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| Rules about registration. |
56. - (1) A Council may by rules make provision-
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(a) as to the keeping of the register; |
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(b) as to the documentary and other evidence to be produced, and the fees to be paid, by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored; |
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(c) for a person's registration to remain effective without limitation of time (subject to removal from the register in accordance with rules made by virtue of section 55) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules. |
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(2) A Council may also make rules requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such a time, as the rules may specify.
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| Use of title "social worker" etc. |
57. - (1) If a person who is not registered as a social worker in any relevant register with intent to deceive another-
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(a) takes or uses the title of social worker; |
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(b) takes or uses any title or description implying that he is so registered,or in any way holds himself out as so registered, |
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he is guilty of an offence.
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(2) For the purposes of subsection (1), a register is a relevant register if it is-
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(a) maintained by a Council; or |
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(b) a prescribed register maintained under a provision of the law of Scotland or Northern Ireland which appears to the appropriate Minister to correspond to the provisions of this Part. |
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(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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Codes of practice |
| Codes of practice. |
58. - (1) Each Council shall prepare and from time to time publish codes of practice laying down-
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(a) standards of conduct and practice expected of social care workers; and |
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(b) standards of conduct and practice in relation to social care workers, being standards expected of persons employing or seeking to employ them. |
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(2) The Council shall-
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(a) keep the codes under review; and |
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(b) vary their provisions whenever it considers it appropriate to do so. |
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(3) Before issuing or varying a code, a Council shall consult any persons it considers appropriate to consult.
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(4) A code published by a Council shall be taken into account-
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(a) by the Council in making a decision under this Part; and |
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(b) in any proceedings on an appeal against such a decision. |
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(5) Local authorities making any decision about the conduct of any social care workers employed by them shall, if directed to do so by the Secretary of State, take into account any code published by the Council.
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(6) Any person who asks a Council for a copy of a code shall be entitled to have one on payment of such fee as the Council may determine.
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(7) Subsection (6) is not to be taken as preventing a Council from providing copies of a code free of charge whenever it considers it appropriate.
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Training |
| Approval of courses etc. |
59. - (1) Each Council may, in accordance with rules made by it, approve courses in relevant social work for the purposes of section 54(2)(a)(i).
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(2) An approval given under this section may be either unconditional or subject to such conditions as the Council thinks fit.
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(3) Rules made by virtue of this section may in particular make provision-
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(a) about the content of, and methods of completing, courses; |
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(b) as to the provision to the Council of information about courses; |
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(c) as to the persons who may participate in courses, or in parts of courses specified in the rules; |
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(d) as to the numbers of persons who may participate in courses; |
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(e) for the award by the Council of certificates of the successful completion of courses; |
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(f) about the lapse and renewal of approvals; and |
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(g) about the withdrawal of approvals. |
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(4) A Council may-
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(a) conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 63; and |
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(b) carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work. |
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(5) A course shall not be approved under this section unless the Council considers that it is such as to enable persons completing it to attain the required standard of proficiency in relevant social work.
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(6) In subsection (5) "the required standard of proficiency in relevant social work" means the standard described in rules made by the Council.
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(7) The Council shall from time to time publish a list of the courses which are approved under this section.
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| Qualifications gained outside a Council's area. |
60. - (1) An applicant for registration as a social worker in the register maintained by the English Council satisfies the requirements of this section if-
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(a) being a national of any EEA State- |
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(i) he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Secretary of State has by order designated as having Community equivalence for the purposes of such registration; and
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(ii) he satisfies any other requirements which the Council may by rules impose; or
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(b) he has, elsewhere than in England, undergone training in relevant social work and either- |
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(i) that training is recognised by the Council as being to a standard sufficient for such registration; or
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(ii) it is not so recognised, but the applicant has undergone in England or elsewhere such additional training as the Council may require.
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(2) An applicant for registration as a social worker in the register maintained by the Welsh Council satisfies the requirements of this section if-
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(a) being a national of any EEA State- |
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(i) he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Assembly has by order designated as having Community equivalence for the purposes of such registration; and
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(ii) he satisfies any other requirements which the Council may by rules impose; or
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(b) he has, elsewhere than in Wales, undergone training in relevant social work and either- |
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(i) that training is recognised by the Council as being to a standard sufficient for such registration; or
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(ii) it is not so recognised, but the applicant has undergone in Wales or elsewhere such additional training as the Council may require.
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(3) An order under subsection (1)(a) or (2)(a) may provide that a professional qualification designated by the order is to be regarded as having Community equivalence for the purposes of registration as a social worker in the register maintained by the English or, as the case may be, Welsh Council only if prescribed conditions required by a directive issued by the Council of the European Communities are fulfilled; and different conditions may be prescribed with respect to the same qualification for different circumstances.
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(4) Any person who-
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(a) is not a national of an EEA State; but |
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(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 (on freedom of movement for workers within the Community) or any other enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of such a State, |
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shall be treated for the purposes of subsection (1)(a) or (2)(a) as if he were such a national.
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(5) In this section-
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"EEA State" means a Contracting Party to the EEA Agreement; |
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"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; |
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"national", in relation to an EEA State, means the same as it does for the purposes of the Community Treaties. |
