Health and Social Care Bill (HL Bill 92)

202 Payments in respect of costs of sight tests

(1) Section 180 of the National Health Service Act 2006 (payments in respect of
costs of optical appliances) is amended as follows.

(2) In subsection (3), before paragraph (a) insert—

“(za) 5provide for payments to be made by the Board to meet, or to
contribute towards, any cost accepted by the Board as having
been incurred for the cost of a sight test of a person who—

(i) falls within section 115(2)(c), but

(ii) at the time of the test has not been issued with a notice
10by the Secretary of State of entitlement to receive
assistance in respect of the cost of a sight test (or has
been issued with such a notice but has yet to receive it),”.

(3) After that subsection insert—

“(3A) The amount of a payment by virtue of subsection (3)(za) or (a) must not
15exceed the amount for the time being set in regulations under this
section as the applicable fee in the case in question for the provision of
the sight-testing service under section 115(1)(a).”

203 Pharmaceutical needs assessments

(1) In section 128A of the National Health Service Act 2006 (pharmaceutical needs
20assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary
Care Trust” substitute “Health and Wellbeing Board”.

(2) In section 24 of that Act (plans for improving health etc.), at the end of
subsection (8)(a) (but before the following “, and”) insert “(other than
pharmaceutical services or local pharmaceutical services)”.

(3) 25In section 24A of that Act (report on consultation), in subsection (2), for “Parts
4 to 7” substitute “Parts 4 to 6”.

(4) In section 242 of that Act (public involvement and consultation), in subsection
(1F), after “(1E),” insert “—

(a) health services” does not include pharmaceutical services or
30local pharmaceutical services, and

(b)”.

(5) In section 242A of that Act (Strategic Health Authorities: further duty to
involve users), at the end of subsection (2) add “; and for that purpose “health
services” does not include pharmaceutical services or local pharmaceutical
35services”.

204 Control of entry on pharmaceutical lists

(1) Section 129 of the National Health Service Act 2006 (regulations as to
pharmaceutical lists) is amended as follows.

(2) In subsection (2), in paragraph (c)—

(a) 40for “must be granted if” substitute “may be granted only if”, and

(b) omit the words from “and may otherwise” to the end.

(3) After that subsection insert—

“(2ZA) The Board may not include the Secretary of State, or such other persons
as the regulations may prescribe, in a list prepared for the purposes of
provision under subsection (2)(a).”

(4) 5In subsection (2A)—

(a) for “its needs statement” substitute “the needs statement for the
relevant area”, and

(b) for the words from “it is necessary” to the end substitute “to grant the
application would—

10“meet a need in that area for the services or some of the
services specified in the application, or

(b) secure improvements, or better access, to
pharmaceutical services in that area.”

(5) For subsection (2B) substitute—

“(2B) 15In subsection (2A), “relevant area”, in relation to a needs statement, is
the area of the Health and Wellbeing Board which includes the
premises from which the application states that the applicant will
undertake to provide services.”

(6) In subsection (2C), for “(2B)” substitute “(2A)”.

(7) 20In subsection (4)(c), omit “or (2B)”.

(8) In subsection (6)(g)—

(a) after “grounds on which” insert “or circumstances in which”,

(b) before “may, or must,” insert “—

(i)”, and

(c) 25at the end insert “,

(ii) may, or must, remove a person or an entry in
respect of premises from a pharmaceutical list”.

(9) In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing
Board”.

(10) 30In section 130(2) of that Act (regulations about appeals from decisions on
applications for inclusion in pharmaceutical list)—

(a) after “an application” insert “on grounds corresponding to the
conditions referred to in section 151(2), (3) or (4) as read with section
153”, and

(b) 35omit “(by way of redetermination)”.

(11) In section 136 of that Act (designation of priority neighbourhoods or
premises)—

(a) in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute
“relevant areas”, and

(b) 40after subsection (3) insert—

“(4) Relevant area” has the same meaning as in section 129(2)(a).”

(12) In Schedule 12 to that Act (provision of local pharmaceutical services under
LPS schemes), in paragraph 2—

(a) in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods”
45substitute “relevant areas”, and

(b) after sub-paragraph (3) insert—

“(4) Relevant area” has the same meaning as in section
129(2)(a).”

205 Lists of performers of pharmaceutical services and assistants etc.

(1) 5Omit the following provisions of the National Health Service Act 2006—

(a) section 146 (lists of persons performing local pharmaceutical services)
and the preceding cross-heading,

(b) section 149 (supplementary lists), and

(c) section 150 (further provision about supplementary lists).

