Health and Social Care Bill (HC Bill 221)

(4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other
than the social work profession in England)”.

(5) After that subsection insert—

“(2ZA) In subsections (1) and (2), “the social work profession in England”
5means the profession engaged in social work in England; and for the
purposes of this section, “social work in England” means social work
which is required in connection with any health, education or social
services provided in England.”

(6) After subsection (2ZA) insert—

“(2ZB) 10In subsection (1)(bc) and (bd), “social care workers in England” means
persons who are engaged in social care work in England.

(2ZC) For that purpose, “social care work in England” means work (other
than social work in England) that is of any of the following
descriptions—

(a) 15employment at a children’s home, care home or residential
family centre in England,

(b) management of a home or centre of a kind mentioned in
paragraph (a),

(c) employment for the purposes of a domiciliary care agency,
20fostering agency, voluntary adoption agency or adoption
support agency, in so far as the agency provides services to
persons in England,

(d) management of an agency of a kind mentioned in paragraph (c),

(e) work for the purposes of the social services functions of a local
25authority whose area is in England,

(f) the provision in England of services similar to services which
may or must be provided by a local authority in the exercise of
its social services functions,

(g) the provision of personal care for persons in England,

(h) 30employment (in an undertaking other than an establishment or
agency) which consists of or includes supplying, or providing
services for the purpose of supplying, persons to provide
personal care for persons in England,

(i) management of an undertaking of the kind mentioned in
35paragraph (h),

(j) employment in connection with the discharge of functions of
the Secretary of State under section 80 of the Children Act 1989
(inspection of children’s homes),

(k) employment as a member of staff of the Office for Standards in
40Education, Children’s Services and Skills who inspects
premises under—

(i) section 87 of the Children Act 1989 (welfare of children
accommodated in independent schools and colleges),

(ii) section 31 of the Care Standards Act 2000 (inspections
45by persons authorised by registration authority), or

(iii) section 139 of the Education and Inspections Act 2006
(inspection by Chief Inspector),

(l) employment as a member of staff of the Care Quality
Commission who, under Part 1 of the Health and Social Care

Act 2008, inspects premises used for or in connection with the
provision of social care (within the meaning of that Part),

(m) management of staff mentioned in paragraph (k) or (l),

(n) employment at a day centre in England,

(o) 5participation in a course approved by the Health and Care
Professions Council under article 15 of the Health and Social
Work Professions Order 2001 for persons wishing to engage in
the social work profession in England.”

(7) After subsection (2ZC) insert—

“(2ZD) 10An expression used in subsection (2ZC) and in section 55 of the Care
Standards Act 2000 has the same meaning in that subsection as it has in
that section.”

(8) After subsection (2ZD) insert—

“(2ZE) The exercise of functions of an approved mental health professional by
15a member of a profession to which subsection (2) applies is not to be
regarded as social work of the kind engaged in by the social work
profession in England.”

(9) After subsection (2ZE) insert—

“(2ZF) In this section, “approved mental health professional” has the meaning
20given in section 114 of the Mental Health Act 1983.”

(10) For the title to section 60 of the Health Act 1999 substitute “Regulation of health
professions, social workers, other care workers etc.”.

(11) In section 60A of that Act (standard of proof in fitness to practise proceedings),
in subsection (2), for “a person’s fitness to practise a profession to which
25section 60(2) applies” substitute “a matter specified in subsection (2A)”.

(12) After that subsection insert—

“(2A) The matters are—

(a) a person’s fitness to practise a profession to which section 60(2)
applies;

(b) 30a person’s fitness to practise the social work profession in
England (within the meaning given by section 60);

(c) a person’s suitability to remain registered as a social care
worker in England (within the meaning given by that section).”

(13) In subsection (3) of that section, at the end insert “or the social work profession
35in England (within the meaning given in section 60(2ZA)”.

213 Training etc. of approved mental health professionals in England

In section 60 of the Health Act 1999 (regulation of health care professions etc.),
in subsection (1), after paragraph (e) insert—

“(ea) modifying the functions, powers or duties of the Health and
40Care Professions Council that relate to the education and
training of persons who are or wish to become approved mental
health professionals,”.

