Health and Social Care Bill

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 15 — Part 7: consequential amendments and savings
Part 3 — The Professional Standards Authority for Health and Social Care
420

care workers in England (each of those expressions having the same
meaning as in section 60 of the Health Act 1999).”
Part 3
The Professional Standards Authority for Health and Social Care
General
5
59    (1)
A reference in any instrument or document to the Council for Healthcare
Regulatory Excellence is to be read, in relation to any time after the
commencement of section 222(1), as a reference to the Professional
Standards Authority for Health and Social Care.
      (2)
A reference in this Act or any other enactment, or in any other instrument or
10
document, to the Professional Standards Authority for Health and Social
Care is to be read, in relation to any time before the commencement of
section 222(1), as a reference to the Council for Healthcare Regulatory
Excellence.
      (3)
In sub-paragraph (2), “enactment” means an enactment contained in, or in
15
an instrument made under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
an Act or Measure of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
20
Health Act 1999 (c. 8)
60
In section 60(1) of the Health Act 1999—
(a)
in paragraph (c), for “the Council for Healthcare Regulatory
Excellence” substitute “the Professional Standards Authority for
Health and Social Care”, and
25
(b)
in each of paragraphs (d) and (e), for “Council” substitute
“Authority”.
61
In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare
Regulatory Excellence” substitute “the Professional Standards Authority for
Health and Social Care”.
30
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
62
In each of the following provisions of the National Health Service Reform
and Health Care Professions Act 2002, for “Council” substitute
“Authority”—
(a)
section 25(2), (2A) and (4),
35
(b)
section 26(1), (2), (3) and (4),
(c)
section 26A(1) (in each place it appears) and (2),
(d)
section 26B(1) and (4) (in each case, in each place it appears),
(e)
section 27(1), (2), (4), (10) and (14),
(f)
section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
40
(g)
section 29(4) and (7) (in each case, in each place it appears),
(h)
in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it
appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it

Health and Social Care Bill
Schedule 15 — Part 7: consequential amendments and savings
Part 3 — The Professional Standards Authority for Health and Social Care
421

appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each
place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1),
(2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each
place it appears), 18 and 19(1) and (2)(a) and (b),
(i)
the title of each of sections 26, 27 and 29, and
5
(j)
the cross-heading preceding each of paragraphs 14 and 19 of
Schedule 7.
63
In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to,
that Act for “The Council” substitute “The Authority”.
64
Omit section 26(12) of that Act.
10
65
In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for
“Council’s” substitute “Authority’s”.
66
For the title to Schedule 7 substitute “The Professional Standards Authority
for Health and Social Care”.
Other Acts, etc.
15
67
In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to
dentistry), for “regulated by the Council for Healthcare Regulatory
Excellence under section 25” substitute “listed in section 25(3)”.
68
In each of the following provisions, for “the Council for Healthcare
Regulatory Excellence” substitute “the Professional Standards Authority for
20
Health and Social Care”—
(a)
paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies
(Admission to Meetings) Act 1960,
(b)
paragraph (b) of the definition of “relevant disciplinary proceedings”
in section 201(4) of the National Health Service Act 2006, and
25
(c)
paragraph (b) of the definition of “relevant disciplinary proceedings”
in section 149(4) of the National Health Service (Wales) Act 2006.
69    (1)
In each of the following provisions, omit the entry for “The Council for
Healthcare Regulatory Excellence”—
(a)
Schedule 1 to the Public Records Act 1958,
30
(b)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,
(c)
Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975, and
(d)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
35
      (2)
In each of the provisions listed in sub-paragraph (1), at the appropriate place
insert—
“The Professional Standards Authority for Health and Social Care”.
      (3)
Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008
(which provides for the inclusion of a reference to the Council for Healthcare
40
Regulatory Excellence in the National Assembly for Wales (Disqualification)
Order 2006, which has itself been revoked).

Health and Social Care Bill
Schedule 15 — Part 7: consequential amendments and savings
Part 4 — The Office of the Health Professions Adjudicator
422

