prospective registrants carrying out the functions of an approved mental
health professional)”.

(11) In article 45 (finances of the Council), after paragraph (3) insert—

“(3A) The Secretary of State may make grants or loans to the Council towards
5expenses incurred, or to be incurred by it, in connection with the
exercise of its functions in relation to persons who are, or wish to
become, approved mental health professionals in England.”

222 Arrangements with other health or social care regulators

(1) After article 44 of the Health and Social Work Professions Order 2001 (S.I.
102002/254) insert—

“44A Arrangements with other persons who maintain registers of health or
social care workers

(1) The Council may make arrangements with any relevant person for the
Council to provide administrative, technical or advisory services to that
15person.

(2) A relevant person is a person or group of persons (whether inside or
outside the United Kingdom) who maintain—

(a) a register of members of a profession engaged in the provision
of health care,

(b) 20a register of persons engaged in, but who are not members of a
profession engaged in, the provision of health care,

(c) a register of members of the social work profession, or

(d) a register of persons engaged in social care work.”

(2) In Schedule 3 to that Order (interpretation), at the appropriate place, insert—

• 25““health care” includes—

  (a)

  all forms of health care for individuals, whether relating
  to physical or mental health, and

  (b)

  procedures that are similar to forms of medical or
  surgical care but are not provided in connection with a
  30medical condition;”.

223 References in enactments to registered health professionals, etc.

(1) In section 58 of the Medicines Act 1968 (medicinal products on prescription
only), after subsection (1A) insert—

“(1ZA) Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so
35far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”

(2) In section 27 of the National Health Service (Scotland) Act 1978 (arrangements
for provision of pharmaceutical services), after subsection (1B) insert—

“(1C) 40Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so
far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”

(3) In section 3 of the Video Recordings Act 1984 (exempted supplies), after
subsection (11) insert—

“(11A) But subsection (11) does not apply to a person in so far as the person is
required to register under the Health and Social Work Professions
5Order 2001 as a member of the social work profession in England
(within the meaning of section 60 of the Health Act 1999).”

(4) In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption
for medical care services), in the Notes, after Note (2) insert—

“2ZA Paragraph (c) of item 1 does not include supplies of services made by
10a person in the capacity of a registered member of the social work
profession in England (within the meaning of section 60 of the Health
Act 1999).”

(5) In section 69 of the Data Protection Act 1998 (meaning of “health
professional”), at the end of paragraph (h) of subsection (1), insert “, except in
15so far as the person is registered as a social worker in England (within the
meaning of that Order)”.

(6) In section 25 of the National Health Service Reform and Health Care
Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after
subsection (3) insert—

“(3A) 20A reference in an enactment to a body mentioned in subsection (3) is
not (unless there is express provision to the contrary) to be read as
including a reference to the Health and Care Professions Council, or a
regulatory body within subsection (3)(j), so far as it has functions
relating to—

(a) 25the social work profession in England, or

(b) social care workers in England.

(3B) For the purposes of subsection (3A)—

• “enactment” means an enactment contained in—

  (a)

  an Act, an Act of the Scottish Parliament or an Act or
  30Measure of the National Assembly for Wales (whether
  passed before or after the commencement of this
  subsection), or

  (b)

  subordinate legislation (within the meaning of the
  Interpretation Act 1978), an instrument made under an
  35Act of the Scottish Parliament, an Act or Measure of the
  National Assembly for Wales or Northern Ireland
  legislation (whether made before or after that
  commencement), and

• “the social work profession in England” and “social care workers
  40in England” have the meaning given in section 60 of the 1999
  Act.”

(7) In section 126 of the National Health Service Act 2006 (arrangements for
provision of pharmaceutical services), after subsection (4) insert—

“(4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so
45far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”

(8) In section 80 of the National Health Service (Wales) Act 2006 (arrangements for
provision of pharmaceutical services), after subsection (4) insert—

“(4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so
far as they are registered as members of the social work profession in
5England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”

Role of the Secretary of State

224 Functions of the Secretary of State in relation to social care workers

(1) In section 67 of the Care Standards Act 2000 (functions of the appropriate
10Minister), after subsection (1) insert—

“(1A) But the Secretary of State may not exercise the function under
subsection (1)(a) or (d) in relation to a social worker who is registered
as such in a register maintained under article 5 of the Health and Social
Work Professions Order 2001.”

