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Health and Social Care BillPage 400

113 In section 2(2) (bodies with duty to have regard to NHS Constitution) omit
paragraph (c).

114 In section 8(2) (bodies with duty to publish information on quality of
services) omit paragraph (b).

5Corporation Tax Act 2010 (c. 4)Corporation Tax Act 2010 (c. 4)

115 In section 986 of the Corporation Tax Act 2010 (meaning of “health service
body”), in the table, in the entry for a National Health Service Trust, omit
“section 25 of the National Health Service Act 2006 or”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

116 10In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty), in the group of entries that includes entries for bodies
whose functions relate to the health service, omit the entry for an NHS trust.

Section 181

SCHEDULE 15 Local Healthwatch Organisations

Section 220A

15Schedule 1 Local Healthwatch organisations

Status

1 (1) A Local Healthwatch organisation (“LHW”) is a body corporate.

(2) An LHW is not to be regarded as a servant or agent of the Crown
20or to be regarded as enjoying any status, immunity or privilege of
the Crown.

(3) The property of an LHW is not to be regarded as property of, or
property held on behalf of, the Crown.

Membership

2 (1) 25The Secretary of State may by regulations make provision about
the membership of LHWs.

(2) The regulations may, in particular, make provision about—

(a) the number of members;

(b) conditions of eligibility for membership;

(c) 30the appointment of members (including who has the
power of appointment);

(d) the terms of appointment;

(e) circumstances in which a person ceases to be a member or
may be suspended;

(f) 35the payment of remuneration and other amounts to or in
respect of members.

Health and Social Care BillPage 401

(3) The regulations must make provision requiring a person who has
power to appoint a member of an LHW to act with a view to
securing that the members of the LHW (taken together) are
representative of—

(a) 5people who live in the LHW’s area,

(b) people to whom care services are being or may be
provided in that area, and

(c) people from that area to whom care services are being
provided in any place.

(4) 10In sub-paragraph (3), “care services” has the meaning given in
section 221.

(5) The regulations may impose duties on a responsible person as
respects responding to requests for information made by a person
who has power to appoint a member of an LHW when
15discharging the duty imposed by virtue of sub-paragraph (3).

(6) In sub-paragraph (5), “responsible person” means a responsible
person for the purposes of section 224(1).

Staff

3 (1) An LHW may appoint persons as employees.

(2) 20An employee of an LHW is to be appointed on such terms and
conditions (including as to remuneration, pensions and
allowances) as the organisation may determine.

General powers

4 (1) An LHW may do anything which appears to it to be necessary or
25expedient for the purpose of, or in connection with, the exercise of
its functions.

(2) In particular, that includes—

(a) entering into agreements,

(b) acquiring and disposing of land and other property,

(c) 30co-operating with other public authorities in England, and

(d) providing training.

(3) An LHW must exercise its functions effectively, efficiently and
economically.

Committees

5 (1) 35An LHW may appoint committees and sub-committees.

(2) A committee or sub-committee appointed by an LHW under sub-
paragraph (1) may consist of or include persons who are not
members of the LHW.

(3) An LHW may pay remuneration and allowances to persons who
40are members of a committee or sub-committee of its but are not
members of the LHW.

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Exercise of functions

6 (1) An LHW may arrange for a member, employee, committee or sub-
committee of its to exercise functions of its on its behalf.

(2) An LHW may arrange for some other person to exercise functions
5of its on its behalf.

(3) An LHW may arrange for persons to assist it in the exercise of
functions of its.

(4) Arrangements under sub-paragraph (2) or (3) may include
provision for the payment of remuneration or other amounts.

(5) 10In making arrangements under this paragraph, an LHW must act
with a view to securing that, so far as appropriate, the persons
with whom it makes the arrangements (taken together) are
representative of—

(a) people who live in the LHW’s area,

(b) 15people to whom care services are being or may be
provided in that area, and

(c) people from that area to whom care services are being
provided in any place.

(6) In sub-paragraph (5), “care services” has the meaning given in
20section 221.

Accounts

7 (1) An LHW must keep accounts in such form as the Secretary of State
may determine.

(2) An LHW must prepare annual accounts in respect of each
25financial year in such form as the Secretary of State may
determine.

(3) An LHW must, within such period as the Secretary of State may
determine, send copies of its annual accounts to the Secretary of
State.

