Health and Social Care Bill

Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill

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Part 7 — Regulation of health and social care workers
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(a)
all forms of health care for individuals, whether relating
to physical or mental health, and
(b)
procedures that are similar to forms of medical or
surgical care but are not provided in connection with a
medical condition;”.
5
220
References in enactments to registered health professionals, etc.
(1)
In section 58 of the Medicines Act 1968 (medicinal products on prescription
only), after subsection (1A) insert—
“(1ZA)
Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so
far as they are registered as members of the social work profession in
10
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”
(2)
In section 27 of the National Health Service (Scotland) Act 1978 (arrangements
for provision of pharmaceutical services), after subsection (1B) insert—
“(1C)
Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so
15
far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”
(3)
In section 3 of the Video Recordings Act 1984 (exempted supplies), after
subsection (11) insert—
20
“(11A)
But subsection (11) does not apply to a person in so far as the person is
required to register under the Health and Social Work Professions
Order 2001 as a member of the social work profession in England
(within the meaning of section 60 of the Health Act 1999).”
(4)
In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption
25
for medical care services), in the Notes, after Note (2) insert—
“(2ZA)
Paragraph (c) of item 1 does not include supplies of services made by
a person in the capacity of a registered member of the social work
profession in England (within the meaning of section 60 of the Health
Act 1999).”
30
(5)
In section 69 of the Data Protection Act 1998 (meaning of “health
professional”), at the end of paragraph (h) of subsection (1), insert “, except in
so far as the person is registered as a social worker in England (within the
meaning of that Order)”.
(6)
In section 25 of the National Health Service Reform and Health Care
35
Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after
subsection (3) insert—
“(3A)
A reference in an enactment to a body mentioned in subsection (3) is
not (unless there is express provision to the contrary) to be read as
including a reference to the Health and Care Professions Council, or a
40
regulatory body within subsection (3)(j), so far as it has functions
relating to—
(a)
the social work profession in England, or
(b)
social care workers in England.
(3B)
For the purposes of subsection (3A)—
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“enactment” means an enactment contained in—
(a)
an Act, an Act of the Scottish Parliament or an Act or
Measure of the National Assembly for Wales (whether
passed before or after the commencement of this
subsection), or
5
(b)
subordinate legislation (within the meaning of the
Interpretation Act 1978), an instrument made under an
Act of the Scottish Parliament, an Act or Measure of the
National Assembly for Wales or Northern Ireland
legislation (whether made before or after that
10
commencement), and
“the social work profession in England” and “social care workers
in England” have the meaning given in section 60 of the 1999
Act.”
(7)
In section 126 of the National Health Service Act 2006 (arrangements for
15
provision of pharmaceutical services), after subsection (4) insert—
“(4A)
Paragraphs (a) and (h) of subsection (4) do not apply to persons in so
far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”
20
(8)
In section 80 of the National Health Service (Wales) Act 2006 (arrangements for
provision of pharmaceutical services), after subsection (4) insert—
“(4A)
Paragraphs (a) and (h) of subsection (4) do not apply to persons in so
far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
25
having the same meaning as in section 60 of the Health Act 1999).”
Role of the Secretary of State
221
Functions of the Secretary of State in relation to social care workers
(1)
In section 67 of the Care Standards Act 2000 (functions of the appropriate
Minister), after subsection (1) insert—
30
“(1A)
But the Secretary of State may not exercise the function under
subsection (1)(a) or (d) in relation to a social worker who is registered
as such in a register maintained under article 5 of the Health and Social
Work Professions Order 2001.”
(2)
In subsection (2) of that section, after “take part in” insert “courses approved
35
by the Health and Care Professions Council under article 15 or by virtue of
article 19(4) of the Health and Social Work Professions Order 2001 for persons
who are or wish to become social workers,”.
(3)
The Secretary of State may make arrangements with the Health and Care
Professions Council for the discharge, during the relevant period, of the
40
functions of the General Social Care Council; and for that purpose “the relevant
period” is the period—
(a)
beginning with the day on which this Act is passed, and
(b)
ending with the commencement of section 212(1).

