Delegated Powers and Law Reform Committee

Meeting date: Tuesday, June 11, 2013

Official Report 329KB pdf

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Instrument subject to Affirmative Procedure

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Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 [Draft]

Regulation 9(1) continues the application of the requirements in regulations 4 to 6 of the Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No 2) Regulations 2009 (SSI 2009/118) for social workers and social service workers to achieve registration with the Scottish Social Services Council within the period that those regulations provide for to workers who start work before the 2013 regulations come into force on 1 August 2013. Regulation 9(2) of the 2013 regulations provides that an application for registration that is made by such workers under those provisions of the 2009 regulations that is not determined by 1 August 2013

“is to be treated as an application for registration under these Regulations.”

Regulations 4 to 7 of the 2013 regulations contain some differences in the application for registration requirements, including differences in relation to the exemptions from registration that apply. Confusion could be caused by the two incompatible directions: the direction that regulations 4 to 6 of the 2009 regulations continue to have effect and the direction that an application under those provisions is to be treated as an application under the provisions of the 2013 regulations.

Does the committee agree to draw the regulations to the attention of the Parliament on reporting ground (h), as the meaning of regulation 9 could be clearer?

Members indicated agreement.