Coronavirus Bill (HC Bill 122)

(c) to impose, vary or revoke a condition as respects the
registration of a person, or the persons comprising a group of
persons, under Article 8E(5);

(d) to revoke a person’s registration under that Article (and, in
5the case of a member of a group, it does not matter whether
the registrar also decides to revoke the registration of any or
all of the other members of the group);

(e) to record or refuse to record an annotation under Article
9A(2) against the name of a registered person, or the names
10of the persons comprising a group of registered persons;

(f) to remove an annotation under that Article (and, in the case
of a member of a group, it does not matter whether the
registrar also decides to remove the annotation of any or all
of the other members of the group).”

15Power to require disclosure of information

8 Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to
require disclosure of information) has effect as if it enabled requirements to
be imposed for the purpose of assisting the registrar in carrying out
functions in respect of identifying any person registered by virtue of Article
208E(3)(b) (emergency registration of a group of persons).

Section 5

SCHEDULE 4 Emergency registration of social workers: England and Wales

Social Workers Regulations 2018

1 (1) The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they
25were subject to the following modifications.

(2) Regulation 9 (information to be recorded in the register in relation to a
registered social worker) has effect as if—

(a) in paragraph (1) after sub-paragraph (b) there were inserted—

“(ba) in the case of a social worker registered under
30regulation 12A (emergency registration) the fact that
the social worker has been registered under that
regulation,”, and”

(b) after paragraph (1) there were inserted—

“(1A) The information referred to in paragraph (1)(a), (b) or (ba) is
35not required to be recorded in the register in relation to a
social worker registered under regulation 12A as a member
of a specified group.”

(3) The regulations have effect as if after regulation 12 there were inserted—

“12A Temporary registration in emergencies involving loss of human life or
40human illness etc

(1) The regulator may register a person as a social worker, or the persons
comprising a specified group of persons as social workers, if—

(a) the Secretary of State has advised the regulator that an
emergency has occurred, is occurring or is about to occur and
that the regulator should consider acting under this
regulation, and

(b) 5the regulator considers that the emergency registration
requirement is met in relation to the person or group of
persons.

(2) For the purposes of paragraph (1)(b) the emergency registration
requirement is met—

(a) 10in relation to a person, if the regulator considers that the
person is a fit, proper and suitably experienced person to be
registered as a social worker with regard to the emergency;

(b) in relation to a group of persons, if the regulator considers
that the group is comprised of persons who are of a type who
15may reasonably be considered fit, proper and suitably
experienced persons to be registered as social workers with
regard to the emergency.

(3) The regulator may register all of the persons comprising a specified
group of persons without first identifying each person in the group.

(4) 20The registration of a person under this regulation has effect subject
to any conditions imposed by the regulator; and the regulator may at
any time vary or revoke such a condition or add new conditions.

(5) Where a person is registered under this regulation as a member of a
specified group, the person’s registration may (but need not) be
25subject to the same conditions as the registration of other members
of the group.

(6) A person’s registration under this regulation ceases to have effect if
revoked by the regulator; and the regulator—

(a) must revoke the registration if the Secretary of State advises
30the regulator that the circumstances that led the Secretary of
State to give the advice referred to in paragraph (1)(a) no
longer exist;

(b) may at any time revoke the registration for any other reason,
including where the regulator suspects that the person’s
35fitness to practise may be impaired.

(7) A person’s registration as a member of a specified group may be
revoked—

(a) without the registration of the other members of the group
being revoked, or

(b) 40as a result of a decision to revoke the registration of all the
members of the group.

(8) If a person’s registration under this regulation is revoked under
paragraph (6)(a), the registration ceases to have effect at the end of
the period of 14 days beginning with the day on which it is revoked.

(9) 45If a person’s registration under this section is revoked under
paragraph (6)(b), the registration ceases to have effect immediately.

(10) The following provisions of these regulations do not apply to
persons registered under this regulation—

(a) regulation 9 (content of the register), other than paragraph
(1)(a), (b) and (ba) and paragraph (3);

(b) regulations 10 to 12 and 13 to 15 (other provisions relating to
registration);

(c) 5regulation 16(4) and (5) (duty to provide information to
regulator: sanctions);

(d) regulation 17 (fees for registration);

(e) Part 5 (discipline and fitness to practise).

(11) If a person breaches a condition to which the person’s registration
10under this regulation is subject, anything done by the person in
breach of the condition is to be treated as not done by a registered
social worker.

