Care Standards Bill [H.L.] - continued        House of Lords
Registration - continued

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Grant or refusal of registration.     54. - (1) If the Council is satisfied that the applicant-
    (a) is of good character;
    (b) is physically and mentally fit to perform the whole or part of the work of persons registered in the part of the register to which his application relates; and
    (c) satisfies the following conditions,
  it shall grant the application, either unconditionally or subject to such conditions as it thinks fit; and in any other case it shall refuse it.
      (2) The first condition is that-
    (a) in the case of an applicant for registration as a social worker-
      (i) he has successfully completed a course approved by the Council under section 59;
      (ii) he satisfies the requirements of section 60; or
      (iii) he satisfies any requirements as to training which the Council may by rules impose;
    (b) in the case of any other person, he satisfies any requirements as to training which the Council may by rules impose.
      (3) The second condition is that the applicant satisfies any requirements as to conduct and competence which the Council may by rules impose.
Removal etc. from register.     55. - (1) Each Council shall by rules determine circumstances in which, and the means by which-
    (a) a person may be removed from a part of the register, whether or not for a specified period;
    (b) a person who has been removed from a part of the register may be restored to that part;
    (c) a person's registration in a part of the register may be suspended for a specified period;
    (d) the suspension of a person's registration in a part of the register may be terminated;
    (e) an entry in a part of the register may be removed, altered or restored.
      (2) The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in proceedings brought for the purposes of the rules, whether before the Council or any committee of the Council.
      (3) The rules shall provide for such proceedings to be in public except in such cases (if any) as the rules may specify.
      (4) Where a person's registration in a part of the register is suspended under subsection (1)(c), he shall be treated as not being registered in that part notwithstanding that his name still appears in it.
Rules about registration.     56. - (1) A Council may by rules make provision-
    (a) as to the keeping of the register;
    (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;
    (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.
      (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.
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-
    (a) takes or uses the title of social worker;
    (b) takes or uses any title or description implying that he is so registered,or in any way holds himself out as so registered,
  he is guilty of an offence.
      (2) For the purposes of subsection (1), a register is a relevant register if it is-
    (a) maintained by a Council; or
    (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.
      (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.
Codes of practice
Codes of practice.     58. - (1) Each Council shall prepare and from time to time publish codes of practice laying down-
    (a) standards of conduct and practice expected of social care workers; and
    (b) standards of conduct and practice in relation to social care workers, being standards expected of persons employing or seeking to employ them.
      (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) A code published by a Council shall 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) 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.
      (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.
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