Health and Social Care Bill (HL Bill 92)

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

(4) Before determining the amount of a fee under the regulations, the Privy
Council must request the Authority to make a proposal as to the
5amount 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) The Authority must—

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

(b) 10before doing so, consult the regulatory bodies.

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

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

(a) 15make 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
regulatory bodies as are specified in the regulations, and

(b) determine in accordance with the method provided for under
20subsection (3) the amount of the fee that each regulatory body
would be required to pay.

(8) The Privy Council must—

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

(b) 25consult 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
consultees, the Privy Council must—

(a) determine the amount of funding that the Authority requires in
30order 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) determine in accordance with the method provided for under
subsection (3) the amount of the fee that each regulatory body
35is to be required to pay.

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

(a) requiring 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
40is 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
amount of a fee provided for under the regulations, on a request by the
Authority or a regulatory body or on its own initiative.

(12) 45Before making regulations under this section, the Privy Council must
consult—

(a) the Authority,

(b) the regulatory bodies, and

(c) such 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) 5In section 38 of that Act (regulations and orders) after subsection (3) insert—

“(3A) A statutory instrument containing regulations made by the Privy
Council under section 25A shall be subject to annulment in pursuance
of a resolution of either House of Parliament.

(3B) Regulations made by the Privy Council under section 25A that include
10provision which would, if included in an Act of the Scottish Parliament,
fall within the legislative competence of that Parliament shall be subject
to the negative procedure in that Parliament (in addition to the
statutory instrument containing the regulations being subject to
annulment under subsection (3A)).

(3C) 15Sections 28 and 31 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (negative procedure etc.) shall apply in relation to
regulations of the description given in subsection (3B) as they apply in
relation to devolved subordinate legislation (within the meaning of
Part 2 of that Act) that is subject to the negative procedure, but as if
20references to a Scottish statutory instrument were references to a
statutory instrument.

(3D) Section 32 of that Act (laying) shall apply in relation to the laying of a
statutory instrument containing regulations of the description given in
subsection (3B) before the Scottish Parliament as it applies in relation to
25the laying of a Scottish statutory instrument (within the meaning of
Part 2 of that Act) before that Parliament.”

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

“(2A) The Authority may borrow money for the purposes of or in
30connection 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).

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

(1) After section 25A of the National Health Service Reform and Health Care
35Professions 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
advice or provide auditing services to—

(a) 40a 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
under 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
5State” substitute “The Privy Council”.

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

223 Accountability and governance

(1) Schedule 7 to the National Health Service Reform and Health Care Professions
10Act 2002 (constitution etc. of the Authority) is amended as follows.

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

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

(b) in paragraph (f), for “two executive members” substitute “one
15executive member”.

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

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

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State”
20substitute “the Authority”, and

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

“(3) The 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
25the Authority.

(4) The Authority may, where it considers there are special
circumstances 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) 30In paragraph 11 (employees)—

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

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

(6) In paragraph 15 (accounts)—

(a) 35in each of sub-paragraphs (1) and (2), for “the Secretary of State”
substitute “the Privy Council”, and

(b) in sub-paragraph (3)—

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

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

(7) 40In paragraph 16 (reports and other information), after sub-paragraph (1A)
insert—

“(1B) The 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
financial years as the Authority may determine.”

(8) 5In 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 (3E) (inserted
by section 220(13)) insert—

“(3F) A statutory instrument containing regulations made by the Privy
10Council under paragraph 6 of Schedule 7 is subject to annulment in
pursuance of a resolution of either House of Parliament.”

224 Appointments to regulatory bodies

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

“25C 15Appointments to regulatory bodies

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

(2) 20The Privy Council and the Authority may make arrangements for the
Authority to assist the Privy Council in connection with—

(a) its exercise of any of its appointment functions in relation to a
regulatory body;

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

(3) 25The Privy Council may make arrangements with any other person to
assist it in connection with—

(a) its exercise of any of its appointment functions in relation to a
regulatory body;

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

(4) 30The Scottish Ministers and the Authority may make arrangements for
the Authority to assist them in connection with their exercise of their
function 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
35function under that paragraph.

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

(7) 40In this section, “regulatory body” does not include the Pharmaceutical
Society of Northern Ireland.

