified in the direction; or

• (b) until revoked by a further direction stating that the Council is no longer to consider applications for registration as a temporary social worker.

46D

• (1) This section only applies where the Scottish Ministers have given the Council a direction under section 46C(1).

• (2) The Council may grant an application for registration as a temporary social worker unconditionally if subsection (4) or (6) applies.

• (3) Where the Council is not satisfied as mentioned in subsection (4) or (6) it may—

• (a) grant the application subject to such conditions as it thinks fit; or

• (b) refuse the application.

• (4) This subsection applies where the Council is satisfied that the applicant—

• (a) had previously been registered as a social worker in a relevant register during the period of 5 years before the date on which section 7 of the Coronavirus Act 2020 came into force;

• (b) is of good character;

• (c) satisfies such requirements as to competence or conduct as the Council may by rules impose; and

• (d) either—

• (i) satisfies such requirements as to education as the Council may by rules impose and has successfully completed a course of training, approved by the Council, for persons wishing to become social workers; or

• (ii) satisfies such other requirements relating to education as the Council considers appropriate.

• (5) For the purpose of subsection (4)(a), “relevant register” means—

• (a) the register maintained by the Council under this Part;

• (b) the register maintained by Social Work England under Part 2 of the Children and Social Work Act 2017 (and any corresponding register established under the law of England and Wales before that Act came into force);

• (c) the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (and any corresponding register established under the law of England and Wales before that Act came into force);

• (d) the register maintained by the Northern Ireland Social Care Council under Part 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 1 (N.I.)).

• (6) This subsection applies where the Council is satisfied that the applicant—

• (a) is participating in the final year of a relevant course of training in Scotland or in another part of the United Kingdom;

• (b) despite not having completed the course, is suitably experienced to be registered as a temporary social worker;

• (c) is of good character; and

• (d) satisfies such requirements as to competence or conduct as the Council may by rules impose.

• (7) For the purpose of subsection (6)(a), “relevant course of training” means—

• (a) a course for those wishing to become a social worker which is approved by the Council in rules made under section 54(1) of this Act,

• (b) such other course for those wishing to become a social worker as the Council considers appropriate.

46E

• (1) Where the Council grants an application for registration as a temporary social worker unconditionally under section 46D(2)—

• (a) the Council must give the applicant notice of that decision; and

• (b) registration takes effect immediately on the notice being given.

• (2) Where, under section 46D(3), the Council refuses such an application or grants it subject to conditions—

• (a) the Council must give the applicant notice of that decision; and

• (b) the notice must state the Council's reasons for the decision.

• (3) A decision to refuse the application or grant it subject to conditions takes effect immediately on notice to that effect being given.

• (4) An applicant may not appeal any decision made by the Council under section 46D.

46F

• (1) A person's registration as a temporary social worker has effect until the date on which the Scottish Ministers give a direction in accordance with section 46C(4)(b).

• (2) After the date mentioned in subsection (1), the Council must remove the entry relating to the person in the part of the register for temporary social workers.

• (3) The Council may not by rules extend the period for which, by virtue of subsection (1), a person's registration as a temporary social worker has effect.

46G

• (1) Where a person described in section 46D(4)(a)—

• (a) is granted registration as a temporary social worker under that section; and

• (b) remains registered as a temporary social worker;

the person may subsequently apply for registration as a social worker in accordance with this Part.

• (2) Where a person described in section 46D(6)(a)—

• (a) is granted registration as a temporary social worker under that section;

• (b) remains registered as a temporary social worker; and

• (c) completes their course of training;

the person may subsequently apply for registration as a social worker in accordance with this Part.

• (3) Where subsection (1) or (2) applies and the person's application for registration as a social worker is granted—

• (a) the person's registration as a temporary social worker ceases to have effect from the date on which their registration as a social worker has effect under section 46; and

• (b) the Council must remove the entry relating to the person in the part of the register for temporary social workers.

• (4) Where a person's registration as a temporary social worker otherwise ceases to have effect, the person may subsequently apply for registration as a social worker in accordance with this Part.

Information from third parties

50A

• (1) The Council may, by notice in writing, require a person to provide it with information.

• (2) A notice under subsection (1) must specify—

• (a) the information required,

• (b) the timescale within which it is to be provided.

• (3) Where information is not provided in accordance with a notice under subsection (1), the Council may apply to the sheriff for an order requiring the person to provide the information within such time as the sheriff may order.

• (4) The sheriff may make an order under subsection (3) only if it appears to the sheriff that the information sought is relevant to the exercise of a function of the Council set out in this Part.

• (5) This section does not permit or require the provision of information in breach of a prohibition or restriction on the disclosure of information arising by virtue of an enactment or rule of law.