Health and Social Care Bill (HL Bill 132)

(k) appeals against decisions made by the Board under the
regulations, and

(l) disclosure of information about applicants for inclusion, grants
or refusals of applications or suspensions or removals,

5and may make any provision corresponding to anything in sections 151
to 159.

(4) Regulations under this section may, in particular, also provide that
approval for the purposes of either paragraph (a) or paragraph (b) of
subsection (1) is to be treated for the purposes of this section as
10approval for the purposes of the other paragraph (and for lists
prepared by virtue of that subsection to be read accordingly).

(5) Regulations under this section may, in particular, also provide for—

(a) a person’s inclusion in a list to be subject to conditions
determined by the Board,

(b) 15the Board to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition
(including suspension or removal from a list),

(d) the review by the Board of decisions made by it by virtue of the
regulations.

(6) 20The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to
which a list relates, or

(b) preventing any acts or omissions of the type described in
section 151(3)(a).

(7) 25If the regulations provide under subsection (3)(f) or (5) that the Board
may suspend or remove a person (P) from a list, they must include
provision—

(a) requiring P to be given notice of any allegation against P,

(b) giving P the opportunity of putting P’s case at a hearing before
30the Board makes any decision as to P’s suspension or removal,
and

(c) requiring P to be given notice of the decision of the Board, the
reasons for it and any right of appeal under subsection (8) or (9).

(8) If the regulations provide under subsection (3)(d) or (f) that the Board
35may refuse a person’s application for inclusion in a list, or remove a
person from one, the regulations must provide for an appeal to the
First-tier Tribunal against the decision of the Board.

(9) If the regulations make provision under subsection (5), they must
provide for an appeal by the person in question to the First-tier tribunal
40against the decision of the Board—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove the person from the list for breach of condition,

(d) on any review of an earlier such decision of the Board.

(10) 45Regulations making provision as to the matters referred to in
subsection (3)(l) may, in particular, authorise the disclosure of
information—

(a) by the Board to the Secretary of State, and

(b) by the Secretary of State to the Board.

147B Further provision about regulations under section 147A

(1) Regulations under section 147A may require a person (A) included in—

(a) a pharmaceutical list, or

(b) 5a list under section 132(3) (provision of drugs, medicines or
listed appliances),

not to employ or engage a person (B) to assist A in the provision of the
service to which the list relates unless B is included in a list mentioned
in subsection (2).

(2) 10The lists are—

(a) a list referred to in subsection (1),

(b) a list under section 147A,

(c) a list under section 91, 106 or 123,

(d) a list corresponding to a list under section 91 prepared by the
15Board by virtue of regulations made under section 145,

(e) a list corresponding to a list mentioned in any of paragraphs (a)
to (d) prepared by a Local Health Board under or by virtue of
the National Health Service (Wales) Act 2006,

or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed
20description.

(3) If regulations do so require, they may, in particular, require that both A
and B be included in lists prepared by the Board.”

(3) For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional
inclusion in pharmaceutical lists”.

(4) 25In section 159 of that Act (national disqualification), in subsection (1)—

(a) omit paragraph (b), and

(b) in paragraph (d), for “section 146” substitute “section 147A”.

(5) In section 276 of that Act (index of defined expressions), omit the entry for
“supplementary list”.

(6) 30In Schedule 17 to that Act (exempt information relating to health services), in
paragraph 13(1)(b), for “146” substitute “147A”.

(7) Regulations under section 146 or 149 of that Act having effect immediately
before the commencement of subsection (1) of this section are, despite the
repeals made by that subsection, to continue to have effect as if they had been
35made under section 147A of that Act (as inserted by subsection (2) of this
section).

Part 7 Regulation of health and social care workers

Orders under section 60 of the Health Act 1999

209 40Power to regulate social workers etc. in England

(1) Section 60 of the Health Act 1999 (regulation of health care professions etc.) is
amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) regulating the social work profession in England,

(bb) modifying the regulation of the social work profession in
England, so far as appears to Her to be necessary or expedient
5for the purpose of securing or improving the regulation of the
profession or the services which it provides or to which it
contributes,”.

