STATUTORY INSTRUMENTS

S.I. No. 368 of 2001

Freedom of Information Act, 1997 (Classes of Health Professionals) Regulations, 2001

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by sections 3 and 28(7) of the Freedom of Information Act, 1997 (No. 13 of 1997) , having consulted with the Minister for Health and Children, hereby make the following regulations:

1.       These Regulations may be cited as the Freedom of Information Act, 1997 (Classes of Health Professionals) Regulations, 2001.

2.       In these Regulations:

“clinical psychologist” means a person holding a qualification in clinical psychology recognised by the Minister for Health and Children, and who has been practising as a clinical psychologist for at least three out of the last five years, which practice shall have occurred after the award of the qualification concerned;

“letter of accreditation” has the same meaning as it has in the National Social Work Qualifications Board (Establishment) Order, 1997 ( S.I. No. 97 of 1997 );

“social worker” means (other than in the term “class of social worker” in Regulation 5) a person holding -

(a)      the National Qualification in Social Work (N.Q.S.W.) issued by the National Social Work Qualification Board, or

(b)      the Certificate of Qualification in Social Work (C.Q.S.W.) issued by the National Validation Body on Social Work Qualifications and Training, or

(c)      a letter of accreditation from the National Social Work Qualifications Board.

3.       In calculating a period of time for the purposes of these Regulations the calculation shall be made by counting back in time from the date on which it is contended by the person concerned that he or she has completed the required period of practice.

4.       Clinical psychologists are prescribed as a class of health worker for the purposes of section 28(7) of the Freedom of Information Act, 1997 (No. 13 of 1997) .

5.       Social workers are prescribed as a class of social worker for the purposes of section 28(7) of the Freedom of Information Act, 1997 .

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe classes of health worker and social worker for the purposes of section 28(7) of the Freedom of Information Act (FOI), 1997. Their effect is to widen the meaning of “health professional” in section 28 of the FOI Act to include persons holding either the National Qualification in Social Work (N.Q.S.W.) issued by the National Social Work Qualification Board, the Certificate of Qualification in Social Work (C.Q.S.W.) issued by the National Validation Body on Social Work Qualifications and Training, a letter of accreditation from the National Social Work Qualifications Board or a qualification in clinical psychology recognised by the Minister for Health and Children where the person concerned has been practising as a clinical psychologist for a minimum of three out of the last five years following the award of the qualification concerned.