(2) 15In subsection (2) of that section, after “take part in” insert “courses approved
by the Health and Care Professions Council under article 15 or by virtue of
article 19(4) of the Health and Social Work Professions Order 2001 for persons
who are or wish to become social workers,”.

(3) The Secretary of State may make arrangements with the Health and Care
20Professions Council for the discharge, during the relevant period, of the
functions of the General Social Care Council; and for that purpose “the relevant
period” is the period—

(a) beginning with the day on which this Act is passed, and

(b) ending with the commencement of section 215(1).

25The Professional Standards Authority for Health and Social Care

225 The Professional Standards Authority for Health and Social Care

(1) The body corporate known as the Council for Healthcare Regulatory
Excellence—

(a) is to continue to exist, and

(b) 30is to change its name to the Professional Standards Authority for Health
and Social Care.

(2) In consequence of that, in section 25 of the National Health Service Reform and
Health Care Professions Act 2002 (which establishes the Council for Healthcare
Regulatory Excellence), in subsection (1)—

(a) 35for “the Council for Healthcare Regulatory Excellence” substitute “the
Professional Standards Authority for Health and Social Care”, and

(b) for ““the Council”” substitute ““the Authority””.

(3) For the title of section 25 of that Act substitute “The Professional Standards
Authority for Health and Social Care”.

(4) 40For the cross-heading preceding that section substitute “The Professional
Standards Authority for Health and Social Care”.

(5) For the title of Part 2 of that Act substitute “Health and Social Care
Professions etc.”.

226 Functions of the Authority

(1) In section 25 of the National Health Service Reform and Health Care
5Professions Act 2002 (the Professional Standards Authority), in subsection
(2)(a), for “patients” substitute “users of health care, users of social care in
England, users of social work services in England”.

(2) In subsection (2A) of that section, for “patients” substitute “users of health care,
users of social care in England, users of social work services in England”.

(3) 10In section 26A of that Act (powers of Secretary of State etc. to request the
Authority for advice), after subsection (1) insert—

“(1A) The Secretary of State may request the Authority for advice on any
matter connected with the social work profession, or social care
workers, in England; and the Authority must comply with such a
15request.”

(4) After subsection (2) of that section insert—

“(2A) A person to whom the Authority gives advice, or for whom it
investigates and reports on a matter, under this section must pay such
fee as the Authority determines; and the fee may be charged by
20reference to the advice or the investigation and report concerned or on
a periodic basis.”

(5) In section 26B of that Act (duty to inform and consult the public), in subsection
(4)(b), for “patients” substitute “users of health care, users of social care in
England or users of social work services in England”.

(6) 25In section 29 of that Act (reference of disciplinary cases to court by the
Authority), in subsection (5), after “subsection (4)” insert “(subject to
subsection (5A))”.

(7) After subsection (5) of that section insert—

“(5A) In the case of a social worker in England, the “relevant court” means the
30High Court of Justice in England and Wales.”

(8) In paragraph 16 of Schedule 7 to that Act (reports and other information), in
sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of
social care in England, users of social work services in England”.

227 Funding of the Authority

(1) 35After section 25 of the National Health Service Reform and Health Care
Professions Act 2002 insert—

“25A Funding of the Authority

(1) The Privy Council must by regulations require each regulatory body to
pay the Authority periodic fees of such amount as the Privy Council
40determines in respect of such of the Authority’s functions in relation to
that body as are specified in the regulations.

(2) A reference in this section to the Authority’s functions does not include
a reference to its functions under sections 25G to 25I and 26A.

(3) The regulations must, in particular, provide for the method of
determining the amount of a fee under the regulations.

(4) 5Before determining the amount of a fee under the regulations, the Privy
Council must request the Authority to make a proposal as to the
amount of funding that it considers it requires in order to perform for
the period to which the fee would apply such of its functions in relation
to the regulatory bodies as are specified in the regulations.