(3) In that subsection, after paragraph (bb) insert—

“(bc) regulating social care workers in England who appear to Her to
10require regulation in pursuance of this section,

(bd) modifying the regulation of social care workers in England, so
far as appears to Her to be necessary or expedient for the
purpose of securing or improving their regulation or the
services which they provide or to which they contribute,”.

(4) 15In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other
than the social work profession in England)”.

(5) After that subsection insert—

“(2ZA) In subsections (1) and (2), “the social work profession in England”
means the profession engaged in social work in England; and for the
20purposes of this section, “social work in England” means social work
which is required in connection with any health, education or social
services provided in England.”

(6) After subsection (2ZA) insert—

“(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means
25persons who are engaged in social care work in England.

(2ZC) For that purpose, “social care work in England” means work (other
than social work in England) that is of any of the following
descriptions—

(a) employment at a children’s home, care home or residential
30family centre in England,

(b) management of a home or centre of a kind mentioned in
paragraph (a),

(c) employment for the purposes of a domiciliary care agency,
fostering agency, voluntary adoption agency or adoption
35support agency, in so far as the agency provides services to
persons in England,

(d) management of an agency of a kind mentioned in paragraph (c),

(e) work for the purposes of the social services functions of a local
authority whose area is in England,

(f) 40the provision in England of services similar to services which
may or must be provided by a local authority in the exercise of
its social services functions,

(g) the provision of personal care for persons in England,

(h) employment (in an undertaking other than an establishment or
45agency) which consists of or includes supplying, or providing
services for the purpose of supplying, persons to provide
personal care for persons in England,

(i) management of an undertaking of the kind mentioned in
paragraph (h),

(j) employment in connection with the discharge of functions of
the Secretary of State under section 80 of the Children Act 1989
5(inspection of children’s homes),

(k) employment as a member of staff of the Office for Standards in
Education, Children’s Services and Skills who inspects
premises under—

(i) section 87 of the Children Act 1989 (welfare of children
10accommodated in independent schools and colleges),

(ii) section 31 of the Care Standards Act 2000 (inspections
by persons authorised by registration authority), or

(iii) section 139 of the Education and Inspections Act 2006
(inspection by Chief Inspector),

(l) 15employment as a member of staff of the Care Quality
Commission who, under Part 1 of the Health and Social Care
Act 2008, inspects premises used for or in connection with the
provision of social care (within the meaning of that Part),

(m) management of staff mentioned in paragraph (k) or (l),

(n) 20employment at a day centre in England,

(o) participation in a course approved by the Health and Care
Professions Council under article 15 of the Health and Social
Work Professions Order 2001 for persons wishing to engage in
the social work profession in England.”

(7) 25After subsection (2ZC) insert—

“(2ZD) An expression used in subsection (2ZC) and in section 55 of the Care
Standards Act 2000 has the same meaning in that subsection as it has in
that section.”

(8) After subsection (2ZD) insert—

“(2ZE) 30The exercise of functions of an approved mental health professional by
a member of a profession to which subsection (2) applies is not to be
regarded as social work of the kind engaged in by the social work
profession in England.”

(9) After subsection (2ZE) insert—

“(2ZF) 35In this section, “approved mental health professional” has the meaning
given in section 114 of the Mental Health Act 1983.”

(10) For the title to section 60 of the Health Act 1999 substitute “Regulation of health
professions, social workers, other care workers etc.”.

(11) In section 60A of that Act (standard of proof in fitness to practise proceedings),
40in subsection (2), for “a person’s fitness to practise a profession to which
section 60(2) applies” substitute “a matter specified in subsection (2A)”.

(12) After that subsection insert—

“(2A) The matters are—

(a) a person’s fitness to practise a profession to which section 60(2)
45applies;

(b) a person’s fitness to practise the social work profession in
England (within the meaning given by section 60);

(c) a person’s suitability to remain registered as a social care
worker in England (within the meaning given by that section).”