(4) 30The Secretary of State may direct an LHW that the accounts
prepared by it under this paragraph are to be audited in
accordance with such requirements as are specified in the
direction; but subject to that, an LHW must arrange for the
accounts so prepared to be audited in such manner as it considers
35appropriate.

(5) A direction under sub-paragraph (4) may be varied or revoked by
a subsequent direction.

(6) In this paragraph, “financial year” means—

(a) the period beginning with the day on which the LHW is
40established and ending with the following 31 March, and

(b) each successive period of 12 months ending with 31
March.

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Sections 229 and 230

SCHEDULE 16 Part 7: consequential amendments and savings

Part 1 Abolition of The General Social Care Council

5Amendments to the Care Standards Act 2000 (c. 14)Care Standards Act 2000 (c. 14)

1 The Care Standards Act 2000 is amended as follows.

2 In section 55(3)(g) (power to treat persons on certain social work courses as
social care workers)—

(a) for “a Council” substitute “the Welsh Council”, and

(b) 10after “section 63” insert “, or by the Health and Care Professions
Council under article 15 of the Health and Social Work Professions
Order 2001,”.

3 In section 56 (register of social care workers etc.)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,
15and

(b) in subsection (4), for “the Council” substitute “the Welsh Council”.

4 In section 57 (applications for registration), in subsection (1), for “a Council”
substitute “the Welsh Council”.

5 In section 58 (grant or refusal of registration), in subsection (1) for “the
20Council” substitute “the Welsh Council”.

6 In section 58A (visiting social workers from relevant European States)—

(a) in subsections (3) and (7), for “a Council” substitute “the Welsh
Council”, and

(b) in subsection (6), for “a Council, that” substitute “the Welsh Council,
25the”.

7 In section 59 (removal etc. from register), in subsection (1), for “Each
Council” substitute “The Welsh Council”.

8 In section 60 (rules about registration), for “A Council” substitute “The
Welsh Council”.

9 30In section 61 (offence relating to use of title “social worker” etc.)—

(a) in subsection (1), after “a person” insert “in Wales”,

(b) in subsection (2)(a), for “a Council” substitute “the Welsh Council”,
and

(c) in subsection (2)(b), after “the law of” insert “England and Wales so
35far as applying in relation to England,”.

10 In section 62 (codes of practice)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,

(b) in subsections (3), (4) and (6), for “a Council” substitute “the
Council”, and

(c) 40in subsection (5), after “Local authorities” insert “in Wales”.

11 In section 63 (approval of courses etc.)—

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(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,
and

(b) in subsection (4), for “A Council” substitute “The Council”.

12 In section 64 (qualifications gained outside Council’s area)—

(a) 5in subsection (A1), for “a Council” substitute “the Welsh Council”,

(b) omit subsection (1), and

(c) for the title substitute “Qualifications gained outside the Welsh
Council’s area”.

13 In section 65(1) (power to make rules requiring registered persons to
10undertake further training), for “A Council” substitute “The Welsh Council”.

14 In section 66 (visitors for certain social work courses)—

(a) in subsection (1), for “A Council” substitute “The Welsh Council”,
and

(b) in subsection (3), for “a Council” substitute “the Council”.

15 15In section 67 (functions of the appropriate Minister)—

(a) in subsection (2), for “a Council” substitute “the Welsh Council”, and

(b) in subsection (5), omit paragraph (a) (and the “or” following it).

16 In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a
Council” substitute “the Welsh Council”.

17 20In section 69 (publication etc. of register), in subsection (1), for “A Council”
substitute “The Welsh Council”.

18 Omit section 70 (abolition of the Central Council for Education and Training
in Social Work).

19 In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council”
25substitute “the Welsh Council”.

20 In section 113 (default Ministerial powers), omit subsection (1).

21 In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.

22 In section 118 (orders and regulations), in subsection (4), omit the words
from “; and” to the end.

23 30In section 121 (13) (index of defined expressions)—

(a) omit the entry for “CCETSW”,

(b) omit the entry for references to the Council, the English Council and
the Welsh Council, and

(c) at the end insert—

the Welsh Council 35Section 54.

24 In section 122 (commencement), omit “section 70(2) to (5) and”.

25 In section 123 (extent), omit subsection (3).

26 Schedule 1 (the Care Councils) is amended as follows.

27 Omit paragraph 1 (introductory).

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28 In paragraph 2 (status)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “an authority’s” substitute “the Council’s”.

29 In paragraph 3(1) (general powers), for “the Secretary of State, an authority”
5substitute “the Welsh Ministers, the Welsh Council”.

