Health and Social Care Bill (HL Bill 92)

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

(c) section 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
5Council (General Powers) Act 1920 in Schedule 2 to the Greater London
Council (General Powers) Act 1984;

(f) paragraph (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
10Added Tax Act 1994;

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

(i) section 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) 15section 126(4)(a) of the National Health Service Act 2006;

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

(m) entry 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
20provisions, for “the Health Professions Order 2001” substitute “the Health and
Social Work Professions Order 2001”—

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

211 The Health and Care Professions Council

(1) The 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) 30In 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
“the Council”.”

(3) For the title to that article substitute “The Health and Care Professions Council
35and 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”
substitute “the Health and Care Professions Council (formerly known as the
Health Professions Council and continued in existence by section 211 of the
40Health and Social Care Act 2011)”.

212 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
as 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) the regulation of social work in England, and

(vii) 5the provision, supervision or management of the
services of persons engaged in social work in
England.”

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

“(5AA) The public bodies with which the Council must co-operate for the
10purposes 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) In that article, after paragraph (17) insert—

“(17A) 15The 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;
and

(b) 20give 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) In article 6 (register), in paragraph (3)(aa), after “visiting health” insert “or
25social 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) 30In article 10 (renewal of registration and readmission), in paragraph (6) after
“visiting health” insert “or social work”.

(7) In 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
35worker, he has, in Wales, Scotland or Northern Ireland,
undergone training in social work and—

(i) the 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
40England, or

(ii) the training is not so recognised but he has undergone,
whether in England or elsewhere, such additional
training or professional experience as satisfies the
Council that he has the requisite standard of proficiency
45for admission to the part of the register relating to the
social work profession in England.”

(8) In 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
5to 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) 10After 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) 15Paragraph (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
20basis.”

(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
25far 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
30of 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”.

213 Appeals in cases involving social workers in England

(1) 35The 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
40Council, 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) A 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) 5An appeal from a decision referred to in paragraph (1)(b) relating to
social workers in England shall lie only to the county court.”

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

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

“(5) 10In 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
England and Wales.”

214 Approval of courses for approved mental health professionals

(1) Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions
15etc.) is amended as follows.

(2) Before section 114A insert—

“114ZA Approval 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
20mental health professionals by a local social services authority whose
area is in England.

(2) The 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
25this 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
Care Standards Act 2000.

(4) Where the function under subsection (1) is, in accordance with the
30Health 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) In section 114 (approval of mental health professionals by local social services
authority), in subsection (6), after “section” insert “114ZA or”.

(4) 35Section 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,
approve courses for persons who are, or wish to become, approved to
act as approved mental health professionals by a local social services
40authority whose area is in Wales.”

(6) Omit subsection (3).

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

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

215 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
5as follows.

(2) In article 3 (the Council and its Committees), in paragraph (3), at the end insert
“(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) 10In the application of paragraph (5) to the functions of the Council that
relate to persons who are, or wish to become, approved mental health
professionals 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) 15In article 14 (the Council’s education and training committee), after sub-
paragraph (b) insert—

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

(5) After article 15 insert—

“15A Exercise of function of approving courses for approved mental health
20professionals

(1) The function under section 114ZA(1) of the Mental Health Act 1983
(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
25114ZA(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
the kind referred to in section 114ZA(1) of the Mental Health Act 1983.”

15B Criteria for approving courses for approved mental health
30professionals

(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) The Education and Training Committee must—

(a) ensure that universities and other bodies in the United
35Kingdom 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
provided by such bodies meet those criteria.

(3) In performing the function under paragraph (2)(b), the Committee
40may, 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) The 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) 5In article 16 (visitors), in paragraph (6), at the end insert “; but that does not
apply 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)
10of the Mental Health Act 1983 (approval of courses for approved
mental 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
15by the Committee or the Council, and taking account of the
observations 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) 20In that article—

(a) in 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
25give guidance), after “prospective registrants” insert “(including registrants or
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
30expenses 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.”