(2) 10After section 147 of that Act insert—

“CHAPTER 4A Lists of performers of pharmaceutical services and assistants

147A Performers of pharmaceutical services and assistants

(1) Regulations may make provision for the preparation, maintenance and
publication by the Board of one or more lists of—

(a) 15persons approved by the Board for the purpose of assisting in
the provision of pharmaceutical services which the Board
arranges;

(b) persons approved by the Board for the purpose of performing
local pharmaceutical services.

(2) 20The regulations may, in particular, provide that—

(a) a person of a prescribed description may not assist in the
provision of pharmaceutical services which the Board arranges
unless the person is included in a list prepared by virtue of
subsection (1)(a),

(b) 25a person of a prescribed description may not perform local
pharmaceutical services unless the person is included in a list
prepared by virtue of subsection (1)(b).

(3) The regulations may, in particular, also include provision as to—

(a) the preparation, maintenance and publication of a list,

(b) 30eligibility for inclusion in a list,

(c) applications for inclusion (including provision for the
procedure for applications and the documents to be supplied on
application, whether by the applicant or by arrangement with
the applicant),

(d) 35the grounds on which an application for inclusion may or must
be granted or refused or on which a decision on such an
application may be deferred,

(e) requirements with which a person included in a list must
comply (including the declaration of financial interests and gifts
40and other benefits),

(f) the grounds on which the Board may or must suspend or
remove a person from a list, the procedure for doing so, and the
consequences of doing so,

(g) circumstances in which a person included in a list may not
withdraw from it,

(h) payments to or in respect of a person suspended from a list
(including provision for the amount of the payment, or the
5method of calculating it, to be determined by the Secretary of
State or a person appointed by the Secretary of State),

(i) the supply to the Board by an applicant for inclusion in a list, or
by a person included in a list, of a criminal conviction certificate
under section 112 of the Police Act 1997, a criminal record
10certificate under section 113 of that Act or an enhanced criminal
record certificate under section 115 of that Act,

(j) the criteria to be applied in making decisions under the
regulations,

(k) appeals against decisions made by the Board under the
15regulations, and

(l) disclosure of information about applicants for inclusion, grants
or refusals of applications or suspensions or removals,

and may make any provision corresponding to anything in sections 151
to 159.

(4) 20Regulations under this section may, in particular, also provide that
approval for the purposes of either paragraph (a) or paragraph (b) of
subsection (1) is to be treated for the purposes of this section as
approval for the purposes of the other paragraph (and for lists
prepared by virtue of that subsection to be read accordingly).

(5) 25Regulations under this section may, in particular, also provide for—

(a) a person’s inclusion in a list to be subject to conditions
determined by the Board,

(b) the Board to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition
30(including suspension or removal from a list),

(d) the review by the Board of decisions made by it by virtue of the
regulations.

(6) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to
35which a list relates, or

(b) preventing any acts or omissions of the type described in
section 151(3)(a).

(7) If the regulations provide under subsection (3)(f) or (5) that the Board
may suspend or remove a person (P) from a list, they must include
40provision—

(a) requiring P to be given notice of any allegation against P,

(b) giving P the opportunity of putting P’s case at a hearing before
the Board makes any decision as to P’s suspension or removal,
and

(c) 45requiring P to be given notice of the decision of the Board, the
reasons for it and any right of appeal under subsection (8) or (9).

(8) If the regulations provide under subsection (3)(d) or (f) that the Board
may refuse a person’s application for inclusion in a list, or remove a

person from one, the regulations must provide for an appeal to the
First-tier Tribunal against the decision of the Board.

(9) If the regulations make provision under subsection (5), they must
provide for an appeal by the person in question to the First-tier tribunal
5against the decision of the Board—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove the person from the list for breach of condition,

(d) on any review of an earlier such decision of the Board.

(10) 10Regulations making provision as to the matters referred to in
subsection (3)(l) may in particular authorise the disclosure of
information—

(a) by the Board to the Secretary of State, and

(b) by the Secretary of State to the Board.

147B 15Further provision about regulations under section 147A

(1) Regulations under section 147A may require a person (A) included in—

(a) a pharmaceutical list, or

(b) a list under section 132(3) (provision of drugs, medicines or
listed appliances),

20not to employ or engage a person (B) to assist A in the provision of the
service to which the list relates unless B is included in a list mentioned
in subsection (2).