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

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

functions as the Privy Council from time to time has by virtue
of paragraph 1B(1)(b) or (d) of that Schedule (appointment of
members and chair and determination of terms of office),

(b) in relation to the General Dental Council, the function under
5paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such
functions as the Privy Council from time to time has by virtue
of paragraph 1B(1)(b) or (d) of that Schedule (corresponding
functions in relation to that Council),

(c) in relation to the General Optical Council, the function under
10paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and
such functions as the Privy Council from time to time has by
virtue of paragraph 1B(1)(b) or (d) of that Schedule
(corresponding functions in relation to that Council),

(d) in relation to the General Osteopathic Council, the function
15under paragraph 1A(2) of the Schedule to the Osteopaths Act
1993 and such functions as the Privy Council from time to time
has by virtue of paragraph 1B(1)(b) or (d) of that Schedule
(corresponding functions in relation to that Council),

(e) in relation to the General Chiropractic Council, the function
20under paragraph 1A(2) of Schedule 1 to the Chiropractors Act
1994 and such functions as the Privy Council has by virtue of
paragraph 1B(1)(b) or (d) of that Schedule (corresponding
functions in relation to that Council),

(f) in relation to the General Pharmaceutical Council, the function
25under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010
(S.I. 2010/231S.I. 2010/231) and such functions as the Privy Council from
time to time has by virtue of paragraph 2(1)(b) or (d) of that
Schedule (corresponding functions in relation to that Council),

(g) in relation to the Nursing and Midwifery Council, the function
30under paragraph 1A(2) of Schedule 1 to the Nursing and
Midwifery Order 2001 (S.I. 2002/253S.I. 2002/253) and such functions as the
Privy Council from time to time has by virtue of paragraph
1B(1)(b) or (d) of that Schedule (corresponding functions in
relation to that Council), and

(h) 35in relation to the Health and Care Professions Council, the
function under paragraph 1(2) of Schedule 1 to the Health and
Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) and such
functions as the Privy Council from time to time has by virtue
of paragraph 1B(1)(b) or (d) of that Schedule (corresponding
40functions in relation to that Council).

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

225 Establishment of voluntary registers

After section 25C of the National Health Service Reform and Health Care
45Professions Act 2002 insert—

“25D Power of regulatory bodies to establish voluntary registers

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

(a) 50unregulated health professionals;

(b) unregulated health care workers;

(c) unregulated social care workers in England;

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

(2) Studies come within this subsection if they are studies for the purpose
5of becoming a member of—

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

(b) the social work profession in England.

(3) Studies come within this subsection if they are studies for the purpose
10of becoming—

(a) an unregulated health professional,

(b) an unregulated health care worker, or

(c) an unregulated social care worker in England.

(4) A regulatory body may establish and maintain a register under
15subsection (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
subsection does not apply to the Health and Care Professions Council.

(5) A regulatory body may establish and maintain a register under
20subsection (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
member of a profession which the body regulates,

(b) in the case of studies coming within subsection (3)(a), becoming
25a 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),
engaging in work in respect of which the body maintains a
voluntary register.

(6) 30The 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
Scotland.

(7) The Pharmaceutical Society of Northern Ireland may establish and
35maintain 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) A regulatory body may establish and maintain a register under
subsection (1) jointly with one or more other regulatory bodies.

(9) 40Where regulatory bodies establish and maintain a register in reliance
on subsection (8)—

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

(b) subsection (6) applies to the General Pharmaceutical Council if
45it 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) But 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
5Council and the Pharmaceutical Society of Northern Ireland may
jointly 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
10established under subsection (1) must be accompanied by a fee of such
amount 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
15not required by an enactment to be registered in order to be entitled
to—

(a) use a title,

(b) practise as a member of a profession,

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

(d) 20engage in work of a description given in section 60(2ZC) of the
Health Act 1999 (social care work in England), or

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

(3) Where an enactment imposes a requirement of that kind which applies
to part only of the United Kingdom, a register is to be regarded as a
25voluntary register in so far as it applies to any part of the United
Kingdom to which the requirement does not apply.

(4) The reference in subsection (2) to an enactment does not include a
reference to an enactment in so far as it imposes a requirement of that
kind which applies—

(a) 30only to work or practice of a particular kind, and

(b) only when work or practice of that kind is engaged in for
particular purposes.

(5) In subsections (2) to (4), “enactment” means an enactment contained in,
or in an instrument made under—

(a) 35an 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.

(6) “Unregulated health professional” means a member of a profession—

(a) 40which is concerned with the physical or mental health of
individuals, but

(b) to which section 60(2) of the Health Act 1999 does not apply.

(7) “Unregulated health care worker” means a person engaged in work
which—

(a) 45involves the provision of health care, but

(b) is not work which may be engaged in only by members of a
profession.

(8) In subsections (2) and (7), “health care” includes—

(a) all forms of health care for individuals, whether relating to
5physical or mental health, and

(b) procedures that are similar to forms of medical or surgical care
but are not provided in connection with a medical condition.

(9) “Unregulated social care worker in England” means a person engaged
in social care work in England within the meaning of section 60 of the
10Health Act 1999.

(10) But a person is not to be regarded as being (or having been) engaged in
work as an unregulated social care worker merely because the person
is (or has been) participating in a course of the description given in
subsection (2ZC)(o) of that section (social work courses).

(11) 15“The social work profession in England” has the meaning given in that
section.

25F Establishment of voluntary register: impact assessment

(1) Before establishing a register under section 25D, a regulatory body—

(a) must make an assessment of the likely impact of doing so, and

(b) 20must consult such persons as it considers appropriate.