214 Orders regulating social care workers in England: further provision

(1) Schedule 3 to the Health Act 1999 (further provision as to power to make
Orders in Council under section 60 of that Act) is amended as follows.

(2) After paragraph 1 (matters generally within the scope of the Orders) insert—

“1A 5An Order may make provision, in relation to any social care workers
in England, for any of the following matters (among others)—

(a) the establishment and continuance of a regulatory body,

(b) the functions of the Health and Care Professions Council or
of another regulatory body,

(c) 10keeping registers of social care workers in England of any
description,

(d) privileges of registered persons,

(e) education and training,

(f) standards of conduct and performance,

(g) 15discipline,

(h) removal or suspension from registration or the imposition of
conditions on registration,

(i) investigation and enforcement by or on behalf of the Health
and Care Professions Council or another regulatory body,

(j) 20appeals,

(k) default powers exercisable by a person other than the Health
and Care Professions Council or another regulatory body.”

(3) After paragraph 1A insert—

“1B The provision that may be made by virtue of paragraph 1(e) or 1A(f)
25includes provision for standards of conduct and performance of
members of a profession, or social care workers in England, carrying
out the functions of an approved mental health professional.”

(4) In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-
paragraph (1), for paragraph (c) substitute—

“(c) 30the Health and Care Professions Council,”.

(5) In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph
(2) insert—

“(2ZA) Where an enactment provides for any function mentioned in sub-
paragraph (2ZB) to be exercised by the Health and Care Professions
35Council or another regulatory body, or any of its committees or
officers, an Order may not provide for any person other than that
body or any of its committees or officers to exercise that function.

(2ZB) The functions are—

(a) keeping the registers of social care workers in England of any
40description,

(b) determining standards of education and training required as
a condition of registration,

(c) giving advice about standards of conduct and performance.”

(6) In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph
45(1)(b)—

(a) after “represent any profession” insert “or any social care workers in
England”, and

(b) after “by any profession” insert “or any social care workers in England”.

(7) In paragraph 10 (interpretation)—

(a) 5at the appropriate place insert the following—

• ““social care work in England”, “social care workers in
  England” and “the social work profession in England”
  have the meaning given by section 60,”, and

(b) in the definition of “regulatory body”—

(i) 10after “any profession” insert “or any social care workers in
England”, and

(ii) after “the profession” insert “or the social care workers in
England concerned”.

(8) In paragraph 11 (application), after sub-paragraph (2) insert—

“(2A) 15References in section 60 and this Schedule to regulation, in relation
to social care workers in England, include—

(a) the regulation of persons seeking to be registered or who
were, but are no longer, allowed to be registered as social care
workers in England,

(b) 20the regulation of activities carried on by persons who are not
social care workers in England (or members of the social
work profession in England) but which are carried on in
connection with social care work in England.”

The General Social Care Council

215 25Abolition of the General Social Care Council

(1) The General Social Care Council is abolished.

(2) In section 54 of the Care Standards Act 2000 (the Care Councils)—

(a) in subsection (1), omit paragraph (a) and the “and” following it,

(b) in that subsection, for “conferred on them” substitute “conferred on it”,

(c) 30omit subsection (2),

(d) in subsection (4), for “Each Council” substitute “The Welsh Council”,

(e) in subsection (6), for “a Council” substitute “the Welsh Council”, and

(f) omit subsection (7).

(3) For the title to that section substitute “The Care Council for Wales”.

35The Health and Care Professions Council

216 Regulation of social workers in England

(1) The Health Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is amended as follows.

(2) In Schedule 3 (interpretation), in paragraph 1, in the definition of “relevant
professions”, at the appropriate place insert “social workers in England;”.

(3) In that paragraph, at the appropriate place insert—

• ““social worker in England” means a member of the social work
  profession in England, and references to “social work in
  England” are to be construed accordingly;”.

(4) 5In article 1(1) (citation), for “the Health Professions Order 2001” substitute “the
Health and Social Work Professions Order 2001”.