216 Arrangements with other health or social care regulators

(1) After article 44 of the Health and Social Work Professions Order 2001 (S.I.
352002/254) 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
40person.

(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) a 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) 5In Schedule 3 to that Order (interpretation), at the appropriate place, insert—

• ““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
  10surgical care but are not provided in connection with a
  medical condition;”.

217 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) 15Paragraphs (a) and (g) 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).”

(2) In section 27 of the National Health Service (Scotland) Act 1978 (arrangements
20for provision of pharmaceutical services), after subsection (1B) insert—

“(1C) Paragraphs (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) 25In 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
Order 2001 as a member of the social work profession in England
30(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
a person in the capacity of a registered member of the social work
35profession 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
so far as the person is registered as a social worker in England (within the
40meaning 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) A reference in an enactment to a body mentioned in subsection (3) is
45not (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) the social work profession in England, or

(b) 5social 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
  Measure of the National Assembly for Wales (whether
  10passed 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
  Act of the Scottish Parliament, an Act or Measure of the
  15National 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
  in England” have the meaning given in section 60 of the 1999
  20Act.”

(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
far as they are registered as members of the social work profession in
25England 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
30far 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).”

Role of the Secretary of State

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

(1) 35In section 67 of the Care Standards Act 2000 (functions of the appropriate
Minister), 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
40Work Professions Order 2001.”

(2) In 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
Professions 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) 5beginning with the day on which this Act is passed, and

(b) ending with the commencement of section 209(1).

The Professional Standards Authority for Health and Social Care

219 The Professional Standards Authority for Health and Social Care

(1) The body corporate known as the Council for Healthcare Regulatory
10Excellence—

(a) is to continue to exist, and

(b) is 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
15Health Care Professions Act 2002 (which establishes the Council for Healthcare
Regulatory Excellence), in subsection (1)—

(a) for “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) 20For the title of section 25 of that Act substitute “The Professional Standards
Authority for Health and Social Care”.

(4) For 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
25Professions etc.”.

220 Functions of the Authority

(1) In section 25 of the National Health Service Reform and Health Care
Professions Act 2002 (the Professional Standards Authority), in subsection
(2)(a), for “patients” substitute “users of health care, users of social care in
30England, 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) In section 26A of that Act (powers of Secretary of State etc. to request the
Authority for advice), after subsection (1) insert—

“(1A) 35The 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
request.”

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

“(2A) 40A 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

reference to the advice or the investigation and report concerned or on
a periodic basis.”

(5) In subsection (3) of that section, after “this section” insert “—

• health care profession” means a profession (whether or not
  5regulated by or by virtue of any enactment) which is concerned
  (wholly or partly) with the physical or mental health of
  individuals; and”.

(6) 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
10England or users of social work services in England”.

(7) In section 27 of that Act (the Authority and regulatory bodies), in subsections
(5) and (13), for “Secretary of State” substitute “Privy Council”.

(8) In subsection (7) of that section—

(a) for “Secretary of State” substitute “Privy Council”, and

(b) 15in paragraph (a), omit “he or”.

(9) In 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))”.

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

“(5A) 20In the case of a social worker in England, the “relevant court” means the
High Court of Justice in England and Wales.”

(11) In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.

(12) In subsection (3) of that section, for “the Secretary of State” substitute “the
Privy Council”.

(13) 25After subsection (3D) of that section (inserted by section 221(3)) insert—

“(3E) A statutory instrument containing regulations made by the Privy
Council under section 27 is subject to annulment in pursuance of a
resolution of either House of Parliament.”

(14) In paragraph 16 of Schedule 7 to that Act (reports and other information), in
30sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of
social care in England, users of social work services in England”.

221 Funding of the Authority

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

“25A 35Funding 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
determines in respect of such of the Authority’s functions in relation to
that body as are specified in the regulations.

(2) 40A reference in this section to the Authority’s functions does not include
a reference to its functions under sections 25G to 25I and 26A.