Health and Social Care Bill

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.