(12) The regulator may do anything which appears to it to be necessary
or expedient for the purpose of, or in connection with, the
15performance of its functions under this regulation.

(13) This includes—

(a) making rules, and

(b) issuing guidance to persons registered under this regulation
or to the public.

(14) 20Paragraphs (2) to (5) of regulation 3 do not apply to rules under
paragraph (12)(a).

(15) In this regulation “emergency” means an emergency of the kind
described in section 19(1)(a) of the Civil Contingencies Act 2004, read
with subsection (2)(a) and (b) of that section.”

(4) 25Regulation 19 (registration appeals) has effect as if after paragraph (2) there
were inserted—

“(2A) Paragraph (1) does not apply to—

(a) a decision by the regulator to refuse to register a person
under regulation 12A, or

(b) 30a decision by the regulator to revoke a person’s registration
under that regulation.”

Regulation and Inspection of Social Care (Wales) Act 2016

2 (1) The Regulation and Inspection of Social Care (Wales) Act 2016 has effect as
if it were subject to the following modifications.

(2) 35The Act has effect as if after section 83 of the English language text there
were inserted—

“83A Temporary registration in emergencies involving loss of human life or
human illness etc

(1) The registrar may register a person as a social worker in the social
40worker part of the register, or the persons comprising a specified
group of persons as social workers in that part, if—

(a) the Welsh Ministers have advised the registrar that an
emergency has occurred, is occurring or is about to occur and
that the registrar should consider acting under this section,
45and

(b) the registrar considers that the emergency registration
requirement is met in relation to the person or group of
persons.

(2) For the purposes of subsection (1)(b) the emergency registration
5requirement is met—

(a) in relation to a person, if the registrar considers that the
person is a fit, proper and suitably experienced person to be
registered as a social worker with regard to the emergency;

(b) in relation to a group of persons, if the registrar considers that
10the group is comprised of persons who are of a type who may
reasonably be considered fit, proper and suitably
experienced persons to be registered as social workers with
regard to the emergency.

(3) The registrar may register all of the persons comprising a specified
15group of persons without first identifying each person in the group.

(4) The registrar may include an annotation in the social worker part of
the register denoting that a person has been registered under this
section.

(5) The registration of a person under this section has effect subject to
20any conditions imposed by the registrar; and the registrar may at any
time vary or revoke such a condition or add new conditions.

(6) Where a person is registered under this section as a member of a
specified group, the person’s registration may (but need not) be
subject to the same conditions as the registration of other members
25of the group.

(7) A person’s registration under this section ceases to have effect if
revoked by the registrar; and the registrar—

(a) must revoke the registration if the Welsh Ministers advise the
registrar that the circumstances that led the Welsh Ministers
30to give the advice referred to in subsection (1)(a) no longer
exist;

(b) may at any time revoke the registration for any other reason,
including where the registrar suspects that the person’s
fitness to practise may be impaired.

(8) 35A person’s registration as a member of a specified group may be
revoked—

(a) without the registration of the other members of the group
being revoked, or

(b) as a result of a decision to revoke the registration of all the
40members of the group.

(9) If a person’s registration under this section is revoked under
subsection (7)(a), the registration ceases to have effect at the end of
the period of 14 days beginning with the day on which it is revoked.

(10) If a person’s registration under this section is revoked under
45subsection (7)(b), the registration ceases to have effect immediately.

(11) Rules under section 74 may not provide for fees to be charged in
respect of a person’s registration under this section.

(12) The following provisions do not apply to persons registered under
this section—

(a) sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to
registration) of this Act;

(b) 5sections 113 to 115 (continuing professional development) of
this Act and rules made under any of those sections;

(c) Part 6 (social care workers: fitness to practise) of this Act,
other than section 160(1) and (3) to (5).

(13) If a person breaches a condition to which the person’s registration
10under this section is subject, anything done by the person in breach
of the condition is to be treated as not done by a person registered in
the social worker part of the register.

(14) In this section “emergency” means an emergency of the kind
described in section 19(1)(a) of the Civil Contingencies Act 2004, read
15with subsection (2)(a) and (b) of that section.”