(5) 10The Authority must—

(a) comply with a request under subsection (4), but

(b) before doing so, consult the regulatory bodies.

(6) Having received a proposal under subsection (5), the Privy Council
may consult the regulatory bodies.

(7) 15Having taken into account such representations as it receives from
consultees, the Privy Council must—

(a) make a proposal as to the amount of funding that it considers
the Authority requires in order to perform for the period to
which the fee would apply such of its functions in relation to the
20regulatory bodies as are specified in the regulations, and

(b) determine in accordance with the method provided for under
subsection (3) the amount of the fee that each regulatory body
would be required to pay.

(8) The Privy Council must—

(a) 25consult the Authority about the proposal under subsection
(7)(a) and the determinations under subsection (7)(b), and

(b) consult each regulatory body about the determination under
subsection (7)(b) of the amount it would be required to pay.

(9) Having taken into account such representations as it receives from
30consultees, the Privy Council must—

(a) determine the amount of funding that the Authority requires in
order to perform for the period to which the fee would apply
such of its functions in relation to the regulatory bodies as are
specified in the regulations, and

(b) 35determine in accordance with the method provided for under
subsection (3) the amount of the fee that each regulatory body
is to be required to pay.

(10) Regulations under this section requiring payment of a fee may make
provision—

(a) 40requiring the fee to be paid within such period as is specified;

(b) requiring interest at such rate as is specified to be paid if the fee
is not paid within the period specified under paragraph (a);

(c) for the recovery of unpaid fees or interest.

(11) The regulations may enable the Privy Council to redetermine the
45amount of a fee provided for under the regulations, on a request by the
Authority or a regulatory body or on its own initiative.

(12) Before making regulations under this section, the Privy Council must
consult—

(a) the Authority,

(b) the regulatory bodies, and

(c) 5such other persons as it considers appropriate.”

(2) In section 25(5) of that Act (meaning of “this group of sections”) for “26”
substitute “25A”.

(3) In section 38 of that Act (regulations and orders) after subsection (3) insert—

“(3A) A statutory instrument containing regulations made by the Privy
10Council under section 25A shall be subject to—

(a) annulment in pursuance of a resolution of either House of
Parliament, or

(b) where the regulations include provision which would be within
the legislative competence of the Scottish Parliament if it were
15included in an Act of that Parliament, annulment in pursuance
of a resolution of either House of Parliament or the Scottish
Parliament.”

(4) In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority),
after sub-paragraph (2) insert—

“(2A) 20The Authority may borrow money for the purposes of or in
connection with its functions; and sub-paragraphs (3) and (4) are
without prejudice to the generality of this sub-paragraph.”

(5) In that paragraph, omit sub-paragraphs (5) and (6).

228 Power to advise regulatory bodies, investigate complaints, etc.

(1) 25After section 25A of the National Health Service Reform and Health Care
Professions Act 2002 insert—

“25B Power of the Authority to advise regulatory bodies etc.

(1) The Authority may, for the purpose of assisting the Authority in its
performance of its functions under this group of sections, provide
30advice or provide auditing services to—

(a) a regulatory body;

(b) a body which has functions (whether or not relating to health or
social care) corresponding to those of a regulatory body.

(2) A body to which the Authority provides advice or auditing services
35under this section must pay such fee as the Authority may determine.

(3) In this section, “this group of sections” has the meaning given by
section 25(5) but does not include section 26A.”

(2) In section 28(1) of that Act (power to make regulations about investigation by
the Authority of complaints about regulatory bodies), for “The Secretary of
40State” substitute “The Privy Council”.

(3) In section 38(2) of that Act (regulations and orders), omit “regulations under
section 28 or”.

229 Accountability and governance

(1) Schedule 7 to the National Health Service Reform and Health Care Professions
Act 2002 (constitution etc. of the Authority) is amended as follows.

(2) In paragraph 4 (membership and chair)—

(a) 5in paragraph (e), for “the Secretary of State” substitute “the Privy
Council”, and

(b) in paragraph (f), for “two executive members” substitute “one
executive member”.