30 In paragraph 4 (general duty), for “an authority” substitute “the Welsh
Council”.

31 For paragraph 5 (membership)—

(a) for “Each authority” substitute “The Welsh Council”, and

(b) 10for “the Secretary of State” substitute “the Welsh Ministers”.

32 In paragraph 6 (appointment, procedure etc.)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Welsh Council”,

(c) in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each
15place it appears) for “an authority” substitute “the Council”, and

(d) in paragraph (c), for “the authority” substitute “the Council”.

33 (1) Paragraph 7 (remuneration and allowances) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”,

(b) 20for “the authority”, in each place it appears, substitute “the Council”,
and

(c) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “the Secretary of State so determines” substitute “the Welsh
25Ministers so determine”,

(b) for “an authority”, in each place it appears, substitute “the Council”,
and

(c) for “the Secretary of State” substitute “the Welsh Ministers”.

(4) In sub-paragraph (3)—

(a) 30for “the Secretary of State determines” substitute “the Welsh
Ministers determine”,

(b) for “an authority” substitute “the Council”,

(c) for “the authority” substitute “the Council”, and

(d) for “the Secretary of State” substitute “the Welsh Ministers”.

34 (1) 35Paragraph 8 (chief officer) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “each authority” substitute “the Welsh Council”, and

(b) for “the authority”, in each place it appears, substitute “the Council”.

(3) In sub-paragraph (2), for “the Secretary of State”, in each place it appears,
40substitute “the Welsh Ministers”.

(4) In sub-paragraph (3), for “the authority” substitute “the Council”.

(5) In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh
Ministers”.

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35 (1) Paragraph 12 (staff) is amended as follows.

(2) In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.

(3) In sub-paragraph (2)—

(a) for “an authority” substitute “the Council”, and

(b) 5for “the authority” substitute “the Council”.

(4) In sub-paragraph (3), for “an authority” substitute “the Council”.

(5) In sub-paragraph (4)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Council”, and

(c) 10in paragraph (c), for “the authority” substitute “the Council”.

36 (1) Paragraph 13 (delegation of functions) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “the authority” substitute “the Council”.

(3) 15In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

(b) for “the authority” substitute “the Council”.

37 In paragraph 14 (arrangements for the use of staff)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) 20in paragraph (a), for “an authority” substitute “the Welsh Council”,
and

(c) in paragraph (b), for “an authority” substitute “the Council”, and for
“the authority” substitute “the Council”.

38 In paragraph 16 (payments to authorities)—

(a) 25for “The Secretary of State” substitute “The Welsh Ministers”,

(b) for “an authority” substitute “the Welsh Council”, and

(c) for “he considers” substitute “they consider”.

39 (1) Paragraph 18 (accounts) is amended as follows.

(2) In sub-paragraph (1)—

(a) 30for “An authority” substitute “The Welsh Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(4) 35In sub-paragraph (3)—

(a) for “An authority” substitute “The Council”,

(b) for “the Secretary of State”, in each place it appears, substitute “the
Welsh Ministers”, and

(c) for “the Comptroller and Auditor General” substitute “the Auditor
40General for Wales”.

(5) In sub-paragraph (4)—

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(a) for “The Comptroller and Auditor General” substitute “The Auditor
General for Wales”, and

(b) for “Parliament” substitute “the Assembly”.

(6) In sub-paragraph (5)—

(a) 5for “an authority” substitute “the Council”, and

(b) in paragraph (a), for “the authority” substitute “the Council”.

40 (1) Paragraph 19 (reports etc.) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) 10for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An Authority” substitute “The Council”,

(b) for “the Secretary of State” substitute “the Welsh Ministers”, and

(c) for “he” substitute “they”.

(4) 15In sub-paragraph (3), for “the authority” substitute “the Council”.

41 In paragraph 20 (application of seal)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) in paragraphs (a) and (b), for “the authority” substitute “the
Council”.

42 20In paragraph 21 (evidence), for “an authority” substitute “the Welsh
Council”.

43 For the title to Schedule 1 substitute “The Welsh Council”.

Amendments to the Health and Social Care Act 2008 (c. 14)Health and Social Care Act 2008 (c. 14)

44 The Health and Social Care Act 2008 is amended as follows.

45 (1) 25In section 124 (regulation of social care workers)—

(a) in subsection (1), for “appropriate Minister”, in each place it appears,
substitute “Welsh Ministers”,

(b) in that subsection, for “their regulation” substitute “the regulation of
social care workers”, and

(c) 30in subsection (3), omit the definition of “the appropriate Minister”.