(3) The Act has effect as if after section 83 of the Welsh language text there were
inserted—

“83A Cofrestru dros dro mewn argyfyngau sy’n cynnwys colli bywyd dynol
neu salwch dynol etc

(1) 20Caiff y cofrestrydd gofrestru person fel gweithiwr cymdeithasol yn
rhan gweithwyr cymdeithasol y gofrestr, neu bersonau sy’n ffurfio
grŵp penodedig o bersonau fel gweithwyr cymdeithasol yn y rhan
honno, —

(a) os yw Gweinidogion Cymru wedi cynghori’r cofrestrydd
25bod argyfwng wedi codi, yn codi neu ar fin codi, ac y dylai’r
cofrestrydd ystyried gweithredu o dan yr adran hon, a

(b) os yw’r cofrestrydd yn ystyried bod y gofyniad ar gyfer
cofrestru mewn argyfwng wedi ei fodloni mewn perthynas
â’r person neu’r grŵp o bersonau.

(2) 30At ddibenion is-adran (1)(b) mae’r gofyniad ar gyfer cofrestru mewn
argyfwng yn cael ei fodloni—

(a) mewn perthynas â pherson, os yw’r cofrestrydd yn ystyried
bod y person yn berson addas a phriodol sydd â phrofiad
cyfaddas i gael ei gofrestru fel gweithiwr cymdeithasol o ran
35yr argyfwng;

(b) mewn perthynas â grŵp o bersonau, os yw’r cofrestrydd yn
ystyried bod y grŵp yn cael ei ffurfio o bersonau sydd o fath
y gellir eu hystyried yn rhesymol yn bersonau addas a
phriodol sydd â phrofiad cyfaddas i gael eu cofrestru fel
40gweithwyr cymdeithasol o ran yr argyfwng.

(3) Caiff y cofrestrydd gofrestru pob un o’r personau sy’n ffurfio grŵp
penodedig o bersonau heb enwi’n gyntaf bob person yn y grŵp.

(4) Caiff y cofrestrydd gynnwys anodiad yn rhan gweithwyr
cymdeithasol y gofrestr sy’n dynodi bod person wedi cael ei
45gofrestru o dan yr adran hon.

(5) Mae cofrestriad person o dan yr adran hon yn cael effaith yn
ddarostyngedig i unrhyw amodau a osodir gan y cofrestrydd; a

chaiff y cofrestrydd amrywio neu ddirymu unrhyw amod o’r fath
neu ychwanegu unrhyw amodau newydd ar unrhyw adeg.

(6) Pan fo person wedi ei gofrestru o dan yr adran hon fel aelod o grŵp
penodedig, caniateir i gofrestriad y person fod (ond nid oes rhaid
iddo fod) yn ddarostyngedig i’r un amodau â chofrestriad aelodau
5eraill o’r grŵp.

(7) Mae cofrestriad person o dan yr adran hon yn peidio â chael effaith
os caiff ei ddirymu gan y cofrestrydd; a—

(a) rhaid i’r cofrestrydd ddirymu’r cofrestriad os yw
Gweinidogion Cymru yn cynghori’r cofrestrydd nad yw’r
10amgylchiadau a arweiniodd Gweinidogion Cymru at roi’r
cyngor y cyfeirir ato yn is-adran (1)(a) bellach yn bodoli;

(b) caiff y cofrestrydd, ar unrhyw adeg, ddirymu’r cofrestriad
am unrhyw reswm arall, gan gynnwys pan fo’r cofrestrydd
yn amau y gall addasrwydd y person i ymarfer fod wedi ei
15amharu.

(8) Caniateir i gofrestriad person fel aelod o grŵp penodedig gael ei
ddirymu—

(a) heb ddirymu cofrestriad aelodau eraill o’r grŵp, neu

(b) o ganlyniad i benderfyniad i ddirymu cofrestriad pob aelod
20o’r grŵp.

(9) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran
(7)(a), mae’r cofrestriad yn peidio â chael effaith ar ddiwedd cyfnod
o 14 diwrnod sy’n dechrau â’r diwrnod y caiff ei ddirymu.

(10) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran
25(7)(b), mae’r cofrestriad yn peidio â chael effaith ar unwaith.

(11) Ni chaiff rheolau o dan adran 74 ddarparu ar gyfer codi ffioedd o ran
cofrestriad person o dan yr adran hon.

(12) Nid yw darpariaethau canlynol y Ddeddf yn gymwys i bersonau a
gofrestrir o dan yr adran hon—

(a) 30adrannau 82, 83, 84, 86, 87, 89, 94 a 95 (darpariaethau sy’n
ymwneud â chofrestru) o’r Ddeddf hon;

(b) adrannau 113 i 115 (datblygiad proffesiynol parhaus) o’r
Ddeddf hon a rheolau a wneir o dan unrhyw un o’r adrannau
hynny;

(c) 35Rhan 6 (gweithwyr gofal cymdeithasol: addasrwydd i
ymarfer) o’r Ddeddf hon ac eithrio adran 160(1) a (3) i (5).