(3) In paragraph 6 (appointments), for “The Secretary of State” substitute “The
10Privy Council”.

(4) In paragraph 10 (remuneration and allowances)—

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State”
substitute “the Authority”, and

(b) for sub-paragraphs (3) and (4) substitute—

“(3) 15The Authority may provide for the payment of such pension,
allowance or gratuities as it may determine to or in respect of
a person who is or has been the chair or any other member of
the Authority.

(4) The Authority may, where it considers there are special
20circumstances that make it right for a person ceasing to hold
office as chair of the Authority to receive compensation, pay
the person such compensation as it may determine.”

(5) In paragraph 11 (employees)—

(a) in sub-paragraph (1), for “members” substitute “member”, and

(b) 25in sub-paragraph (2), for “members must be employees” substitute
“member must be an employee”.

(6) In paragraph 15 (accounts)—

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State”
substitute “the Privy Council”, and

(b) 30in sub-paragraph (3)—

(i) omit “the Secretary of State and”, and

(ii) for “the Secretary of State” substitute “the Privy Council”.

(7) In paragraph 16 (reports and other information), after sub-paragraph (1A)
insert—

“(1B) 35The Authority must, by such date in each year as the Privy Council
determines, publish—

(a) a strategic plan for the Authority for the coming financial
year, and

(b) a strategic plan for the Authority for such of the subsequent
40financial years as the Authority may determine.”

(8) In sub-paragraph (2) of that paragraph, after “its report for that year”
insert “, and a copy of each of its strategic plans published in that year,”.

(9) In section 38 of that Act (regulations and orders), after subsection (3A)

(inserted by section 227(3)) insert—

“(3B) A statutory instrument containing regulations made by the Privy
Council under paragraph 6 of Schedule 7 is subject to annulment in
pursuance of a resolution of either House of Parliament.”

230 5Appointments to regulatory bodies

After section 25B of the National Health Service Reform and Health Care
Professions Act 2002 insert—

“25C Appointments to regulatory bodies

(1) The Privy Council and a regulatory body may make arrangements for
10the regulatory body or other persons to assist the Privy Council in
connection with its exercise of its appointment power in relation to the
regulatory body.

(2) The Privy Council and the Authority may make arrangements for the
Authority to assist the Privy Council in connection with—

(a) 15its exercise of its appointment power in relation to a regulatory
body;

(b) its exercise of its power under paragraph 4 of Schedule 7.

(3) The Privy Council may make arrangements with any other person to
assist it in connection with—

(a) 20its exercise of its appointment power in relation to a regulatory
body;

(b) its exercise of its power under paragraph 4 of Schedule 7.

(4) The Scottish Ministers and the Authority may make arrangements for
the Authority to assist them in connection with their exercise of their
25power under that paragraph.

(5) The Welsh Ministers and the Authority may make arrangements for the
Authority to assist them in connection with their exercise of their power
under that paragraph.

(6) The Department of Health, Social Services and Public Safety in
30Northern Ireland may make arrangements for the Authority to assist
the Department in connection with its exercise of its power under that
paragraph.

(7) In this section, “regulatory body” does not include the Pharmaceutical
Society of Northern Ireland.

(8) 35In this section, “appointment power” means—

(a) in relation to the General Medical Council, the power under
paragraph 1A(2) of Schedule 1 to the Medical Act 1983,

(b) in relation to the General Dental Council, the power under
paragraph 1A(2) of Schedule 1 to the Dentists Act 1984,

(c) 40in relation to the General Optical Council, the power under
paragraph 1A(2) of Schedule 1 to the Opticians Act 1989,

(d) in relation to the General Osteopathic Council, the power under
paragraph 1A(2) of the Schedule to the Osteopaths Act 1993,

(e) in relation to the General Chiropractic Council, the power
under paragraph 1A(2) of Schedule 1 to the Chiropractors
Act 1994,

(f) in relation to the General Pharmaceutical Council, the power
5under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010
(S.I. 2010/231S.I. 2010/231),

(g) in relation to the Nursing and Midwifery Council, the power
under paragraph 1A(2) of Schedule 1 to the Nursing and
Midwifery Order 2001 (S.I. 2002/253S.I. 2002/253), and

(h) 10in relation to the Health and Care Professions Council, the
power under paragraph 1A(2) of Schedule 1 to the Health and
Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254).

