Health and Social Care Bill (HC Bill 221)

(3) An LHW may pay remuneration and allowances to persons who
are members of a committee or sub-committee of its but are not
members of the LHW.

Exercise of functions

6 (1) 5An LHW may arrange for a member, employee, committee or sub-
committee of its to exercise functions of its on its behalf.

(2) An LHW may arrange for some other person to exercise functions
of its on its behalf.

(3) An LHW may arrange for persons to assist it in the exercise of
10functions of its.

(4) Arrangements under sub-paragraph (2) or (3) may include
provision for the payment of remuneration or other amounts.

(5) In making arrangements under this paragraph, an LHW must act
with a view to securing that, so far as appropriate, the persons
15with whom it makes the arrangements (taken together) are
representative of—

(a) people who live in the LHW’s area,

(b) people to whom care services are being or may be
provided in that area, and

(c) 20people from that area to whom care services are being
provided in any place.

(6) In sub-paragraph (5), “care services” has the meaning given in
section 221.

Accounts

7 (1) 25An LHW must keep accounts in such form as the Secretary of State
may determine.

(2) An LHW must prepare annual accounts in respect of each
financial year in such form as the Secretary of State may
determine.

(3) 30An LHW must, within such period as the Secretary of State may
determine, send copies of its annual accounts to the Secretary of
State.

(4) The Secretary of State may direct an LHW that the accounts
prepared by it under this paragraph are to be audited in
35accordance with such requirements as are specified in the
direction; but subject to that, an LHW must arrange for the
accounts so prepared to be audited in such manner as it considers
appropriate.

(5) A direction under sub-paragraph (4) may be varied or revoked by
40a subsequent direction.

(6) In this paragraph, “financial year” means—

(a) the period beginning with the day on which the LHW is
established and ending with the following 31 March, and

(b) each successive period of 12 months ending with 31
March.”

Sections 233 and 234

SCHEDULE 16 Part 7: consequential amendments and savings

5Part 1 Abolition of The General Social Care Council

Amendments to the Care Standards Act 2000 (c. 14)Care Standards Act 2000 (c. 14)

1 The Care Standards Act 2000 is amended as follows.

2 In section 55(3)(g) (power to treat persons on certain social work courses as
10social care workers)—

(a) for “a Council” substitute “the Welsh Council”, and

(b) after “section 63” insert “, or by the Health and Care Professions
Council under article 15 of the Health and Social Work Professions
Order 2001,”.

3 15In section 56 (register of social care workers etc.)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,
and

(b) in subsection (4), for “the Council” substitute “the Welsh Council”.

4 In section 57 (applications for registration), in subsection (1), for “a Council”
20substitute “the Welsh Council”.

5 In section 58 (grant or refusal of registration), in subsection (1) for “the
Council” substitute “the Welsh Council”.

6 In section 58A (visiting social workers from relevant European States)—

(a) in subsections (3) and (7), for “a Council” substitute “the Welsh
25Council”, and

(b) in subsection (6), for “a Council, that” substitute “the Welsh Council,
the”.

7 In section 59 (removal etc. from register), in subsection (1), for “Each
Council” substitute “The Welsh Council”.

8 30In section 60 (rules about registration), for “A Council” substitute “The
Welsh Council”.

9 In section 61 (offence relating to use of title “social worker” etc.)—

(a) in subsection (1), after “a person” insert “in Wales”,

(b) in subsection (2)(a), for “a Council” substitute “the Welsh Council”,
35and

(c) in subsection (2)(b), after “the law of” insert “England and Wales so
far as applying in relation to England,”.

10 In section 62 (codes of practice)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,

(b) in subsections (3), (4) and (6), for “a Council” substitute “the
Council”, and

(c) in subsection (5), after “Local authorities” insert “in Wales”.

11 In section 63 (approval of courses etc.)—

(a) 5in subsection (1), for “Each Council” substitute “The Welsh Council”,
and

(b) in subsection (4), for “A Council” substitute “The Council”.

12 In section 64 (qualifications gained outside Council’s area)—

(a) in subsection (A1), for “a Council” substitute “the Welsh Council”,

(b) 10omit subsection (1), and

(c) for the title substitute “Qualifications gained outside the Welsh
Council’s area”.

13 In section 65(1) (power to make rules requiring registered persons to
undertake further training), for “A Council” substitute “The Welsh Council”.

14 15In section 66 (visitors for certain social work courses)—

(a) in subsection (1), for “A Council” substitute “The Welsh Council”,
and

(b) in subsection (3), for “a Council” substitute “the Council”.