(2) The lists are—

(a) a list referred to in subsection (1),

(b) 25a list under section 147A,

(c) a list under section 91, 106 or 123,

(d) a list corresponding to a list under section 91 prepared by the
Board by virtue of regulations made under section 145,

(e) a list corresponding to a list mentioned in any of paragraphs (a)
30to (d) prepared by a Local Health Board under or by virtue of
the National Health Service (Wales) Act 2006,

or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed
description.

(3) If regulations do so require, they may in particular require that both A
35and B be included in lists prepared by the Board.”

(3) For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional
inclusion in pharmaceutical lists”.

(4) In section 159 of that Act (national disqualification), in subsection (1)—

(a) omit paragraph (b), and

(b) 40in paragraph (d), for “section 146” substitute “section 147A”.

(5) In section 276 of that Act (index of defined expressions), omit the entry for
“supplementary list”.

(6) In Schedule 17 to that Act (exempt information relating to health services), in
paragraph 13(1)(b), for “146” substitute “147A”.

(7) Regulations under section 146 or 149 of that Act having effect immediately
before the commencement of subsection (1) of this section are, despite the
repeals made by that subsection, to continue to have effect as if they had been
made under section 147A of that Act (as inserted by subsection (2) of this
5section).

Part 7 Regulation of health and social care workers

Orders under section 60 of the Health Act 1999

206 Power to regulate social workers etc. in England

(1) 10Section 60 of the Health Act 1999 (regulation of health care professions etc.) is
amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) regulating the social work profession in England,

(bb) modifying the regulation of the social work profession in
15England, so far as appears to Her to be necessary or expedient
for the purpose of securing or improving the regulation of the
profession or the services which it provides or to which it
contributes,”.

(3) In that subsection, after paragraph (bb) insert—

“(bc) 20regulating social care workers in England who appear to Her to
require regulation in pursuance of this section,

(bd) modifying the regulation of social care workers in England, so
far as appears to Her to be necessary or expedient for the
purpose of securing or improving their regulation or the
25services which they provide or to which they contribute,”.

(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”
30means 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) 35In 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) 40employment 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,
fostering agency, voluntary adoption agency or adoption
support agency, in so far as the agency provides services to
persons in England,

(d) 5management of an agency of a kind mentioned in paragraph (c),

(e) work for the purposes of the social services functions of a local
authority 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
10its social services functions,

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

(h) employment (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
15personal care for persons in England,

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

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

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

(i) section 87 of the Children Act 1989 (welfare of children
25accommodated in independent schools and colleges),

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

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

(l) 30employment 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) 35employment at a day centre in England,

(o) participation 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) 40After subsection (2ZC) insert—

“(2ZD) An 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) 45The exercise of functions of an approved mental health professional by
a 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
given 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
5professions, 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
section 60(2) applies” substitute “a matter specified in subsection (2A)”.

(12) After that subsection insert—

“(2A) 10The matters are—

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

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

(c) 15a 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
in England (within the meaning given in section 60(2ZA)”.

207 Training etc. of approved mental health professionals in England

20In 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
Care Professions Council that relate to the education and
training of persons who are or wish to become approved mental
25health professionals,”.

208 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 30An 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) 35keeping 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) 40discipline,

(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) appeals,

(k) default powers exercisable by a person other than the Health
5and 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)
includes provision for standards of conduct and performance of
members of a profession, or social care workers in England, carrying
10out 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) the Health and Care Professions Council,”.

(5) In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph
15(2) insert—

“(2ZA) Where an enactment provides for any function mentioned in sub-
paragraph (2ZB) to be exercised by the Health and Care Professions
Council or another regulatory body, or any of its committees or
officers, an Order may not provide for any person other than that
20body 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
description,

(b) determining standards of education and training required as
25a condition of registration,

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

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

(a) after “represent any profession” insert “or any social care workers in
30England”, and

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

(7) In paragraph 10 (interpretation)—

(a) at the appropriate place insert the following—

• ““social care work in England”, “social care workers in
  35England” and “the social work profession in England”
  have the meaning given by section 60,”, and

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

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

(ii) 40after “the profession” insert “or the social care workers in
England concerned”.

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

“(2A) References 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) the regulation of activities carried on by persons who are not
5social 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

209 Abolition of the General Social Care Council

(1) 10The 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) omit subsection (2),

(d) 15in 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”.

The Health and Care Professions Council

210 20Regulation 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—

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

(5) 30In 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
workers in a register kept by the General Social Care
Council, the Care Council for Wales, the Scottish
35Social Services Council or the Northern Ireland Social
Care Council;”.

(6) For the title to the Order substitute “Health and Social Work Professions Order
2001”.

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

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