(13) In subsection (3) of that section, at the end insert “or the social work profession
in England (within the meaning given in section 60(2ZA)”.

210 5Training etc. of approved mental health professionals in England

In section 60 of the Health Act 1999 (regulation of health care professions etc.),
in subsection (1), after paragraph (e) insert—

“(ea) modifying the functions, powers or duties of the Health and
Care Professions Council that relate to the education and
10training of persons who are or wish to become approved mental
health professionals,”.

211 Orders regulating social care workers in England: further provision

(1) Schedule 3 to the Health Act 1999 (further provision as to power to make
Orders in Council under section 60 of that Act) is amended as follows.

(2) 15After paragraph 1 (matters generally within the scope of the Orders) insert—

“1A An Order may make provision, in relation to any social care workers
in England, for any of the following matters (among others)—

(a) the establishment and continuance of a regulatory body,

(b) the functions of the Health and Care Professions Council or
20of another regulatory body,

(c) keeping registers of social care workers in England of any
description,

(d) privileges of registered persons,

(e) education and training,

(f) 25standards of conduct and performance,

(g) discipline,

(h) removal or suspension from registration or the imposition of
conditions on registration,

(i) investigation and enforcement by or on behalf of the Health
30and Care Professions Council or another regulatory body,

(j) appeals,

(k) default powers exercisable by a person other than the Health
and Care Professions Council or another regulatory body.”

(3) After paragraph 1A insert—

“1B 35The provision that may be made by virtue of paragraph 1(e) or 1A(f)
includes provision for standards of conduct and performance of
members of a profession, or social care workers in England, carrying
out the functions of an approved mental health professional.”

(4) In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-
40paragraph (1), for paragraph (c) substitute—

“(c) the Health and Care Professions Council,”.

(5) In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph

(2) insert—

“(2ZA) Where an enactment provides for any function mentioned in sub-
paragraph (2ZB) to be exercised by the Health and Care Professions
Council or another regulatory body, or any of its committees or
5officers, an Order may not provide for any person other than that
body or any of its committees or officers to exercise that function.

(2ZB) The functions are—

(a) keeping the registers of social care workers in England of any
description,

(b) 10determining standards of education and training required as
a condition of registration,

(c) giving advice about standards of conduct and performance.”

(6) In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph
(1)(b)—

(a) 15after “represent any profession” insert “or any social care workers in
England”, and

(b) after “by any profession” insert “or any social care workers in England”.

(7) In paragraph 10 (interpretation)—

(a) at the appropriate place insert the following—

• 20““social care work in England”, “social care workers in
  England” and “the social work profession in England”
  have the meaning given by section 60,”, and

(b) in the definition of “regulatory body”—

(i) after “any profession” insert “or any social care workers in
25England”, and

(ii) after “the profession” insert “or the social care workers in
England concerned”.

(8) In paragraph 11 (application), after sub-paragraph (2) insert—

“(2A) References in section 60 and this Schedule to regulation, in relation
30to social care workers in England, include—

(a) the regulation of persons seeking to be registered or who
were, but are no longer, allowed to be registered as social care
workers in England,

(b) the regulation of activities carried on by persons who are not
35social care workers in England (or members of the social
work profession in England) but which are carried on in
connection with social care work in England.”

The General Social Care Council

212 Abolition of the General Social Care Council

(1) 40The General Social Care Council is abolished.

(2) In section 54 of the Care Standards Act 2000 (the Care Councils)—

(a) in subsection (1), omit paragraph (a) and the “and” following it,

(b) in that subsection, for “conferred on them” substitute “conferred on it”,

(c) omit subsection (2),

(d) in subsection (4), for “Each Council” substitute “The Welsh Council”,

(e) in subsection (6), for “a Council” substitute “the Welsh Council”, and

(f) omit subsection (7).

(3) For the title to that section substitute “The Care Council for Wales”.

5The Health and Care Professions Council

213 Regulation of social workers in England

(1) The Health Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is amended as follows.

