The Regulation of Care (Scotland) Act 2001 (Commencement No. 6) Order 2005

Made: 30th August 2005

The Scottish Ministers, in exercise of the powers conferred by sections 81(2) and (3) of the Regulation of Care (Scotland) Act 2001[^f00001], hereby make the following Order:

Citation

1

This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Commencement No. 6) Order 2005.

Commencement of provisions

2

Section 52(1)(a) and section 52(2) of the Regulation of Care (Scotland) Act 2001 shall come into force on 1st September 2005.

Signed

ROBERT E BROWN — Authorised to sign by the Scottish Ministers — 30th August 2005

Explanatory note

(This note is not part of the Order)

This Order brings into force section 52(1)(a) and (2) of the Regulation of Care (Scotland) Act 2001 (2001 asp 8) (“the Act”).

Section 52(1)(a) of the Act makes it an offence if any person, with intent to deceive, takes or uses the title of social worker, or purports in any other way to be a social worker, while not registered in any “relevant register” as a social worker. A person convicted of an offence under that section is liable to a fine not exceeding level 5 on the standard scale (currently £5,000).

Section 52(2) defines what is meant by a “relevant register”. It is either (a) the register maintained by the Scottish Social Services Council under section 44(1) of the Act or (b) such register as may be prescribed by order made by the Scottish Ministers, being a register maintained under a provision of the law of England and Wales or of Northern Ireland which appears to the Scottish Ministers to correspond to that section.

Footnotes

[^f00001]: 2001 asp 8.

[^f00002]: Section 2(7) was brought partially into force on 1st April 2002 by S.S.I. 2002/162.

[^f00003]: Section 2(10) was brought partially into force on 1st April 2002 by S.S.I. 2002/162.

[^f00004]: Section 33(1)(c) was brought into force on 1st April 2002 by S.S.I. 2002/162.

[^f00005]: Section 79 was brought partially into force on 1st October 2001 by S.S.I. 2001/304.

[^f00006]: Paragraph 7(11)(b) of Schedule 3 was brought into force on 1st April 2002 by S.S.I. 2002/162.

[^f00007]: Schedule 4 was brought partially into force on 1st April 2002 by S.S.I. 2002/162.