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

Role of the Secretary of State

Section 221 – Functions of the Secretary of State in relation to social care workers

1309.This section amends section 67 of the 2000 Act to change certain functions of the Secretary of State.

1310.Section 67 sets out the functions of the Secretary of State in relation to the training of social workers and social care workers in England. These functions include ascertaining what training is required by those who are, or who wish to become, social workers or social care workers and drawing up occupational standards for them.

1311.Following the transfer of the regulation of social workers in England to the Council, it will become the Council’s responsibility to carry out similar functions. As such, subsection (1) provides that these Secretary of State functions do not extend to social workers registered by the Council.

1312.This section amends subsection (2) of section 67 of the 2000 Act to give the Secretary of State the function of encouraging persons to take part in courses approved by the Council for the purposes of being registered as a social worker in England.

1313.Subsection (3) provides that the Secretary of State may make arrangements with the Council for the latter to undertake the functions of the General Social Care Council in the period from Royal Assent of the Act to the abolition of the General Social Care Council and so was commenced at Royal Assent.