(9) A reference to assisting in connection with the exercise of a power does
not include a reference to exercising the power.”

231 15Establishment of voluntary registers

After section 25C of the National Health Service Reform and Health Care
Professions Act 2002 insert—

“25D Power of regulatory bodies to establish voluntary registers

(1) A regulatory body may establish and maintain a voluntary register of
20persons who are (and, where the body thinks appropriate, persons who
have been)—

(a) unregulated health professionals;

(b) unregulated health care workers;

(c) unregulated social care workers in England;

(d) 25participating in studies that come within subsection (2) or (3).

(2) Studies come within this subsection if they are studies for the purpose
of becoming a member of—

(a) a profession to which section 60(2) of the Health Act 1999
applies, or

(b) 30the social work profession in England.

(3) Studies come within this subsection if they are studies for the purpose
of becoming—

(a) an unregulated health professional,

(b) an unregulated health care worker, or

(c) 35an unregulated social care worker in England.

(4) A regulatory body may establish and maintain a register under
subsection (1)(a), (b) or (c) of only such persons as are (or have been)
engaged in work that supports, or otherwise relates to, work engaged
in by members of a profession which the body regulates; but this
40subsection does not apply to the Health and Care Professions Council.

(5) A regulatory body may establish and maintain a register under
subsection (1)(d) of only such persons as are (or have been)
participating in studies for the purpose of—

(a) in the case of studies coming within subsection (2), becoming a
45member of a profession which the body regulates,

(b) in the case of studies coming within subsection (3)(a), becoming
a member of a profession for which the body maintains a
voluntary register, or

(c) in the case of studies coming within subsection (3)(b) or (c),
5engaging in work in respect of which the body maintains a
voluntary register.

(6) The General Pharmaceutical Council may establish and maintain a
register under subsection (1) of only such persons as are (or have been)
engaged in work or participating in studies in England, Wales or
10Scotland.

(7) The Pharmaceutical Society of Northern Ireland may establish and
maintain a register under subsection (1) of only such persons as are (or
have been) engaged in work, or are participating in studies, in
Northern Ireland.

(8) 15A regulatory body may establish and maintain a register under
subsection (1) jointly with one or more other regulatory bodies.

(9) Where regulatory bodies establish and maintain a register in reliance
on subsection (8)—

(a) subsections (4) and (5) apply to each body (but subsection (4)
20does not apply to the Health and Care Professions Council),

(b) subsection (6) applies to the General Pharmaceutical Council if
it is one of the bodies, and

(c) subsection (7) applies to the Pharmaceutical Society of Northern
Ireland if it is one of the bodies.

(10) 25But subsections (6) and (7) do not apply where the bodies concerned are
or include the General Pharmaceutical Council and the Pharmaceutical
Society of Northern Ireland.

(11) Accordingly, in those circumstances, the General Pharmaceutical
Council and the Pharmaceutical Society of Northern Ireland may
30jointly establish and maintain a register of persons who are (and, where
they consider appropriate, have been) engaged in work or participating
in studies anywhere in the United Kingdom.

(12) A request to be registered, or to continue to be registered, in a register
established under subsection (1) must be accompanied by a fee of such
35amount as the regulatory body (or bodies) concerned may determine.

25E Section 25D: interpretation

(1) This section applies for the purposes of section 25D.

(2) “Voluntary register” means a register of persons in which a person is
not required by an enactment to be registered in order to be entitled
40to—

(a) use a title,

(b) practise as a member of a profession,

(c) engage in work that involves the provision of health care,

(d) engage in work of a description given in section 60(2ZC) of the
45Health Act 1999 (social care work in England), or

(e) participate in studies that come within section 25D(2) or (3).