15 In section 67 (functions of the appropriate Minister)—

(a) 20in subsection (2), for “a Council” substitute “the Welsh Council”, and

(b) in subsection (5), omit paragraph (a) (and the “or” following it).

16 In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a
Council” substitute “the Welsh Council”.

17 In section 69 (publication etc. of register), in subsection (1), for “A Council”
25substitute “The Welsh Council”.

18 In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council”
substitute “the Welsh Council”.

19 In section 113 (default Ministerial powers), omit subsection (1).

20 In section 121(13) (index of defined expressions)—

(a) 30omit the entry for references to the Council, the English Council and
the Welsh Council, and

(b) at the end insert—

21 Schedule 1 (the Care Councils) is amended as follows.

22 35Omit paragraph 1 (introductory).

23 In paragraph 2 (status)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “an authority’s” substitute “the Council’s”.

24 In paragraph 3(1) (general powers), for “the Secretary of State, an authority”
40substitute “the Welsh Ministers, the Welsh Council”.

25 In paragraph 4 (general duty), for “an authority” substitute “the Welsh
Council”.

26 For paragraph 5 (membership)—

(a) for “Each authority” substitute “The Welsh Council”, and

(b) 5for “the Secretary of State” substitute “the Welsh Ministers”.

27 In paragraph 6 (appointment, procedure etc.)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Welsh Council”,

(c) in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each
10place it appears) for “an authority” substitute “the Council”, and

(d) in paragraph (c), for “the authority” substitute “the Council”.

28 (1) Paragraph 7 (remuneration and allowances) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”,

(b) 15for “the authority”, in each place it appears, substitute “the Council”,
and

(c) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “the Secretary of State so determines” substitute “the Welsh
20Ministers so determine”,

(b) for “an authority”, in each place it appears, substitute “the Council”,
and

(c) for “the Secretary of State” substitute “the Welsh Ministers”.

(4) In sub-paragraph (3)—

(a) 25for “the Secretary of State determines” substitute “the Welsh
Ministers determine”,

(b) for “an authority” substitute “the Council”,

(c) for “the authority” substitute “the Council”, and

(d) for “the Secretary of State” substitute “the Welsh Ministers”.

29 (1) 30Paragraph 8 (chief officer) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “each authority” substitute “the Welsh Council”, and

(b) for “the authority”, in each place it appears, substitute “the Council”.

(3) In sub-paragraph (2), for “the Secretary of State”, in each place it appears,
35substitute “the Welsh Ministers”.

(4) In sub-paragraph (3), for “the authority” substitute “the Council”.

(5) In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh
Ministers”.

30 (1) Paragraph 12 (staff) is amended as follows.

(2) 40In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.

(3) In sub-paragraph (2)—

(a) for “an authority” substitute “the Council”, and

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

(4) In sub-paragraph (3), for “an authority” substitute “the Council”.

(5) In sub-paragraph (4)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) 5in paragraph (a), for “an authority” substitute “the Council”, and

(c) in paragraph (c), for “the authority” substitute “the Council”.

31 (1) Paragraph 13 (delegation of functions) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) 10for “the authority” substitute “the Council”.

(3) In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

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

32 In paragraph 14 (arrangements for the use of staff)—

(a) 15for “The Secretary of State” substitute “The Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Welsh Council”,
and

(c) in paragraph (b), for “an authority” substitute “the Council”, and for
“the authority” substitute “the Council”.

33 20In paragraph 16 (payments to authorities)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) for “an authority” substitute “the Welsh Council”, and

(c) for “he considers” substitute “they consider”.

34 (1) Paragraph 18 (accounts) is amended as follows.

(2) 25In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

(b) 30for “the Secretary of State” substitute “the Welsh Ministers”.

(4) In sub-paragraph (3)—

(a) for “An authority” substitute “The Council”,

(b) for “the Secretary of State”, in each place it appears, substitute “the
Welsh Ministers”, and

(c) 35for “the Comptroller and Auditor General” substitute “the Auditor
General for Wales”.

(5) In sub-paragraph (4)—

(a) for “The Comptroller and Auditor General” substitute “The Auditor
General for Wales”, and

(b) 40for “Parliament” substitute “the Assembly”.

(6) In sub-paragraph (5)—

(a) for “an authority” substitute “the Council”, and

(b) in paragraph (a), for “the authority” substitute “the Council”.

