Health and Social Care Bill (HL Bill 119)

(2)(a), for “patients” substitute “users of health care, users of social care in
England, 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) 5In section 26A of that Act (powers of Secretary of State etc. to request the
Authority for advice), after subsection (1) insert—

“(1A) The 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
10request.”

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

“(2A) A 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
15reference 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
  regulated by or by virtue of any enactment) which is concerned
  20(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
England or users of social work services in England”.

(7) 25In 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) in paragraph (a), omit “he or”.

(9) 30In 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) In the case of a social worker in England, the “relevant court” means the
35High 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) After subsection (3D) of that section (inserted by section 223(3)) insert—

“(3E) 40A 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
sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of
social care in England, users of social work services in England”.

223 Funding of the Authority

(1) 5After section 25 of the National Health Service Reform and Health Care
Professions Act 2002 insert—

“25A Funding 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
10determines in respect of such of the Authority’s functions in relation to
that body as are specified in the regulations.

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

(3) The regulations must, in particular, provide for the method of
15determining 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
amount 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
20to the regulatory bodies as are specified in the regulations.

(5) The Authority must—

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

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

(6) Having received a proposal under subsection (5), the Privy Council
25may consult the regulatory bodies.

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

(a) make a proposal as to the amount of funding that it considers
the Authority requires in order to perform for the period to
30which 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
would be required to pay.

(8) 35The Privy Council must—

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

(b) consult each regulatory body about the determination under
subsection (7)(b) of the amount it would be required to pay.

(9) 40Having 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
order to perform for the period to which the fee would apply
such of its functions in relation to the regulatory bodies as are
45specified 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
is to be required to pay.

(10) Regulations under this section requiring payment of a fee may make
5provision—

(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
is not paid within the period specified under paragraph (a);

(c) for the recovery of unpaid fees or interest.

(11) 10The 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) Before making regulations under this section, the Privy Council must
consult—

(a) 15the 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) 20In 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
25provision 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) 30Sections 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
35references 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
40the 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
45connection 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).

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

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

“25B 5Power 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) a regulatory body;

(b) 10a 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
15section 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
State” substitute “The Privy Council”.

(3) In section 38(2) of that Act (regulations and orders), omit “regulations under
20section 28 or”.

225 Accountability and governance

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

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

(a) 25in paragraph (e), for “the Secretary of State” substitute “the Privy
Council”, and

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

(3) In paragraph 6 (appointments), for “The Secretary of State” substitute “The
30Privy Council”.

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

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

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

“(3) 35The 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
the Authority.

(4) The Authority may, where it considers there are special
40circumstances 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) In 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) 5In paragraph 15 (accounts)—

(a) in 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) 10for “the Secretary of State” substitute “the Privy Council”.

(7) In 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) 15a 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) In sub-paragraph (2) of that paragraph, after “its report for that year”
20insert “, 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 222(13)) insert—

“(3F) A statutory instrument containing regulations made by the Privy
Council under paragraph 6 of Schedule 7 is subject to annulment in
25pursuance of a resolution of either House of Parliament.”

226 Appointments to regulatory bodies

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

“25C Appointments to regulatory bodies

(1) 30The 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) The Privy Council and the Authority may make arrangements for the
35Authority 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) The Privy Council may make arrangements with any other person to
40assist 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) The 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
5Authority to assist them in connection with their exercise of their
function 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
10paragraph.

(7) In 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
15paragraph 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
20paragraph 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
25paragraph 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
30under 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
35under 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
40under 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
45under 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) 50in 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
functions in relation to that Council).

(9) 5A reference to assisting in connection with the exercise of a function
does not include a reference to exercising the function.”

227 Establishment of voluntary registers

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

“25D 10Power 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) unregulated health professionals;

(b) 15unregulated 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
of becoming a member of—

(a) 20a 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
of becoming—

(a) 25an 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
subsection (1)(a), (b) or (c) of only such persons as are (or have been)
30engaged 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
subsection (1)(d) of only such persons as are (or have been)
35participating 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
a member of a profession for which the body maintains a
40voluntary 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) The General Pharmaceutical Council may establish and maintain a
45register 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
maintain a register under subsection (1) of only such persons as are (or
5have 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) Where regulatory bodies establish and maintain a register in reliance
10on 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
it is one of the bodies, and

(c) 15subsection (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) 20Accordingly, in those circumstances, the General Pharmaceutical
Council 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) 25A request to be registered, or to continue to be registered, in a register
established 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) 30“Voluntary register” means a register of persons in which a person is
not 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) 35engage in work that involves the provision of health care,

(d) engage 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
40to part only of the United Kingdom, a register is to be regarded as a
voluntary 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
45kind which applies—

(a) only 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) 5an 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) 10which 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) 15involves 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
20physical 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
25Health 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) 30“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) 35must 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
40assessment 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
45social 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
5section in relation to the register.”

228 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) 10Where 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) 15Accreditation 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
who have been removed from the register (whether voluntarily
20or 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
accreditation criteria, it may accredit the register.

(4) 25The 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
voluntary register no longer meets the accreditation criteria, the
30Authority 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
fee of such amount as the Authority may determine.

(7) 35The 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 Accreditation of voluntary register: impact assessment

(1) 40Before 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.