(2) For the title to that section substitute “Regulation of social care workers:
Wales”.

46 Section 125 (standard of proof in proceedings relating to registration of
social care worker)—

(a) 35in subsection (2), for “a committee of a Council, a Council itself or
any officer of a Council” substitute “the Care Council for Wales, a
committee of the Council or any officer of the Council”, and

(b) in subsection (3), omit paragraph (a).

47 (1) Section 126 (education and training of approved mental health
40professionals) is amended as follows.

(2) In subsection (1)—

(a) for “appropriate Minister” substitute “Welsh Ministers”, and

Health and Social Care BillPage 408

(b) omit “the General Social Care Council or”.

(3) In subsection (4), omit the definition of “the appropriate Minister”.

(4) For the title to section 126 substitute “Education and training of approved
mental health professionals: Wales”.

48 5In section 171(4) (provisions which Welsh Ministers have power to
commence), before paragraph (a) insert—

(za) sections 124 and 125 and Schedule 9 (regulation of social care
workers: Wales) and section 126 (education and training of
approved mental health professionals: Wales),.

49 (1) 10Schedule 9 (regulation of social care workers) is amended as follows.

(2) In paragraph 1 (interpretation), for the definition of “the appropriate
Council” substitute—

(3) In paragraph 2 (matters generally within the scope of regulations), in
15paragraphs (a) and (h), for “the appropriate Council” substitute “the
Council”.

(4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council”
substitute “the Council”.

(5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from
20“Ministers of the Crown” to “Welsh Ministers, on”.

(6) In paragraph 8 (matters outside the scope of regulations)—

(a) in sub-paragraph (1), omit “the General Social Care Council or”,

(b) in sub-paragraph (2), for “either of those Councils” substitute “the
Council”, and

(c) 25in that sub-paragraph, for “that Council” substitute “the Council”.

(7) Omit paragraph 9 (preliminary procedure for making regulations: England).

(8) For the title to that Schedule substitute “Regulation of social care workers:
Wales”.

Amendments to other Acts

50 30In the following provisions, omit the entry for the General Social Care
Council—

(a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,

(b) Schedule 2 to the Parliamentary Commissioner Act 1967,

(c) Part 2 of Schedule 1 to the House of Commons Disqualification
35Act 1975,

(d) Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975, and

(e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

51 In section 343 of the Income Tax (Earning and Pensions) Act 2003
40(deductions for professional membership fees), in paragraph 1 of the Table
in subsection (2), omit sub-paragraph (o).

52 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers:
duty to refer), in entry number 8 in the table in subsection (7)—

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(a) in the first column, after “social care workers” insert “in Wales”, and

(b) in the second column, for the words from “General” to the end
substitute “Care Council for Wales”.

Part 2 5The Health and Care Professions Council

53 (1) A reference in any instrument or document to the Health Professions
Council is to be read, in relation to any time after the commencement of
section 213(1), as a reference to the Health and Care Professions Council.

(2) A reference in this Act or any other enactment, or in any other instrument or
10document, to the Health and Care Professions Council is to be read, in
relation to any time before the commencement of section 213(1), as a
reference to the Health Professions Council.

(3) In sub-paragraph (2), “enactment” means an enactment contained in, or in
an instrument made under—

(a) 15an 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.

54 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
20at the appropriate place insert—

55 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975, at the appropriate place insert—

56 25In the following provisions, for “the Health Professions Council” substitute
“the Health and Care Professions Council”—

(a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,

(b) section 25(3)(gb) of the National Health Service Reform and Health
Care Professions Act 2002,

(c) 30section 4(4)(a) of the Health (Wales) Act 2003,

(d) paragraph 1(f) of the Table in section 343(2) of the Income Tax
(Earning and Pensions) Act 2003,

(e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups
Act 2006, and

(f) 35sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable
Groups (Scotland) Act 2007.

57 In section 257(3) of the Armed Forces Act 2006 (definition of “registered
social worker”), for paragraph (a) substitute—

(a) the Health and Care Professions Council;.

58 40After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act
2007, insert—

(6) The reference in subsection (5) to the Health and Care Professions
Council does not include a reference to that body in so far as it has
functions relating to the social work profession in England or social

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Contents page 300-309 310-319 320-329 330-339 340-349 350-359 360-369 370-379 380-389 390-399 400-409 410-419 420-429 430-439 440-442 Last page