(5) In Schedule 1, in paragraph 1A (membership), in sub-paragraph (1)(b), after
paragraph (i) (but before the “and” following it) insert—

“(ia) are not and never have been registered as social
10workers in a register kept by the General Social Care
Council, the Care Council for Wales, the Scottish
Social Services Council or the Northern Ireland Social
Care Council;”.

(6) For the title to the Order substitute “Health and Social Work Professions Order
152001”.

(7) In the following provisions, for “the Health Professions Order 2001” substitute
“the Health and Social Work Professions Order 2001”—

(a) section 18(e) of the London County Council (General Powers) Act 1920;

(b) section 58(1A)(a) of the Medicines Act 1968;

(c) 20section 27(1A)(a) of the National Health Service (Scotland) Act 1978;

(d) section 3(11) of the Video Recordings Act 1984;

(e) paragraph (E) in the third column of the entry for the London County
Council (General Powers) Act 1920 in Schedule 2 to the Greater London
Council (General Powers) Act 1984;

(f) 25paragraph (c) of the definition of “establishment for special treatment”
in section 4 of the London Local Authorities Act 1991;

(g) paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value
Added Tax Act 1994;

(h) section 69(1)(h) of the Data Protection Act 1998;

(i) 30section 60(2)(c) of the Health Act 1999;

(j) section 29(1)(j) of the National Health Service Reform and Health Care
Professions Act 2002;

(k) section 126(4)(a) of the National Health Service Act 2006;

(l) section 80(4)(a) of the National Health Service (Wales) Act 2006;

(m) 35entry 10 in the table in section 41(7) of the Safeguarding Vulnerable
Groups Act 2006.

(8) In the definition of “registered psychologist” in each of the following
provisions, for “the Health Professions Order 2001” substitute “the Health and
Social Work Professions Order 2001”—

(a) 40section 307(1) of the Criminal Procedure (Scotland) Act 1995;

(b) section 207(6) of the Criminal Justice Act 2003;

(c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;

(d) section 25 of the Gender Recognition Act 2004.

217 The Health and Care Professions Council

(1) 45The body corporate known as the Health Professions Council—

(a) is to continue to exist, and

(b) is to change its name to the Health and Care Professions Council.

(2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
254) (the Council and its Committees), for sub-paragraph (1) substitute—

“(1) The Health and Care Professions Council is referred to in this Order as
5“the Council”.”

(3) For the title to that article substitute “The Health and Care Professions Council
and its Committees”.

(4) In Schedule 3 to that Order (interpretation), in the definition of “the Council”
in paragraph 1, for “the Health Professions Council established under article 3”
10substitute “the Health and Care Professions Council (formerly known as the
Health Professions Council and continued in existence by section 217 of the
Health and Social Care Act 2011)”.

218 Functions of the Council in relation to social work in England

(1) The Health and Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is amended
15as follows.

(2) In article 3 (the Council and its Committees), in paragraph (5)(b)—

(a) in paragraph (ii), omit “other”,

(b) omit the “and” following paragraph (iv), and

(c) after paragraph (v) insert “,

(vi) 20the regulation of social work in England, and

(vii) the provision, supervision or management of the
services of persons engaged in social work in
England.”

(3) In that article, after paragraph (5A) insert—

“(5AA) 25The public bodies with which the Council must co-operate for the
purposes of paragraph (5)(b) include in particular—

(a) the Care Council for Wales,

(b) the Scottish Social Services Council, and

(c) the Northern Ireland Social Care Council.”

(4) 30In that article, after paragraph (17) insert—

“(17A) The Council may—

(a) make recommendations to the Secretary of State concerning
social care workers in England who in its opinion should be
regulated pursuant to section 60(1)(bc) of the Health Act 1999;
35and

(b) give such guidance as it sees fit, to such persons as seem to it to
have an interest in such regulation, on the criteria to be taken
into account in determining whether social care workers in
England should be so regulated.”

(5) 40In article 6 (register), in paragraph (3)(aa), after “visiting health” insert “or
social work”; and in consequence of that—

(a) for the title to article 13A substitute “Visiting health or social work
professionals from relevant European States”, and

(b) in articles 7(4), 9(8) and 37(1)(aa), after “visiting health” insert “or social
work”.