Part 4
The Office of the Health Professions Adjudicator
Miscellaneous amendments
70
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit
paragraphs 1(bcb) and 2(cb).
5
71    (1)
Omit the entry for the Office of the Health Professions Adjudicator in each
of the following—
(a)
Part 2 of Schedule 1 to the House of Commons Disqualification Act
1975,
(b)
Part 2 of Schedule 1 to the Northern Ireland Assembly
10
Disqualification Act 1975,
(c)
Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
(d)
the table in Article 2 of the Administrative Justice and Tribunals
Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).
      (2)
In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of
15
Schedule 10 to the Health and Social Care Act 2008 and the preceding “and”
in each case.
      (3)
Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008
(which inserts a reference to the OHPA in the National Assembly for Wales
(Disqualification) Order 2006, which has itself been revoked).
20
      (4)
Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA
in the Pharmacists and Pharmacy Technicians Order 2007, which has itself
been revoked).
Amendments to the Health Act 1999 (c. 8)
72    (1)
The Health Act 1999 is amended as follows.
25
      (2)
Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
      (3)
In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the
Health and Social Care Act 2008.
      (4)
In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions
relating to unfitness to practise must provide for functions to be exercised by
30
relevant regulatory body or OHPA), omit “or the Office of the Health
Professions Adjudicator”.
      (5)
In section 60A(2) (standard of proof in fitness to practise proceedings before
OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.
Amendments to the National Health Service Reform and Health Care Professions Act 2002
35
(c. 17)
73    (1)
In section 29 of the National Health Service Reform and Health Care
Professions Act 2002 (reference of disciplinary cases by the Council for
Healthcare Regulatory Excellence to the court), in subsection (1)—
(a)
in paragraph (c), omit “otherwise than by reason of his physical or
40
mental health”, and

Health and Social Care Bill
Schedule 15 — Part 7: consequential amendments and savings
Part 4 — The Office of the Health Professions Adjudicator
423

(b)
in paragraph (f), omit the words from “, other than a direction” to the
end.
      (2)
In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of
the Health and Social Care Act 2008.
Amendments to the Health Act 2006 (c. 28)
5
74    (1)
Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to
exercise functions of Privy Council relating to appointment of members of
OHPA) and the “or” immediately preceding it.
      (2)
Omit section 63(6A) and (6B) of that Act (Appointments Commission to
assist OHPA with exercise of appointment functions).
10
      (3)
In consequence of those repeals, omit paragraph 22 of Schedule 10 to the
Health and Social Care Act 2008.
Amendments to the Health and Social Care Act 2008 (c. 14)
75    (1)
The Health and Social Care Act 2008 is amended as follows.
      (2)
In section 128 (interpretation), omit the definition of “the OHPA”.
15
      (3)
In section 162 (orders and regulations), omit subsections (1)(b) and (c)
and (4).
      (4)
In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs
7, 9, 14, 15 and 18.
Savings
20
76    (1)
If abolition is to occur at a time other than immediately after the end of a
financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to
the Health and Social Care Act 2008 (annual reports), the period that begins
with the 1 April before abolition and ends with abolition is to be treated as a
financial year for the purposes of those paragraphs.
25
      (2)
Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue
to have effect for the purpose of imposing the duties under paragraphs 19(2),
(3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring
the power under paragraph 20(4); and for those purposes—
(a)
the duties under paragraphs 19(2) and 20(1), in so far as they have
30
not been discharged by the OHPA, must be discharged by the
Secretary of State,
(b)
the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be
discharged by the Secretary of State, and
(c)
the power conferred by paragraph 20(4) may be exercised by giving
35
directions of the description in question to the Secretary of State.
      (3)
Subject to that, anything which the OHPA is required to do under an
enactment before abolition may, in so far as it has not been done by the
OHPA, be done by the Secretary of State after abolition.
77
A reference in any document to the OHPA is, so far as necessary or
40
appropriate in consequence of section 231(1), to be read after abolition as a
reference to the Secretary of State.

Health and Social Care Bill
Schedule 16 — The National Institute for Health and Care Excellence
424

78
In paragraphs 76 and 77—
“abolition” means the commencement of section 231(1);
“enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978);
“the OHPA” means the Office of the Health Professions Adjudicator.
5
Schedule 16
Section 232

The National Institute for Health and Care Excellence
Membership, appointment, etc.
1     (1)
NICE consists of—
(a)
at least six members appointed by the Secretary of State (referred to
10
in this Schedule as the “non-executive members”), and
(b)
at least three but not more than five other members appointed by the
non-executive members (referred to in this Schedule as the
“executive members”).
      (2)
One of the non-executive members must be appointed as the chair.
15
      (3)
One of the executive members must be appointed as the chief executive; but
the appointment may not be made without the approval of the Secretary of
State.
      (4)
The executive members are employees of NICE.
      (5)
Regulations may—
20
(a)
prescribe the number of executive members (subject to sub-
paragraph (1)(b)), and
(b)
provide that all or any of the executive members (other than the chief
executive) must hold posts of descriptions specified in the
regulations.
25
Tenure of non-executive office
2     (1)
The chair and other non-executive members—
(a)
hold and vacate office in accordance with the terms of their
appointments, but
(b)
may resign office by giving notice to the Secretary of State.
30
      (2)
The Secretary of State may remove a person from office as the chair or other
non-executive member on any of the following grounds—
(a)
incapacity,
(b)
misbehaviour, or
(c)
failure to carry out his or her duties as a non-executive member.
35
      (3)
The Secretary of State may suspend a person from office as the chair or other
non-executive member if it appears to the Secretary of State that there are or
may be grounds to remove the person from office under sub-paragraph (2).
      (4)
A non-executive member may not be appointed for a period of more than
four years.
40