(13) Os yw person yn torri amod y mae cofrestriad y person o dan yr
adran hon yn ddarostyngedig iddo, mae unrhyw beth a wneir gan y
person yn groes i’r amod i’w drin fel peth nad yw wedi ei wneud gan
40berson a gofrestrwyd yn rhan gweithwyr cymdeithasol y gofrestr.

(14) Yn yr adran hon mae i “argyfwng” yr ystyr a roddir i’r math o
“emergency” a ddisgrifir yn adran 19(1)(a) o Ddeddf Argyfyngau
Sifil Posibl 2004, wedi ei darllen ynghyd ag is-adran (2)(a) a (b) o’r
adran honno.”

(4) 45Section 101 (appeals against decisions of the registrar) has effect as if—

(a) after subsection (2) of the English language text there were

inserted—

“(3) Subsection (1) does not apply to—

(a) a decision by the registrar to refuse to register a
person under section 83A, or

(b) a decision by the registrar to revoke a person’s
5registration under that section.”;

(b) after subsection (2) of the Welsh language text there were inserted—

“(3) Nid yw is-adran (1) yn gymwys i—

(a) penderfyniad gan y cofrestrydd i wrthod cofrestru
person o dan adran 83A, neu

(b) 10penderfyniad gan y cofrestrydd i ddirymu cofrestriad
person o dan yr adran honno.”

(5) Section 160(1) (power of Social Care Wales to require disclosure of
information) has effect as if it enabled requirements to be imposed for the
purpose of assisting the registrar in carrying out functions under section
1583A.

Section 6

SCHEDULE 5 Temporary registration of social workers: Scotland

Regulation of Care (Scotland) Act 2001

1 (1) The Regulation of Care (Scotland) Act 2001 (asp 8) has effect subject to the
20following modifications.

(2) In section 44 (register of social workers and other social service workers)—

(a) in subsection (1), after paragraph (aa) insert—

“(ab) temporary social workers;”,”

(b) in subsection (2), after paragraph (a) insert—

“(ba) 25temporary social workers;”, and”

(c) after subsection (2A) insert—

“(2B) In this Part, “temporary social worker” means a person who
satisfies the requirements for temporary registration under
section 46D.

(2C) 30Any rules made by the Council under this Part apply in
relation to a person registered as a temporary social worker,
and applications for registration as a temporary social
worker, unless otherwise stated or provided for in this Part.”

(3) In section 46 (grant or refusal of registration) after subsection (2H) insert—

“(2I) 35This section does not apply in relation to applications for registration
as a temporary social worker (see section 46D).”

(4) After section 46B insert—

“46C Direction to Council to consider applications for temporary
registration

(1) The Scottish Ministers may direct the Council to consider
5applications 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
10Chief Medical Officer of the Scottish Administration or such
other person as may be designated for the purpose of this
paragraph 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
15provision 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) 20for 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 Grant or refusal of temporary registration

(1) 25This 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
30(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
35applicant—

(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 6 of the Coronavirus Act 2020 came into
force;

(b) 40is 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
45Council 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) 5the register maintained by the Council under this Part;

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

(c) 10the register maintained by Social Care Wales under section 80
of the Regulation and Inspection of Social Care (Wales) Act
2016 (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
15Council under Part 1 of the Health and Personal Social
Services Act (Northern Ireland) 2001.

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

(a) is participating in the final year of a relevant course of
20training 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) 25satisfies 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
30approved 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 Notice and effect of decisions on temporary registration

(1) 35Where 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
40given.

(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) 45the 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 Registration period for temporary registration

(1) A person’s registration as a temporary social worker has effect until
5the 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) 10The 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 Subsequent applications for registration as social worker

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

(a) 15is 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) 20Where 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;

25the 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
30to 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
35otherwise ceases to have effect, the person may subsequently apply
for registration as a social worker in accordance with this Part.”

(5) In section 47 (variation of conditions) after subsection (2) insert—

“(3) Subsection (2)(b) does not apply in relation to a person registered as
a temporary social worker.”

(6) 40In section 48 (right to make representations to Council as respects decision
under section 47) after subsection (2) insert—

“(2A) But subsections (3) and (4) do not apply in relation to a person
registered as a temporary social worker.”

(7) In section 50 (notice of Council’s decision under rules under section 49) after