Health and Social Care Bill (HL Bill 119)

secure that the partnership’s affairs are conducted in accordance with
that partner’s or member’s wishes.

(3B) This subsection applies if, in any combination of partners or members
who, acting together, have the power (or who, if they were to act
5together, would have the power) to secure that the partnership’s affairs
are conducted in accordance with their wishes, at least one of them is a
dental practitioner or a person who falls within subsection (3C).”

(7) After subsection (3B) insert—

“(3C) A person falls within this subsection if the person is—

(a) 10an NHS employee,

(b) a section 92 employee, section 107 employee, section 50
employee, section 64 employee, section 17C employee or Article
15B employee,

(c) a health care professional who is engaged in the provision of
15services under this Act or the National Health Service (Wales)
Act 2006, or

(d) an individual falling within section 108(1)(d).”

203 Arrangements under section 107 of the National Health Service Act 2006

(1) Section 108 of the National Health Service Act 2006 (persons with whom
20section 107 arrangements may be made) is amended as follows.

(2) In subsection (1)—

(a) before “make an agreement” insert “, subject to such conditions as may
be prescribed,”,

(b) in each of paragraphs (b) and (c), omit “who meets the prescribed
25conditions”,

(c) for paragraph (f) substitute—

“(f) a dental corporation,”, and

(d) after paragraph (f) insert—

“(fa) a company limited by shares where the conditions in
30subsection (1A) are satisfied,

(fb) a limited liability partnership where subsection (1B) or
(1C) is satisfied,”.

(3) After subsection (1) insert—

“(1A) The conditions referred to in subsection (1)(fa) are that—

(a) 35every person who owns a share in the company owns it both
legally and beneficially, and

(b) it is not possible for two or more members of the company who
are not persons who fall within subsection (1)(a) to (e) to hold
the majority of the voting rights conferred by shares in the
40company on any matter on which members have such rights.”

(4) After subsection (1A) insert—

“(1B) This subsection applies if a member of the partnership who falls within
subsection (1)(a) to (e) has the power to secure that the partnership’s
affairs are conducted in accordance with that member’s wishes.

(1C) This subsection applies if, in any combination of members of the
partnership who, acting together, have the power (or who, if they were
to act together, would have the power) to secure that the partnership’s
affairs are conducted in accordance with their wishes, at least one of
5them falls within subsection (1)(a) to (e).”

(5) Omit subsection (2).

(6) In subsection (3)—

(a) at the appropriate place insert—

• ““dental corporation”” means a body corporate which is
  10carrying on the business of dentistry in accordance with
  the Dentists Act 1984,”, and

(b) omit the definition of “qualifying body”.

204 Payments in respect of costs of sight tests

(1) Section 180 of the National Health Service Act 2006 (payments in respect of
15costs of optical appliances) is amended as follows.

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

“(za) provide 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) 20falls within section 115(2)(c), but

(ii) at the time of the test has not been issued with a notice
by 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) 25After that subsection insert—

“(3A) The amount of a payment by virtue of subsection (3)(za) or (a) must not
exceed 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).”

205 30Pharmaceutical needs assessments

(1) In section 128A of the National Health Service Act 2006 (pharmaceutical needs
assessments), 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
35subsection (8)(a) (but before the following “, and”) insert “(other than
pharmaceutical services or local pharmaceutical services)”.

(3) In 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
40(1F), after “(1E),” insert “—

(a) health services” does not include pharmaceutical services or
local 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
services”.

206 5Control 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) for “must be granted if” substitute “may be granted only if”, and

(b) 10omit 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) 15In 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—

20“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) 25In 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) 30In 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) 35at 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) 40In 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) omit “(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
5“relevant areas”, and

(b) after 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) 10in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods”
substitute “relevant areas”, and

(b) after sub-paragraph (3) insert—

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

207 15Lists of performers of pharmaceutical services and assistants etc.

(1) Omit 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) 20section 150 (further provision about supplementary lists).

(2) After 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
25publication by the Board of one or more lists of—

(a) persons 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
30local pharmaceutical services.

(2) The 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
35subsection (1)(a),

(b) a 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) 40the preparation, maintenance and publication of a list,

(b) eligibility 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) 5the 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
10and 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
15withdraw 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
method of calculating it, to be determined by the Secretary of
State or a person appointed by the Secretary of State),

(i) 20the 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
certificate under section 113 of that Act or an enhanced criminal
record certificate under section 115 of that Act,

(j) 25the criteria to be applied in making decisions under the
regulations,

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

(l) disclosure of information about applicants for inclusion, grants
30or refusals of applications or suspensions or removals,

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

(4) Regulations under this section may, in particular, also provide that
approval for the purposes of either paragraph (a) or paragraph (b) of
35subsection (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) Regulations under this section may, in particular, also provide for—

(a) a person’s inclusion in a list to be subject to conditions
40determined by the Board,

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

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

(d) the review by the Board of decisions made by it by virtue of the
45regulations.

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

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

(b) preventing any acts or omissions of the type described in
50section 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
provision—

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

(b) 5giving 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) requiring 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) 10If 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
15provide for an appeal by the person in question to the First-tier tribunal
against 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) 20on any review of an earlier such decision of the Board.

(10) Regulations 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) 25by the Secretary of State to the Board.

147B Further 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
30listed appliances),

not 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) 35a list referred to in subsection (1),

(b) a 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) 40a list corresponding to a list mentioned in any of paragraphs (a)
to (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) 45If regulations do so require, they may, in particular, require that both A
and 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) 5in 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) 10Regulations 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
section).

15Part 7 Regulation of health and social care workers

Orders under section 60 of the Health Act 1999

208 Power to regulate social workers etc. in England

(1) Section 60 of the Health Act 1999 (regulation of health care professions etc.) is
20amended 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
England, so far as appears to Her to be necessary or expedient
25for 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) regulating social care workers in England who appear to Her to
30require 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
services which they provide or to which they contribute,”.

(4) 35In 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”
means the profession engaged in social work in England; and for the
40purposes 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) In 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
5than social work in England) that is of any of the following
descriptions—

(a) employment 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
10paragraph (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) 15management 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
20its 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
25personal 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
30(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
35accommodated 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) 40employment 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) 45employment 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) After 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) 5After subsection (2ZD) insert—

“(2ZE) The 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) 10After 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
professions, social workers, other care workers etc.”.

(11) 15In 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) The matters are—

(a) 20a 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) a person’s suitability to remain registered as a social care
25worker 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)”.

209 Training etc. of approved mental health professionals in England

In section 60 of the Health Act 1999 (regulation of health care professions etc.),
30in 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
health professionals,”.

210 35Orders 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 An Order may make provision, in relation to any social care workers
40in 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) keeping registers of social care workers in England of any
description,

(d) 5privileges of registered persons,

(e) education and training,

(f) standards of conduct and performance,

(g) discipline,

(h) removal or suspension from registration or the imposition of
10conditions 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
15and 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
20out 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
25(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
30body 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
35a 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
40England”, 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
  45England” and “the social work profession in England”
  have the meaning given by section 60,”, and

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