35 (1) Paragraph 19 (reports etc.) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) 5for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An Authority” substitute “The Council”,

(b) for “the Secretary of State” substitute “the Welsh Ministers”, and

(c) for “he” substitute “they”.

(4) 10In sub-paragraph (3), for “the authority” substitute “the Council”.

36 In paragraph 20 (application of seal)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) in paragraphs (a) and (b), for “the authority” substitute “the
Council”.

37 15In paragraph 21 (evidence), for “an authority” substitute “the Welsh
Council”.

38 For the title to Schedule 1 substitute “The Welsh Council”.

Amendments to the Health and Social Care Act 2008 (c. 14)Health and Social Care Act 2008 (c. 14)

39 The Health and Social Care Act 2008 is amended as follows.

40 (1) 20In section 124 (regulation of social care workers)—

(a) in subsection (1), for “appropriate Minister”, in each place it appears,
substitute “Welsh Ministers”,

(b) in that subsection, for “their regulation” substitute “the regulation of
social care workers”, and

(c) 25in subsection (3), omit the definition of “the appropriate Minister”.

(2) For the title to that section substitute “Regulation of social care workers:
Wales”.

41 Section 125 (standard of proof in proceedings relating to registration of
social care worker)—

(a) 30in subsection (2), for “a committee of a Council, a Council itself or
any officer of a Council” substitute “the Care Council for Wales, a
committee of the Council or any officer of the Council”, and

(b) in subsection (3), omit paragraph (a).

42 (1) Section 126 (education and training of approved mental health
35professionals) is amended as follows.

(2) In subsection (1)—

(a) for “appropriate Minister” substitute “Welsh Ministers”, and

(b) omit “the General Social Care Council or”.

(3) In subsection (4), omit the definition of “the appropriate Minister”.

(4) 40For the title to section 126 substitute “Education and training of approved
mental health professionals: Wales”.

43 (1) Schedule 9 (regulation of social care workers) is amended as follows.

(2) In paragraph 1 (interpretation), for the definition of “the appropriate
Council” substitute—

• ““the Council” means the Care Council for Wales.”

(3) 5In paragraph 2 (matters generally within the scope of regulations), in
paragraphs (a) and (h), for “the appropriate Council” substitute “the
Council”.

(4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council”
substitute “the Council”.

(5) 10In paragraph 6 (sub-delegation), in paragraph (a), omit the words from
“Ministers of the Crown” to “Welsh Ministers, on”.

(6) In paragraph 8 (matters outside the scope of regulations)—

(a) in sub-paragraph (1), omit “the General Social Care Council or”,

(b) in sub-paragraph (2), for “either of those Councils” substitute “the
15Council”, and

(c) in that sub-paragraph, for “that Council” substitute “the Council”.

(7) Omit paragraph 9 (preliminary procedure for making regulations: England).

(8) For the title to that Schedule substitute “Regulation of social care workers:
Wales”.

20Amendments to other Acts

44 In the following provisions, omit the entry for the General Social Care
Council—

(a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,

(b) Schedule 2 to the Parliamentary Commissioner Act 1967,

(c) 25Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,

(d) Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975, and

(e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

45 30In section 343 of the Income Tax (Earning and Pensions) Act 2003
(deductions for professional membership fees), in paragraph 1 of the Table
in subsection (2), omit sub-paragraph (o).

46 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers:
duty to refer), in entry number 8 in the table in subsection (7)—

(a) 35in the first column, after “social care workers” insert “in Wales”, and

(b) in the second column, for the words from “General” to the end
substitute “Care Council for Wales”.

Part 2 The Health and Care Professions Council

47 (1) 40A reference in any instrument or document to the Health Professions
Council is to be read, in relation to any time after the commencement of
section 217(1), as a reference to the Health and Care Professions Council.

(2) A reference in this Act or any other enactment, or in any other instrument or
document, to the Health and Care Professions Council is to be read, in
relation to any time before the commencement of section 217(1), as a
reference to the Health Professions Council.

(3) 5In sub-paragraph (2), “enactment” means an enactment contained in, or in
an instrument made under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of the National Assembly for Wales, or

(d) 10Northern Ireland legislation.

48 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
at the appropriate place insert—

• “ The Health and Care Professions Council”.

49 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
15Act 1975, at the appropriate place insert—

• “ The Health and Care Professions Council”.

