Amendment of the 2018 Regulations2
1
The 2018 Regulations are amended as follows.
2
In regulation 7 (duty to co-operate), in paragraph (1)(a)(i), (ii) and (vii), after “in England” insert “or elsewhere”
.
3
After regulation 7 insert—
Disclosure of information relating to functions7A
1
Where the regulator receives a request from any person (P) to disclose information to P, the regulator must disclose that information to P where the regulator considers such disclosure—
a
to relate to any of the regulator’s functions under the Act; and
b
to be in the public interest.
2
The regulator may disclose to any person any information relating to a registered social worker’s fitness to practise where the regulator considers the disclosure to relate to any of the regulator’s functions under the Act.
3
Except as provided by paragraph (4), the disclosure of information under paragraph (1) or (2) does not breach—
a
any obligation of confidence owed by the person making the disclosure; or
b
any other restriction on the disclosure of information (however imposed).
4
Paragraphs (1) and (2) do not authorise a disclosure of information if the disclosure would contravene the data protection legislation, where “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
4
In regulation 9 (content of the register), in paragraph (4) for “mentioned in paragraph (2)(a), (b) or (d)” substitute “under paragraph 12(3)(b) of Schedule 2”
.
5
In regulation 14 (removal from the register)—
a
omit paragraph (1)(c)(i);
b
after paragraph (1) insert—
1A
Where a registered social worker—
a
requests the removal of their entry from the register, and
b
at the time of that request, is subject to fitness to practise proceedings,
the regulator may remove their entry from the register
c
in paragraph (8), in the words before sub-paragraph (a), after “paragraph (1)” insert “or (1A)”
;
d
after paragraph (8) insert—
9
Where an entry relating to a registered social worker is removed from the register pursuant to paragraph (1A), the list referred to in paragraph (8)—
a
may include the particulars of the removal;
b
must not include any information relating to the registered social worker’s physical or mental health.
6
In regulation 26 (automatic removal from the register)—
a
in paragraph (5)(a), omit “subject to paragraph (7),”;
b
omit paragraph (7);
c
in paragraph (8)(b), for “13” substitute “14”
.
7
In regulation 32 (offences in connection with the provision of information), in paragraph (1)—
a
in sub-paragraph (d), for “paragraph 1(3)(a)” substitute “paragraph 1(1A) or (3)(a)”
;
b
in sub-paragraph (e), before “investigators” insert “the regulator or”
.
8
In regulation 34—
a
for paragraph (b) substitute—
b
a decision made under regulation 15(6) (to restore a person to the register after a previous removal order),
b
in paragraph (g), for “paragraph 15(2)” substitute “paragraph 15(1) or (2)”
.
9
Schedule 2 (fitness to practise proceedings) is amended in accordance with the Schedule.
10
At the end of Schedule 3 (listed offences) insert—
14
An offence under the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 20153—
a
section 1 (slavery, servitude and forced or compulsory labour);
b
section 2 (human trafficking).