Session 2010 - 12
Internet Publications
Other Bills before Parliament

Health and Social Care Bill


Health and Social Care Bill
Part 12 — Final provisions

280

 

(a)   

power to make incidental, supplementary, consequential, saving,

transitional or transitory provision (including, in the case of a power to

make regulations, provision amending, repealing or revoking

enactments), and

(b)   

power to provide for a person to exercise a discretion in dealing with

5

any matter.

(11)   

A power to give directions under or by virtue of this Act includes power to

vary or revoke the directions by subsequent directions.

(12)   

A direction under this Act by a Minister of the Crown (acting alone)—

(a)   

must, in the case of a direction under any of the following provisions,

10

be given by regulations or an instrument in writing—

(i)   

section 71(2) (direction to Monitor to perform functions);

(ii)   

section 234(1) (direction to NICE to prepare quality standards);

(iii)   

section 245(1) (direction to NICE to perform functions);

(iv)   

section 249(8) (direction to Board to be transitional

15

commissioner in relation to pre-commencement statements of

quality standards);

(v)   

section 254(1) (direction to Information Centre to establish

information systems);

(vi)   

section 255(5) or (6) (direction to Information Centre to comply,

20

or not to comply, with request to establish information

systems);

(vii)   

section 260(2)(d) (direction to Information Centre that

information of specified description is not subject to duty to

publish);

25

(viii)   

section 272(1) (direction to Information Centre to perform

functions);

(ix)   

paragraph 7 of Schedule 6 (direction to Board to exercise

functions of Secretary of State relating to Primary Care Trusts),

and

30

(b)   

must, in the case of any other direction, be given by an instrument in

writing.

(13)   

A direction under or by virtue of this Act by any other person (or persons) must

be given by an instrument in writing.

305     

Financial provision

35

There is to be paid out of money provided by Parliament—

(a)   

any expenditure incurred by virtue of this Act by the Secretary of State,

and

(b)   

any increase attributable to this Act in the sums payable under any

other Act out of money so provided.

40

306     

Commencement

(1)   

The following provisions come into force on the day on which this Act is

passed—

(a)   

section 219 (Health and Care Professions Council: power to make

arrangements with other health or social care regulators);

45

 
 

Health and Social Care Bill
Part 12 — Final provisions

281

 

(b)   

section 221(3) (power of Secretary of State to make arrangements with

Health and Care Professions Council to discharge General Social Care

Council’s functions during period preceding abolition);

(c)   

the provisions of this Part;

(d)   

any other provision of this Act so far as is necessary for enabling the

5

exercise on or after the day on which this Act is passed of any power to

make an order or regulations or to give directions that is conferred by

the provision or an amendment made by it.

(2)   

Sections 35 to 37 come into force on such day as the appropriate authority may

by order appoint.

10

(3)   

In subsection (2) “the appropriate authority” means—

(a)   

in relation to England, the Secretary of State;

(b)   

in relation to Wales, the Welsh Ministers.

(4)   

The other provisions of this Act come into force on such day as the Secretary of

State may by order appoint.

15

(5)   

Different days may be appointed under subsection (2) or (4) for different

purposes (including different areas).

(6)   

Transitory provision in an order under subsection (2) or (4) may, in particular,

modify the application of a provision of this Act pending the commencement

of—

20

(a)   

another provision of this Act, or

(b)   

any other enactment (within the meaning of section 303).

(7)   

An order under subsection (4) which brings paragraph 17 of Schedule 1A to the

National Health Service Act 2006 (inserted by Schedule 2) into force may make

provision—

25

(a)   

for the duty of a clinical commissioning group under sub-paragraph (1)

or (2) of that paragraph not to apply in relation to the whole or any part

of the initial period (within the meaning of Schedule 6), and

(b)   

for the duty of the Board under paragraph 16 of Schedule A1 to that Act

(inserted by Schedule 1) to have effect subject to such modifications

30

specified in the order as the Secretary of State considers appropriate in

consequence of the provision made under paragraph (a).

(8)   

Where a provision of this Act (or an amendment made by it) requires

consultation to take place, consultation undertaken before the commencement

of the provision is as effective for the purposes of that provision as consultation

35

undertaken after that commencement.

