Care Standards Bill [H.L.] - continued        House of Lords
PART IV, SOCIAL CARE WORKERS - continued
Registration - continued

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Use of title "social worker" etc.     57. - (1) If a person, with intent to deceive another-
 
 
    (a) takes or uses the title of social worker;
 
    (b) takes or uses any title or description implying that he is registered in the part of a register maintained by a Council relating to persons engaged in relevant social work; or
 
    (c) in any way holds himself out as registered in that part of such a register,
  when he is not registered in that part of a register maintained by either of the Councils, he is guilty of an offence.
 
      (2) 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.
 
 
Codes of practice
Codes of practice.     58. - (1) Each Council shall prepare and from time to time publish codes of practice laying down standards of conduct and practice expected of social care workers.
 
      (2) The Council shall-
 
 
    (a) keep the codes under review; and
 
    (b) vary their provisions whenever it considers it appropriate to do so.
      (3) Before issuing or varying a code, a Council shall consult any persons it considers appropriate to consult.
 
      (4) Where any person is alleged to have failed to comply with any provision of a code published by a Council, that allegation may be taken into account-
 
 
    (a) by the Council in making a decision under this Part; and
 
    (b) in any proceedings on an appeal against such a decision.
      (5) The appropriate Minister may direct any local authority to take such steps as are reasonably practicable to ensure that social care workers employed by it comply with the codes.
 
      (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.
 
      (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.
 
 
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).
 
      (2) An approval given under this section may be either unconditional or subject to such conditions as the Council thinks fit.
 
      (3) Rules made by virtue of this section may in particular make provision-
 
 
    (a) about the content of, and methods of completing, courses;
 
    (b) as to the provision to the Council of information about courses;
 
    (c) as to the persons who may participate in courses, or in parts of courses specified in the rules;
 
    (d) as to the numbers of persons who may participate in courses;
 
    (e) for the award by the Council of certificates of the successful completion of courses;
 
    (f) about the lapse and renewal of approvals; and
 
    (g) about the withdrawal of approvals.
      (4) A Council may-
 
 
    (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
 
    (b) carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work.
      (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.
 
      (6) In subsection (5) "the required standard of proficiency in relevant social work" means the standard described in rules made by the Council.
 
      (7) The Council shall from time to time publish a list of the courses which are approved under this section.
 
Qualifications gained outside a Council's area.     60. - (1) An applicant for registration in the part mentioned in section 52(2)(a) of the register maintained by the English Council satisfies the requirements of this section if-
 
 
    (a) being a national of any EEA State-
 
      (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 registration in that part of the register; and
 
      (ii) he satisfies any other requirements which the Council may by rules impose; or
 
    (b) he has, elsewhere than in England, undergone training in relevant social work and either-
 
      (i) that training is recognised by the Council as being to a standard sufficient for registration in that part; or
 
      (ii) it is not so recognised, but the applicant has undergone in England or elsewhere such additional training as the Council may require.
      (2) An applicant for registration in the part mentioned in section 52(2)(a) of the register maintained by the Welsh Council satisfies the requirements of this section if-
 
 
    (a) being a national of any EEA State-
 
      (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 registration in that part of the register; and
 
      (ii) he satisfies any other requirements which the Council may by rules impose; or
 
    (b) he has, elsewhere than in Wales, undergone training in relevant social work and either-
 
      (i) that training is recognised by the Council as being to a standard sufficient for registration in that part; or
 
      (ii) it is not so recognised, but the applicant has undergone in Wales or elsewhere such additional training as the Council may require.
      (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 in the part mentioned in section 52(2)(a) of 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.
 
      (4) Any person who-
 
 
    (a) is not a national of an EEA State; but
 
    (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,
  shall be treated for the purposes of subsection (1)(a) or (2)(a) as if he were such a national.
 
      (5) In this section-
 
 
    "EEA State" means a Contracting Party to the EEA Agreement;
 
    "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;
 
    "national", in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.
Post registration training.     61. - (1) A Council may make rules requiring persons registered under this Part in any part of the register to undertake further training.
 
      (2) The rules may, in particular, make provision with respect to persons who fail to comply with any requirements of rules made by the Council, including provision for their registration to cease to have effect.
 
      (3) Before making, or varying, any rules by virtue of this section the Council shall take such steps as are reasonably practicable to consult the persons who are registered in the relevant part of the register and such other persons as the Council considers appropriate.
 
Visitors for certain social work courses.     62. - (1) A Council may by rules make provision for the visiting of places at which or institutions by which or under whose direction-
 
 
    (a) any relevant course (or part of such a course) is, or is proposed to be, given; or
 
    (b) any examination is, or is proposed to be, held in connection with any relevant course.
      (2) The rules may make provision-
 
 
    (a) for the appointment of visitors;
 
    (b) for reports to be made by visitors on-
 
      (i) the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at the place or by the institution visited; and
 
      (ii) such other matters as may be specified in the rules;
 
    (c) for the payment by the Council of fees, allowances and expenses to persons appointed as visitors;
 
    (d) for such persons to be treated, for the purposes of Schedule 1, as members of the Council's staff.
      (3) In subsection (1) "relevant course", in relation to a Council, means-
 
 
    (a) any course for which approval by the Council has been given, or is being sought, under section 59; or
 
    (b) any training which a person admitted to the part mentioned in section 52(2)(a) of the register maintained by the Council may be required to undergo after registration.
 
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