(6) In article 10 (renewal of registration and readmission), in paragraph (6) after
“visiting health” insert “or social work”.

(7) 5In article 12 (approved qualifications), in paragraph (1), after sub-paragraph (c)
insert—

“(ca) where he is applying for admission to the register as a social
worker, he has, in Wales, Scotland or Northern Ireland,
undergone training in social work and—

(i) 10the training is recognised by the Council as meeting the
standard which it requires for admission to the part of
the register relating to the social work profession in
England, or

(ii) the training is not so recognised but he has undergone,
15whether in England or elsewhere, such additional
training or professional experience as satisfies the
Council that he has the requisite standard of proficiency
for admission to the part of the register relating to the
social work profession in England.”

(8) 20In that article, in paragraph (2)—

(a) omit the “and” preceding paragraph (b), and

(b) after that paragraph insert “; and

(c) assess training or professional experience acquired in
Wales, Scotland or Northern Ireland in social work and
25to compare it, together with qualifications mentioned in
sub-paragraph (a) where appropriate, with the standard
of proficiency required for admission to the part of the
register relating to the social work profession in
England.”

(9) 30After article 13A insert—

“13B Requirement for social workers in England to be registered

(1) A person may not practise as a social worker in England unless the
person is registered in the part of the register relating to the social work
profession in England.

(2) 35Paragraph (1) does not apply to a person who—

(a) is registered as a social worker in a register kept by the Care
Council for Wales, the Scottish Social Services Council or the
Northern Ireland Social Care Council, and

(b) is practising in England as a social worker on a temporary
40basis.”

(10) In article 19 (post-registration training), in paragraph (2A)(b), after “visiting
health” insert “or social work”.

(11) In article 20 (Wales), at the end insert “; but the reference to the Council’s
function under article 15(4)(b) does not include a reference to that function so
45far as relating to social work in England”.

(12) In article 39 (offences), after paragraph (1) insert—

“(1A) A person who is registered as a social worker in a register kept by the
Care Council for Wales, the Scottish Social Services Council or the
Northern Ireland Social Care Council is to be regarded for the purposes
5of paragraph (1)(b) as entitled to use the title of “social worker”.”

(13) In Schedule 3 (interpretation), in paragraph 1, in the definition of “visiting
health professional from a relevant European state”, after “health” in each
place it appears insert “or social work”.

219 Appeals in cases involving social workers in England

(1) 10The Health and Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is amended
as follows.

(2) In article 37 (appeals against decisions of the Education and Training
Committee), in paragraph (5A), at the end of sub-paragraph (a) insert “or
registered as a social worker in a register kept by the General Social Care
15Council, the Care Council for Wales, the Scottish Social Services Council or the
Northern Ireland Social Care Council”.

(3) In that article, in paragraph (8), after “paragraph (4)” insert “(other than a
hearing on an appeal relating to a social worker in England)”.

(4) In that article, after that paragraph insert—

“(8A) 20A hearing provided for by the rules made under paragraph (4) on an
appeal relating to a social worker in England is to be held in England.”

(5) In article 38 (appeals), after paragraph (1) insert—

“(1ZA) An appeal from a decision referred to in paragraph (1)(b) relating to
social workers in England shall lie only to the county court.”

(6) 25In that article, in paragraph (4), after “article” insert “(subject to paragraph
(5))”.

(7) In that article, after that paragraph insert—

“(5) In this article, in the case of an appeal relating to a social worker in
England, “the appropriate court” means the High Court of Justice in
30England and Wales.”

220 Approval of courses for approved mental health professionals

(1) Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions
etc.) is amended as follows.

(2) Before section 114A insert—

“114ZA 35Approval of courses: England

(1) The Health and Care Professions Council may approve courses for
persons who are, or wish to become, approved to act as approved
mental health professionals by a local social services authority whose
area is in England.

(2) 40The Council must publish a list of—

(a) the courses which are approved under this section, and

(b) the courses which have been, but are no longer, approved under
this section and the periods for which they were so approved.