307     

Commencement: consultation with Scottish Ministers

(1)   

The Secretary of State must consult the Scottish Ministers before making an

order under section 306(4) relating to—

(a)   

section 58 (radiation protection functions), so far as relating to the

40

Scottish Ministers,

(b)   

section 60 (co-operation in relation to public health functions), so far as

relating to the exercise of functions in relation to Scotland by a person

to which the provision inserted by subsection (1) of that section applies,

 
 

Health and Social Care Bill
Part 12 — Final provisions

282

 

(c)   

section 223(4) (requirement for persons advised etc. by the Professional

Standards Authority for Health and Social Care to pay fee), so far as

relating to the Scottish Ministers,

(d)   

section 224(1) (funding of the Professional Standards Authority for

Health and Social Care), so far as relating to a body that regulates a

5

profession in Scotland which does not fall within Section G2 of Part 2 of

Schedule 5 to the Scotland Act 1998 (health professions),

(e)   

section 224(4) and (5) (power of the Professional Standards Authority

for Health and Social Care to borrow), so far as relating to functions of

the Professional Standards Authority for Health and Social Care which

10

are exercisable in relation to—

(i)   

unregulated health professionals in Scotland, unregulated

health care workers in Scotland or relevant students in

Scotland,

(ii)   

a body that maintains a register of persons within sub-

15

paragraph (i),

(iii)   

a profession in Scotland which does not fall within Section G2

of Part 2 of Schedule 5 to the Scotland Act 1998, or

(iv)   

a body that regulates a profession within sub-paragraph (iii),

(f)   

section 225(1) (power of the Professional Standards Authority for

20

Health and Social Care to advise regulatory bodies etc.), so far as

relating to a body that regulates a profession in Scotland which does

not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998

(architects, health professions and auditors),

(g)   

section 226(8) (requirement for the Professional Standards Authority

25

for Health and Social Care to lay copy strategic reports before

Parliament etc.), so far as relating to the Scottish Parliament,

(h)   

section 227 (appointments to regulatory bodies), so far as relating to—

(i)   

the exercise of the appointment functions under subsection

(8)(f) of the provision inserted by that section, or

30

(ii)   

subsection (4) of that provision,

(i)   

section 228 (establishment of voluntary registers), so far as relating to

the establishment and maintenance of relevant registers,

(j)   

section 229 (accreditation of voluntary registers), so far as relating to the

functions of the Professional Standards Authority for Health and Social

35

Care in relation to relevant registers,

(k)   

Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care

Professions Council or the Professional Standards Authority for Health

and Social Care) and section 230(1) so far as relating to the Part in

question, and

40

(l)   

paragraphs 1 to 4 of Schedule 21 (amendments of the National Health

Service (Scotland) Act 1978 relating to the relationships between the

health services) and section 297 so far as relating to those paragraphs.

(2)   

In this section—

“relevant registers” means—

45

(a)   

registers of unregulated health professionals in Scotland,

(b)   

registers of unregulated health care workers in Scotland, or

(c)   

registers of relevant students in Scotland,

“relevant students in Scotland” means persons participating in studies in

Scotland for the purpose of becoming—

50

(a)   

an unregulated health professional,

 
 

Health and Social Care Bill
Part 12 — Final provisions

283

 

(b)   

an unregulated health care worker, or

(c)   

a member of a profession which does not fall within Section G2

of Part 2 of Schedule 5 to the Scotland Act 1998,

“unregulated health professional” means a person who is or has been

practising as an unregulated health professional (within the meaning of

5

the provisions inserted by section 228) and “unregulated health

professional in Scotland” means a person who is or has been practising

as such in Scotland, and

“unregulated health care worker” means a person who is or has been

engaged in work as an unregulated health care worker (within the

10

meaning of those provisions) and “unregulated health care worker in

Scotland” means a person who is or has been engaged in such work in

Scotland.

308     

Extent

(1)   

Subject to subsections (2) to (5), this Act extends to England and Wales only.

15

(2)   

Any amendment, repeal or revocation made by this Act has the same extent as

the enactment amended, repealed or revoked.

(3)   

The following provisions extend to England and Wales, Scotland and Northern

Ireland—

(a)   

section 46 insofar as it inserts section 252A(8) of the National Health

20

Service Act 2006;

(b)   

sections 56(1) and (3), 57, 58 and 60 (public health functions);

(c)   

section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in

instruments etc.);

(d)   

section 214(1) (the Health and Care Professions Council);

25

(e)   

section 222(1) (the Professional Standards Authority for Health and

Social Care);

(f)   

section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15

(Part 7: consequential provision etc.);

(g)   

section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the

30

Office of the Health Professions Adjudicator);

(h)   

section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the

Appointments Commission);

(i)   

sections 300 and 301 (transfer schemes) insofar as they confer powers in

connection with the abolition of the Health Protection Agency;

35

(j)   

this Part.

(4)   

Sections 128 to 133 (health special administration) extend to England and

Wales and Scotland.

(5)   

The Secretary of State may by order provide that specified provisions of this

Act, in their application to the Isles of Scilly, have effect with such

40

modifications as may be specified.

309     

Short title

This Act may be cited as the Health and Social Care Act 2012.

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 15 March 2012