(2) In Schedule 3 (interpretation), in paragraph 1, in the definition of “relevant
professions”, at the appropriate place insert “social workers in England;”.

(3) 10In that paragraph, at the appropriate place insert—

• ““social worker in England” means a member of the social work
  profession in England, and references to “social work in
  England” are to be construed accordingly;”.

(4) In article 1(1) (citation), for “the Health Professions Order 2001” substitute “the
15Health and Social Work Professions Order 2001”.

(5) In Schedule 1, in paragraph 1A (membership), in sub-paragraph (1)(b), after
paragraph (i) (but before the “and” following it) insert—

“(ia) are not and never have been registered as social
workers in a register kept by the General Social Care
20Council, the Care Council for Wales, the Scottish
Social Services Council or the Northern Ireland Social
Care Council;”.

(6) For the title to the Order substitute “Health and Social Work Professions Order
2001”.

(7) 25In the following provisions, for “the Health Professions Order 2001” substitute
“the Health and Social Work Professions Order 2001”—

(a) section 18(e) of the London County Council (General Powers) Act 1920;

(b) section 58(1A)(a) of the Medicines Act 1968;

(c) section 27(1A)(a) of the National Health Service (Scotland) Act 1978;

(d) 30section 3(11) of the Video Recordings Act 1984;

(e) paragraph (E) in the third column of the entry for the London County
Council (General Powers) Act 1920 in Schedule 2 to the Greater London
Council (General Powers) Act 1984;

(f) paragraph (c) of the definition of “establishment for special treatment”
35in section 4 of the London Local Authorities Act 1991;

(g) paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value
Added Tax Act 1994;

(h) section 69(1)(h) of the Data Protection Act 1998;

(i) section 60(2)(c) of the Health Act 1999;

(j) 40section 29(1)(j) of the National Health Service Reform and Health Care
Professions Act 2002;

(k) section 126(4)(a) of the National Health Service Act 2006;

(l) section 80(4)(a) of the National Health Service (Wales) Act 2006;

(m) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable
Groups Act 2006.

(8) In the definition of “registered psychologist” in each of the following
provisions, for “the Health Professions Order 2001” substitute “the Health and
5Social Work Professions Order 2001”—

(a) section 307(1) of the Criminal Procedure (Scotland) Act 1995;

(b) section 207(6) of the Criminal Justice Act 2003;

(c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;

(d) section 25 of the Gender Recognition Act 2004.

214 10The Health and Care Professions Council

(1) The body corporate known as the Health Professions Council—

(a) is to continue to exist, and

(b) is to change its name to the Health and Care Professions Council.

(2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
15254) (the Council and its Committees), for sub-paragraph (1) substitute—

“(1) The Health and Care Professions Council is referred to in this Order as
“the Council”.”

(3) For the title to that article substitute “The Health and Care Professions Council
and its Committees”.

(4) 20In Schedule 3 to that Order (interpretation), in the definition of “the Council”
in paragraph 1, for “the Health Professions Council established under article 3”
substitute “the Health and Care Professions Council (formerly known as the
Health Professions Council and continued in existence by section 214 of the
Health and Social Care Act 2012)”.

215 25Functions of the Council in relation to social work in England

(1) The Health and Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is amended
as follows.

(2) In article 3 (the Council and its Committees), in paragraph (5)(b)—

(a) in paragraph (ii), omit “other”,

(b) 30omit the “and” following paragraph (iv), and

(c) after paragraph (v) insert “,

(vi) the regulation of social work in England, and

(vii) the provision, supervision or management of the
services of persons engaged in social work in
35England.”

(3) In that article, after paragraph (5A) insert—

“(5AA) The public bodies with which the Council must co-operate for the
purposes of paragraph (5)(b) include in particular—

(a) the Care Council for Wales,

(b) 40the Scottish Social Services Council, and

(c) the Northern Ireland Social Care Council.”