(3) The functions of an approved mental health professional are not to be
considered to be relevant social work for the purposes of Part 4 of the
5Care Standards Act 2000.

(4) Where the function under subsection (1) is, in accordance with the
Health and Social Work Professions Order 2001, exercisable by a
committee of the Council, the committee may arrange for another
person to exercise the function on the Council’s behalf.”

(3) 10In section 114 (approval of mental health professionals by local social services
authority), in subsection (6), after “section” insert “114ZA or”.

(4) Section 114A (approval of courses) is amended as follows.

(5) For subsection (1) substitute—

“(1) The Care Council for Wales may, in accordance with rules made by it,
15approve courses for persons who are, or wish to become, approved to
act as approved mental health professionals by a local social services
authority whose area is in Wales.”

(6) Omit subsection (3).

(7) In subsection (5), omit “General Social Care Council and the”.

(8) 20For the title to that section substitute “Approval of courses: Wales”.

221 Exercise of function of approving courses, etc.

(1) The Health and Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is amended
as follows.

(2) In article 3 (the Council and its Committees), in paragraph (3), at the end insert
25“(and see also section 114ZA of the Mental Health Act 1983 (approval of
courses for approved mental health professionals))”.

(3) After paragraph (5) of that article insert—

“(5ZA) In the application of paragraph (5) to the functions of the Council that
relate to persons who are, or wish to become, approved mental health
30professionals in England, references to registrants are to be read as
including a reference to such approved mental health professionals in
England as are not registrants.”

(4) In article 14 (the Council’s education and training committee), after sub-
paragraph (b) insert—

“(ba) 35the setting of criteria under article 15B;”

(5) After article 15 insert—

“15A Exercise of function of approving courses for approved mental health
professionals

(1) The function under section 114ZA(1) of the Mental Health Act 1983
40(approval of courses for approved mental health professionals in
England) is exercisable by the Education and Training Committee.

(2) In relation to AMHP courses run outside the United Kingdom, section
114ZA(1) of that Act applies only in relation to courses run by
institutions which are approved in accordance with article 15B(3).

(3) In this article and articles 15B to 18, “AMHP course” means a course of
5the kind referred to in section 114ZA(1) of the Mental Health Act 1983.”

15B Criteria for approving courses for approved mental health
professionals

(1) The Council must set the criteria to be applied in exercising the function
under section 114ZA(1) of the Mental Health Act 1983.

(2) 10The Education and Training Committee must—

(a) ensure that universities and other bodies in the United
Kingdom concerned with the provision of AMHP courses are
notified of the criteria set under paragraph (1); and

(b) take appropriate steps to satisfy itself that the AMHP courses
15provided by such bodies meet those criteria.

(3) In performing the function under paragraph (2)(b), the Committee
may, in particular, approve or arrange with others to approve
institutions which the Committee considers to be properly organised
and equipped for conducting AMHP courses.

(4) 20The Council must from time to time publish a statement of the criteria
set under paragraph (1).

(5) An AMHP course is to be treated for the purposes of articles 16 to 18 as
a relevant course of education or training.”

(6) In article 16 (visitors), in paragraph (6), at the end insert “; but that does not
25apply to AMHP courses.”

(7) In article 17 (information), after paragraph (3) insert—

“(3A) The reference in paragraph (3) to the functions of the Committee under
this Order includes a reference to the function under section 114ZA(1)
of the Mental Health Act 1983 (approval of courses for approved
30mental health professionals) in so far as that function is exercisable by
the Committee.”

(8) In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—

“(1A) Where as a result of any visitor’s report or other information acquired
by the Committee or the Council, and taking account of the
35observations received from the institution under article 16(9), the
Committee is of the opinion that an AMHP course does not meet the
criteria set under article 15B(1), it may refuse to approve, or withdraw
approval from, the course.”

(9) In that article—

(a) 40in paragraph (3), after “paragraph (1)” insert “or (1A)”, and

(b) in paragraph (6), after “paragraph (1)” in each place it appears insert
“or, as the case may be, (1A)”.

(10) In article 21(1)(a) (Council’s duty to establish standards of conduct etc. and
give guidance), after “prospective registrants” insert “(including registrants or