|
| |
|
(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 |
| |
| |
(b) | power to provide for a person to exercise a discretion in dealing with |
| 5 |
| |
(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 |
| |
| |
(v) | section 254(1) (direction to Information Centre to establish |
| |
| |
(vi) | section 255(5) or (6) (direction to Information Centre to comply, |
| 20 |
or not to comply, with request to establish information |
| |
| |
(vii) | section 260(2)(d) (direction to Information Centre that |
| |
information of specified description is not subject to duty to |
| |
| 25 |
(viii) | section 272(1) (direction to Information Centre to perform |
| |
| |
(ix) | paragraph 7 of Schedule 6 (direction to Board to exercise |
| |
functions of Secretary of State relating to Primary Care Trusts), |
| |
| 30 |
(b) | must, in the case of any other direction, be given by an instrument in |
| |
| |
(13) | A direction under or by virtue of this Act by any other person (or persons) must |
| |
be given by an instrument in writing. |
| |
| 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, |
| |
| |
(b) | any increase attributable to this Act in the sums payable under any |
| |
other Act out of money so provided. |
| 40 |
| |
(1) | The following provisions come into force on the day on which this Act is |
| |
| |
(a) | section 219 (Health and Care Professions Council: power to make |
| |
arrangements with other health or social care regulators); |
| 45 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
(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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(ii) | a body that maintains a register of persons within sub- |
| 15 |
| |
(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 |
| |
| 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. |
| |
| |
“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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
“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 |
| |
| |
| |
(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 |
| |
| |
(a) | section 46 insofar as it inserts section 252A(8) of the National Health |
| 20 |
| |
(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 |
| |
| |
(d) | section 214(1) (the Health and Care Professions Council); |
| 25 |
(e) | section 222(1) (the Professional Standards Authority for Health and |
| |
| |
(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 |
| |
(4) | Sections 128 to 133 (health special administration) extend to England and |
| |
| |
(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. |
| |
| |
This Act may be cited as the Health and Social Care Act 2012. |
| |
| |
|
| |
|