50 In the following provisions, for “the Health Professions Council” substitute
“the Health and Care Professions Council”—

(a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,

(b) 20section 25(3)(gb) of the National Health Service Reform and Health
Care Professions Act 2002,

(c) section 4(4)(a) of the Health (Wales) Act 2003,

(d) paragraph 1(f) of the Table in section 343(2) of the Income Tax
(Earning and Pensions) Act 2003,

(e) 25paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups
Act 2006, and

(f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable
Groups (Scotland) Act 2007.

51 In section 257(3) of the Armed Forces Act 2006 (definition of “registered
30social worker”), for paragraph (a) substitute—

“(a) the Health and Care Professions Council;”.

52 After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act
2007, insert—

“(6) The reference in subsection (5) to the Health and Care Professions
35Council does not include a reference to that body in so far as it has
functions relating to 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).”

53 In Part 1 of the Schedule to the National Assembly for Wales
40(Disqualification) Order 2006 (S.I. 2006/3335S.I. 2006/3335) (bodies of which all members
are disqualified), at the appropriate place insert—

• “ Health and Care Professions Council;”.

Part 3 The Professional Standards Authority for Health and Social Care

General

54 (1) A reference in any instrument or document to the Council for Healthcare
5Regulatory Excellence is to be read, in relation to any time after the
commencement of section 225(1), as a reference to the Professional
Standards Authority for Health and Social Care.

(2) A reference in this Act or any other enactment, or in any other instrument or
document, to the Professional Standards Authority for Health and Social
10Care is to be read, in relation to any time before the commencement of
section 225(1), as a reference to the Council for Healthcare Regulatory
Excellence.

(3) In sub-paragraph (2), “enactment” means an enactment contained in, or in
an instrument made under—

(a) 15an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of the National Assembly for Wales, or

(d) Northern Ireland legislation.

Health Act 1999 (c. 8)Health Act 1999 (c. 8)

55 20In section 60(1) of the Health Act 1999—

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

(b) in each of paragraphs (d) and (e), for “Council” substitute
25“Authority”.

56 In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare
Regulatory Excellence” substitute “the Professional Standards Authority for
Health and Social Care”.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)National Health Service Reform and Health Care Professions Act 2002 (c. 17)

57 30In each of the following provisions of the National Health Service Reform
and Health Care Professions Act 2002, for “Council” substitute
“Authority”—

(a) section 25(2), (2A) and (4),

(b) section 26(1), (2), (3) and (4),

(c) 35section 26A(1) (in each place it appears) and (2),

(d) section 26B(1) and (4) (in each case, in each place it appears),

(e) section 27(1), (2), (4), (10) and (14),

(f) section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),

(g) section 29(4) and (7) (in each case, in each place it appears),

(h) 40in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it
appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it
appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each
place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1),

(2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each
place it appears), 18 and 19(1) and (2)(a) and (b),

(i) the title of each of sections 26, 27 and 29, and

(j) the cross-heading preceding each of paragraphs 14 and 19 of
5Schedule 7.

58 In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to,
that Act for “The Council” substitute “The Authority”.

59 In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for
“Council’s” substitute “Authority’s”.

60 10For the title to Schedule 7 substitute “The Professional Standards Authority
for Health and Social Care”.

Other Acts, etc.

61 In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to
dentistry), for “regulated by the Council for Healthcare Regulatory
15Excellence under section 25” substitute “listed in section 25(3)”.

62 In each of the following provisions, for “the Council for Healthcare
Regulatory Excellence” substitute “the Professional Standards Authority for
Health and Social Care”—

(a) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies
20(Admission to Meetings) Act 1960,

(b) paragraph (b) of the definition of “relevant disciplinary proceedings”
in section 201(4) of the National Health Service Act 2006, and

(c) paragraph (b) of the definition of “relevant disciplinary proceedings”
in section 149(4) of the National Health Service (Wales) Act 2006.

63 (1) 25In each of the following provisions, omit the entry for “The Council for
Healthcare Regulatory Excellence”—

(a) Schedule 1 to the Public Records Act 1958,

(b) Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,

(c) 30Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975,

(d) Part 6 of Schedule 1 to the Freedom of Information Act 2000, and

(e) Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2006 (S.I. 2006/3335S.I. 2006/3335).

(2) 35In each of the provisions listed in sub-paragraph (1), at the appropriate place
insert—

• “The Professional Standards Authority for Health and Social Care”.

(3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008
(which provides for the inclusion of a reference to the Council for Healthcare
40Regulatory Excellence in the National Assembly for Wales (Disqualification)
Order 2006, which has itself been revoked).