(4) In that article, after paragraph (17) insert—

“(17A) The Council may—

(a) make recommendations to the Secretary of State concerning
social care workers in England who in its opinion should be
5regulated pursuant to section 60(1)(bc) of the Health Act 1999;
and

(b) give such guidance as it sees fit, to such persons as seem to it to
have an interest in such regulation, on the criteria to be taken
into account in determining whether social care workers in
10England should be so regulated.”

(5) In article 6 (register), in paragraph (3)(aa), after “visiting health” insert “or
social work”; and in consequence of that—

(a) for the title to article 13A substitute “Visiting health or social work
professionals from relevant European States”, and

(b) 15in articles 7(4), 9(8) and 37(1)(aa), after “visiting health” insert “or social
work”.

(6) In article 10 (renewal of registration and readmission), in paragraph (6) after
“visiting health” insert “or social work”.

(7) In article 12 (approved qualifications), in paragraph (1)—

(a) 20omit the “or” preceding paragraph (c), and

(b) after that paragraph insert “; or

(d) where he is applying for admission to the register as a
social worker, he has, in Wales, Scotland or Northern
Ireland, undergone training in social work and—

(i) 25the training is recognised by the Council as
meeting the standard which it requires for
admission to the part of the register relating to
the social work profession in England, or

(ii) the training is not so recognised but he has
30undergone, whether in England or elsewhere,
such additional training or professional
experience as satisfies the Council that he has the
requisite standard of proficiency for admission
to the part of the register relating to the social
35work profession in England.”

(8) In that article, in paragraph (2)—

(a) omit the “and” preceding paragraph (b), and

(b) after that paragraph insert “; and

(c) assess training or professional experience acquired in
40Wales, Scotland or Northern Ireland in social work and
to compare it, together with qualifications mentioned in
sub-paragraph (a) where appropriate, with the standard
of proficiency required for admission to the part of the
register relating to the social work profession in
45England.”

(9) After article 13A insert—

“13B Requirement for social workers in England to be registered

(1) A person may not practise as a social worker in England unless the
person is registered in the part of the register relating to the social work
5profession in England.

(2) Paragraph (1) does not apply to a person who—

(a) is registered as a social worker in a register kept by the Care
Council for Wales, the Scottish Social Services Council or the
Northern Ireland Social Care Council, and

(b) 10is practising in England as a social worker on a temporary
basis.”

(10) In article 19 (post-registration training), in paragraph (2A)(b), after “visiting
health” insert “or social work”.

(11) In article 20 (Wales), at the end insert “; but the reference to the Council’s
15function under article 15(4)(b) does not include a reference to that function so
far as relating to social work in England”.

(12) In article 39 (offences), after paragraph (1) insert—

“(1A) A person who is registered as a social worker in a register kept by the
Care Council for Wales, the Scottish Social Services Council or the
20Northern Ireland Social Care Council is to be regarded for the purposes
of paragraph (1)(b) as entitled to use the title of “social worker”.”

(13) In Schedule 3 (interpretation), in paragraph 1, in the definition of “visiting
health professional from a relevant European state”, after “health” in each
place it appears insert “or social work”.

216 25Appeals in cases involving social workers in England

(1) The Health and Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is amended
as follows.

(2) In article 37 (appeals against decisions of the Education and Training
Committee), in paragraph (5A), at the end of sub-paragraph (a) insert “or
30registered as a social worker in a register kept by the General Social Care
Council, the Care Council for Wales, the Scottish Social Services Council or the
Northern Ireland Social Care Council”.

(3) In that article, in paragraph (8), after “paragraph (4)” insert “(other than a
hearing on an appeal relating to a social worker in England)”.

(4) 35In that article, after that paragraph insert—

“(8A) A hearing provided for by the rules made under paragraph (4) on an
appeal relating to a social worker in England is to be held in England.”

(5) In article 38 (appeals), after paragraph (1) insert—

“(1ZA) An appeal from a decision referred to in paragraph (1)(b) relating to
40social workers in England shall lie only to the county court.”

(6) In that article, in paragraph (4), after “article” insert “(subject to paragraph
(5))”.