SOCIAL CARE Citation, commencement and interpretation 1 1 This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Order 2005 and shall come into force on 1st July 2005. 2 In this Order– “ the Act ” means the Regulation of Care (Scotland) Act 2001; “child” means– for the purposes of paragraph (a) of the definition of “residential child care service”, a person under the age of sixteen years; for the purposes of paragraph (b) of the definition of “residential child care service”, a child within the meaning of section 135(1) (interpretation) of the Education (Scotland) Act 1980 ; and for the purposes of paragraph (c) of the definition of “residential child care service”, a child within the meaning of section 93(2)(b) (interpretation) of the Children (Scotland) Act 1995 ; “residential child care service” means a service which consists in the provision of personal care or personal support– to any child as part of a care home service ; to any child as part of a school care accommodation service other than the provision of residential accommodation where it is– provided by or under arrangements made by the managers of an independent school and does not provide personal care or support; provided by an education authority with respect to a special school within the meaning of the Education (Scotland) Act 1980; or a hostel provided by the local authority for the use of children to enable them to attend school; or to any child as part of a secure accommodation service ; and “residential child care worker” means a person who, not being a social worker , is employed in the provision of (or in managing the provision of) a residential child care service. 3 In this Order a reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which that reference occurs. Description of social service worker 2 For the purposes of section 44(1)(b) of the Act, the description of social service worker prescribed is, subject to article 3, a person who is– a an employee of the Commission who is also an authorised person within the meaning of sections 25 and 27 of the Act; b a residential child care worker who is the manager of a residential child care service; c a residential child care worker who– i does not fall within paragraph (b); and ii supervises any other residential child care worker; or d a residential child care worker who does not fall within either paragraph (b) or paragraph (c)(ii). Excluded persons 3 1 A person who is registered with or (as the case may be) is a member of one or more of the following bodies is excluded from the description of social service worker in article 2– a the General Social Care Council ; b the Northern Ireland Social Care Council ; c the Care Council for Wales ; d the General Medical Council ; e the General Teaching Council for England ; f the General Teaching Council for Wales ; g the General Teaching Council for Northern Ireland ; h the General Teaching Council for Scotland ; i the Health Professions Council ; j the Nursing and Midwifery Council ; k the General Dental Council ; or l the Royal Pharmaceutical Society of Great Britain . 2 A person who is listed in the British Psychological Society's Register of Chartered Psychologists is excluded from the description of social service worker in article 2. Revocation 4 The Regulation of Care (Social Service Workers) (Scotland) Order 2004 is hereby revoked. EUAN MACFARLANE ROBSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th June 2005