Health and Social Care Bill
Schedule 16 — The National Institute for Health and Care Excellence
425

      (5)
A person who ceases to be the chair or another non-executive member is
eligible for re-appointment.
Suspension from non-executive office
3     (1)
This paragraph applies where a person is suspended under paragraph 2(3).
      (2)
The Secretary of State must give notice of the decision to the person; and the
5
suspension takes effect on receipt by the person of the notice.
      (3)
The notice may be—
(a)
delivered in person (in which case, the person is taken to receive it
when it is delivered), or
(b)
sent by first class post to the person’s last known address (in which
10
case, the person is taken to receive it on the third day after the day on
which it is posted).
      (4)
The initial period of suspension must not exceed six months.
      (5)
The Secretary of State may at any time review the suspension.
      (6)
The Secretary of State—
15
(a)
must review the suspension if requested in writing by the person to
do so, but
(b)
need not review the suspension less than three months after the
beginning of the initial period of suspension.
      (7)
Following a review during a period of suspension, the Secretary of State
20
may—
(a)
revoke the suspension, or
(b)
suspend the person for another period of not more than six months
from the expiry of the current period.
      (8)
The Secretary of State must revoke the suspension if the Secretary of State—
25
(a)
decides that there are no grounds to remove the person from office
under paragraph 2(2), or
(b)
decides that there are grounds to do so but does not remove the
person from office under that provision.
4     (1)
This paragraph applies where a person is suspended from office as the chair
30
under paragraph 2(3).
      (2)
The Secretary of State may appoint a non-executive member as the interim
chair to exercise the chair’s functions.
      (3)
The interim chair—
(a)
holds and vacates office in accordance with the terms of the
35
appointment, but
(b)
may resign office by giving notice in writing to the Secretary of State.
      (4)
Appointment as interim chair is for a term not exceeding the shorter of—
(a)
the period ending with either—
(i)
the appointment of a new chair, or
40
(ii)
the revocation or expiry of the existing chair’s suspension,
and
(b)
the remainder of the interim chair’s term as a non-executive member.

Health and Social Care Bill
Schedule 16 — The National Institute for Health and Care Excellence
426

      (5)
A person who ceases to be the interim chair is eligible for re-appointment.
Remuneration etc. of non-executive members
5     (1)
NICE must pay to the non-executive members such remuneration and
allowances as the Secretary of State may determine.
      (2)
NICE must pay or make provision for the payment of such pensions,
5
allowances or gratuities as the Secretary of State may determine to or in
respect of any person who is or has been a non-executive member.
      (3)
If a person ceases to be a non-executive member and the Secretary of State
decides that there are exceptional circumstances which mean that the person
should be compensated, NICE must pay compensation to the person of such
10
amount as the Secretary of State may determine.
Staff
6     (1)
NICE may appoint such persons to be employees of NICE as it considers
appropriate.
      (2)
Employees of NICE are to be paid such remuneration and allowances as
15
NICE may determine.
      (3)
Employees of NICE are to be appointed on such other terms and conditions
as NICE may determine.
      (4)
NICE may pay or make provision for the payment of such pensions,
allowances or gratuities as it may determine to or in respect of any person
20
who is or has been an employee of NICE.
      (5)
Before making a determination as to remuneration, pensions, allowances or
gratuities for the purposes of sub-paragraph (2) or (4), NICE must obtain the
approval of the Secretary of State to its policy on that matter.
Committees
25
7     (1)
NICE may appoint such committees and sub-committees as it considers
appropriate.
      (2)
A committee or sub-committee may consist of or include persons who are
not members or employees of NICE.
      (3)
NICE may pay such remuneration and allowances as it may determine to
30
any person who—
(a)
is a member of a committee or sub-committee, but
(b)
is not an employee of NICE,

whether or not that person is a non-executive member of NICE.
Procedure
35
8     (1)
NICE may regulate its own procedure.
      (2)
But regulations may make provision about procedures to be adopted by
NICE for dealing with conflicts of interest of members of NICE or members
of a committee or sub-committee.