(2) In performing the duty under subsection (1)(a), the body must have
regard to such guidance relating to the preparation of impact
assessments as it considers appropriate.

(3) An assessment under this section must, in particular, include an
25assessment of the likely impact of establishing the register on—

(a) persons who would be eligible for inclusion in the register;

(b) persons who employ persons who would be eligible for
inclusion in the register;

(c) users of health care, users of social care in England and users of
30social work services in England.

(4) A regulatory body must publish any assessment it makes under this
section.

(5) In deciding whether to establish a register under section 25D, a
regulatory body must have regard to the assessment it made under this
35section in relation to the register.”

226 Accreditation of voluntary registers

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

“25G Power of the Authority to accredit voluntary registers

(1) 40Where a regulatory body or other person maintains a voluntary
register, the Authority may, on an application by the body or other
person, take such steps as it considers appropriate for the purpose of
establishing whether the register meets such criteria as the Authority
may from time to time set (“accreditation criteria”).

(2) Accreditation criteria may, in particular, relate to—

(a) the provision to the Authority of information in connection
with the establishment, operation or maintenance of register;

(b) publication of the names of persons included in the register or
5who have been removed from the register (whether voluntarily
or otherwise);

(c) the establishment or operation of a procedure for appeals from
decisions relating to inclusion in or removal from the register.

(3) If the Authority is satisfied that a voluntary register meets the
10accreditation criteria, it may accredit the register.

(4) The Authority may carry out periodic reviews of the operation of
registers accredited under this section for the purpose of establishing
whether they continue to meet the accreditation criteria.

(5) If, on a review under subsection (4), the Authority is satisfied that a
15voluntary register no longer meets the accreditation criteria, the
Authority may remove or suspend, or impose conditions on, the
accreditation of the register.

(6) The Authority may refuse to accredit a register, or to continue to
accredit a register, unless the person who maintains the register pays a
20fee of such amount as the Authority may determine.

(7) The Authority must publish such accreditation criteria as it sets.

(8) The Authority may publish a list of registers accredited under this
section.

(9) “Voluntary register” has the meaning given in section 25E.

25H 25Accreditation of voluntary register: impact assessment

(1) Before accrediting a register under section 25G, the Authority—

(a) must make an assessment of the likely impact of doing so, and

(b) must consult such persons as it considers appropriate.

(2) For that purpose, the Authority must have regard to such guidance
30relating to the preparation of impact assessments as it considers
appropriate.

(3) An assessment under this section must, in particular, include an
assessment of the likely impact of accrediting the register on—

(a) persons who are, or are eligible to be, included in the register;

(b) 35persons who employ persons who are, or are eligible to be,
included in the register;

(c) users of health care, users of social care in England and users of
social work services in England.

(4) For the purposes of subsection (3), the Authority may request the
40person who maintains the register to provide it with such information
as it specifies; and if the person refuses to comply with the request, the
Authority may refuse to accredit the register.

(5) The Authority may publish any assessment it makes under this section.

(6) In deciding whether to accredit a register under section 25G, the
Authority must have regard to its assessment under this section in
relation to the register.

25I Functions of the Authority in relation to accredited voluntary registers

(1) 5The Authority has the following functions—

(a) to promote the interests of users of health care, users of social
care in England, users of social work services in England and
other members of the public in relation to the performance of
voluntary registration functions,

(b) 10to promote best practice in the performance of voluntary
registration functions, and

(c) to formulate principles of good governance in the performance
of voluntary registration functions and to encourage persons
who maintain or operate accredited voluntary registers to
15conform to those principles.

(2) In this section—

(a) a reference to the performance of voluntary registration
functions is a reference to the maintenance or operation of an
accredited voluntary register, and

(b) 20“accredited voluntary register” means a register accredited
under section 25G”.”

(2) In section 26 of that Act (general powers and duties of the Authority), after
subsection (2) insert—

“(2A) A reference in subsection (2) to a regulatory body includes a reference
25to a person other than a regulatory body who has voluntary
registration functions; and for that purpose, the only functions that
person has are the person’s voluntary registration functions.”

(3) After subsection (3) of that section insert—

“(3A) A reference in subsection (3) to a regulatory body includes a reference
30to a person other than a regulatory body in so far as that person has
voluntary registration functions.”

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

“(4A) For the purposes of paragraph (c) of subsection (4), the reference in that
subsection to subsection (3) includes a reference to subsection (3) as
35construed in accordance with subsection (3A).”

(5) After subsection (12) of that section insert—

“(13) In this section, “voluntary registration functions” is to be construed in
accordance with section 25I.”

(6) In section 26A of that Act (powers of Secretary of State and devolved
40authorities to request advice etc.), after subsection (1A) (inserted by section
220(3)), insert—

“(1B) The Secretary of State may request the Authority for advice on any
matter connected with accreditation of registers under section 25G; and
the Authority must comply with such a request.