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The Professional Standards Authority for Health and Social Care
222
The Professional Standards Authority for Health and Social Care
(1)
The body corporate known as the Council for Healthcare Regulatory
Excellence—
(a)
is to continue to exist, and
5
(b)
is to change its name to the Professional Standards Authority for Health
and Social Care.
(2)
In consequence of that, in section 25 of the National Health Service Reform and
Health Care Professions Act 2002 (which establishes the Council for Healthcare
Regulatory Excellence), in subsection (1)—
10
(a)
for “the Council for Healthcare Regulatory Excellence” substitute “the
Professional Standards Authority for Health and Social Care”, and
(b)
for ““the Council”” substitute ““the Authority””.
(3)
For the title of section 25 of that Act substitute “The Professional Standards
Authority for Health and Social Care”.
15
(4)
For the cross-heading preceding that section substitute “The Professional
Standards Authority for Health and Social Care”.
(5)
For the title of Part 2 of that Act substitute “Health and Social Care
Professions etc.”.
223
Functions of the Authority
20
(1)
In section 25 of the National Health Service Reform and Health Care
Professions Act 2002 (the Professional Standards Authority), in subsection
(2)(a), for “patients” substitute “users of health care, users of social care in
England, users of social work services in England”.
(2)
In subsection (2A) of that section, for “patients” substitute “users of health care,
25
users of social care in England, users of social work services in England”.
(3)
In section 26A of that Act (powers of Secretary of State etc. to request the
Authority for advice), after subsection (1) insert—
“(1A)
The Secretary of State may request the Authority for advice on any
matter connected with the social work profession, or social care
30
workers, in England; and the Authority must comply with such a
request.”
(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
35
fee as the Authority determines; and the fee may be charged by
reference to the advice or the investigation and report concerned or on
a periodic basis.”
(5)
In subsection (3) of that section, after “this section” insert “—
“health care profession” means a profession (whether or not
40
regulated by or by virtue of any enactment) which is concerned
(wholly or partly) with the physical or mental health of
individuals; and”.

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(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)
In section 27 of that Act (the Authority and regulatory bodies), in subsections
(5) and (13), for “Secretary of State” substitute “Privy Council”.
5
(8)
In subsection (7) of that section—
(a)
for “Secretary of State” substitute “Privy Council”, and
(b)
in paragraph (a), omit “he or”.
(9)
In section 29 of that Act (reference of disciplinary cases to court by the
Authority), in subsection (5), after “subsection (4)” insert “(subject to
10
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
High Court of Justice in England and Wales.”
(11)
In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.
15
(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 224(3)) insert—
“(3E)
A statutory instrument containing regulations made by the Privy
Council under section 27 is subject to annulment in pursuance of a
20
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”.
224
Funding of the Authority
25
(1)
After 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
30
determines 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
35
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
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
40
to the regulatory bodies as are specified in the regulations.
(5)
The Authority must—

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(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
may consult the regulatory bodies.
(7)
Having taken into account such representations as it receives from
5
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
which the fee would apply such of its functions in relation to the
regulatory bodies as are specified in the regulations, and
10
(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)
The Privy Council must—
(a)
consult the Authority about the proposal under subsection
15
(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)
Having taken into account such representations as it receives from
consultees, the Privy Council must—
20
(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
specified in the regulations, and
(b)
determine in accordance with the method provided for under
25
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
provision—
(a)
requiring the fee to be paid within such period as is specified;
30
(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)
The regulations may enable the Privy Council to redetermine the
amount of a fee provided for under the regulations, on a request by the
35
Authority or a regulatory body or on its own initiative.
(12)
Before making regulations under this section, the Privy Council must
consult—
(a)
the Authority,
(b)
the regulatory bodies, and
40
(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”.

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(3)
In 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
5
provision 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)).
10
(3C)
Sections 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
15
references 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
20
the 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
25
connection 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).
225
Power to advise regulatory bodies, investigate complaints, etc.
(1)
After section 25A of the National Health Service Reform and Health Care
30
Professions 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—
35
(a)
a 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.
40
(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
State” substitute “The Privy Council”.
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(3)
In section 38(2) of that Act (regulations and orders), omit “regulations under
section 28 or”.
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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.
5
(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
executive member”.
10
(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”
substitute “the Authority”, and
15
(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
the Authority.
20
      (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)
In paragraph 11 (employees)—
25
(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)
in each of sub-paragraphs (1) and (2), for “the Secretary of State”
30
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)
In paragraph 16 (reports and other information), after sub-paragraph (1A)
35
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
40
(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”
insert “, and a copy of each of its strategic plans published in that year,”.