Explanatory Notes

Health and Social Care Act 2012

2012 CHAPTER 7

27 March 2012

Commentary on Sections

Part 7 – Regulation of Health and Social Care Workers

The Health and Care Professions Council

Section 213 – Regulation of social workers in England

1279.This section amends the 2001 Order to provide for the Council to regulate social workers in England. The 2001 Order establishes, and provides the legislative framework for, the Council.

1280.Subsection (2) amends Schedule 3 to the 2001 Order to include social workers in England as a ‘relevant profession’. This amendment is the means by which the Council will be required to regulate social workers in England.

1281.The membership of the Council is made up of registrant and lay members. As social workers in England will now be regulated by the Council, social workers should no longer be able to be lay members. Subsection (5) amends the definition of a lay member accordingly to exclude persons who are, or have been, registered as social workers with the General Social Care Council or the Care Councils of Wales, Scotland or Northern Ireland.