Health and Social Care Bill

Session 2010 - 12
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Health and Social Care Bill

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(9)
In section 38 of that Act (regulations and orders), after subsection (3E) (inserted
by section 223(13)) insert—
“(3F)
A statutory instrument containing regulations made by the Privy
Council under paragraph 6 of Schedule 7 is subject to annulment in
pursuance of a resolution of either House of Parliament.”
5
227
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)
The Privy Council and a regulatory body may make arrangements for
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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
Authority to assist the Privy Council in connection with—
15
(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
assist it in connection with—
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(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
25
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
function under that paragraph.
(6)
The Department of Health, Social Services and Public Safety in
30
Northern Ireland may make arrangements for the Authority to assist
the Department in connection with its exercise of its function under that
paragraph.
(7)
In this section, “regulatory body” does not include the Pharmaceutical
Society of Northern Ireland.
35
(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
40
members and chair and determination of terms of office),
(b)
in relation to the General Dental Council, the function under
paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such
functions as the Privy Council from time to time has by virtue

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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
paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and
such functions as the Privy Council from time to time has by
5
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
under paragraph 1A(2) of the Schedule to the Osteopaths Act
1993 and such functions as the Privy Council from time to time
10
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
under paragraph 1A(2) of Schedule 1 to the Chiropractors Act
1994 and such functions as the Privy Council has by virtue of
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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
under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010
(S.I. 2010/231) and such functions as the Privy Council from
20
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
under paragraph 1A(2) of Schedule 1 to the Nursing and
Midwifery Order 2001 (S.I. 2002/253) and such functions as the
25
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)
in relation to the Health and Care Professions Council, the
function under paragraph 1(2) of Schedule 1 to the Health and
30
Social Work Professions Order 2001 (S.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)
A reference to assisting in connection with the exercise of a function
35
does not include a reference to exercising the function.”
228
Establishment of voluntary registers
After section 25C of the National Health Service Reform and Health Care
Professions Act 2002 insert—
“25D
Power of regulatory bodies to establish voluntary registers
40
(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)
unregulated health care workers;
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(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—

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(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
of becoming—
5
(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
subsection (1)(a), (b) or (c) of only such persons as are (or have been)
10
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
subsection (1)(d) of only such persons as are (or have been)
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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
a member of a profession for which the body maintains a
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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)
The General Pharmaceutical Council may establish and maintain a
25
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
maintain a register under subsection (1) of only such persons as are (or
30
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)
Where regulatory bodies establish and maintain a register in reliance
35
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
it is one of the bodies, and
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(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.
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(11)
Accordingly, in those circumstances, the General Pharmaceutical
Council and the Pharmaceutical Society of Northern Ireland may

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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
established under subsection (1) must be accompanied by a fee of such
5
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
not required by an enactment to be registered in order to be entitled
10
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)
engage in work of a description given in section 60(2ZC) of the
15
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
voluntary register in so far as it applies to any part of the United
20
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)
only to work or practice of a particular kind, and
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(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)
an Act of Parliament,
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(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)
which is concerned with the physical or mental health of
35
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)
involves the provision of health care, but
40
(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
physical or mental health, and
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(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
Health Act 1999.
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(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)
“The social work profession in England” has the meaning given in that
10
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)
must consult such persons as it considers appropriate.
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(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
assessment of the likely impact of establishing the register on—
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(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
social work services in England.
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(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
section in relation to the register.”
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229
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)
Where a regulatory body or other person maintains a voluntary
35
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—
40
(a)
the provision to the Authority of information in connection
with the establishment, operation or maintenance of register;

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(b)
publication of the names of persons included in the register or
who 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.
5
(3)
If the Authority is satisfied that a voluntary register meets the
accreditation 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.
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(5)
If, on a review under subsection (4), the Authority is satisfied that a
voluntary 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
15
accredit a register, unless the person who maintains the register pays a
fee 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.
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(9)
“Voluntary register” has the meaning given in section 25E.
25H
Accreditation 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.
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(2)
For that purpose, the Authority 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
assessment of the likely impact of accrediting the register on—
30
(a)
persons who are, or are eligible to be, included in the register;
(b)
persons 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.
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(4)
For the purposes of subsection (3), the Authority may request the
person 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.
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(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.