Health and Social Care Bill (HL Bill 132)

(7) In that article, after that paragraph insert—

“(5) In this article, in the case of an appeal relating to a social worker in
England, “the appropriate court” means the High Court of Justice in
England and Wales.”

217 5Approval of courses for approved mental health professionals

(1) Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions
etc.) is amended as follows.

(2) Before section 114A insert—

“114ZA Approval of courses: England

(1) 10The Health and Care Professions Council may approve courses for
persons who are, or wish to become, approved to act as approved
mental health professionals by a local social services authority whose
area is in England.

(2) The Council must publish a list of—

(a) 15the courses which are approved under this section, and

(b) the courses which have been, but are no longer, approved under
this section and the periods for which they were so approved.

(3) The functions of an approved mental health professional are not to be
considered to be relevant social work for the purposes of Part 4 of the
20Care Standards Act 2000.

(4) Where the function under subsection (1) is, in accordance with the
Health and Social Work Professions Order 2001, exercisable by a
committee of the Council, the committee may arrange for another
person to exercise the function on the Council’s behalf.”

(3) 25In section 114 (approval of mental health professionals by local social services
authority), in subsection (6), after “section” insert “114ZA or”.

(4) Section 114A (approval of courses) is amended as follows.

(5) For subsection (1) substitute—

“(1) The Care Council for Wales may, in accordance with rules made by it,
30approve courses for persons who are, or wish to become, approved to
act as approved mental health professionals by a local social services
authority whose area is in Wales.”

(6) Omit subsection (3).

(7) In subsection (5), omit “General Social Care Council and the”.

(8) 35For the title to that section substitute “Approval of courses: Wales”.

218 Exercise of function of approving courses, etc.

(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 (3), at the end insert
“(and see also section 114ZA of the Mental Health Act 1983 (approval of
courses for approved mental health professionals))”.

(3) After paragraph (5) of that article insert—

“(5ZA) 5In the application of paragraph (5) to the functions of the Council that
relate to persons who are, or wish to become, approved mental health
professionals in England, references to registrants are to be read as
including a reference to such approved mental health professionals in
England as are not registrants.”

(4) 10In article 14 (the Council’s education and training committee), after sub-
paragraph (b) insert—

“(ba) the setting of criteria under article 15B;”

(5) After article 15 insert—

“15A Exercise of function of approving courses for approved mental health
15professionals

(1) The function under section 114ZA(1) of the Mental Health Act 1983
(approval of courses for approved mental health professionals in
England) is exercisable by the Education and Training Committee.

(2) In relation to AMHP courses run outside the United Kingdom, section
20114ZA(1) of that Act applies only in relation to courses run by
institutions which are approved in accordance with article 15B(3).

(3) In this article and articles 15B to 18, “AMHP course” means a course of
the kind referred to in section 114ZA(1) of the Mental Health Act 1983.”

15B Criteria for approving courses for approved mental health
25professionals

(1) The Council must set the criteria to be applied in exercising the function
under section 114ZA(1) of the Mental Health Act 1983.

(2) The Education and Training Committee must—

(a) ensure that universities and other bodies in the United
30Kingdom concerned with the provision of AMHP courses are
notified of the criteria set under paragraph (1); and

(b) take appropriate steps to satisfy itself that the AMHP courses
provided by such bodies meet those criteria.

(3) In performing the function under paragraph (2)(b), the Committee
35may, in particular, approve or arrange with others to approve
institutions which the Committee considers to be properly organised
and equipped for conducting AMHP courses.

(4) The Council must from time to time publish a statement of the criteria
set under paragraph (1).

(5) 40An AMHP course is to be treated for the purposes of articles 16 to 18 as
a relevant course of education or training.”

(6) In article 16 (visitors), in paragraph (6), at the end insert “; but that does not
apply to AMHP courses.”

(7) In article 17 (information), after paragraph (3) insert—

“(3A) The reference in paragraph (3) to the functions of the Committee under
this Order includes a reference to the function under section 114ZA(1)
of the Mental Health Act 1983 (approval of courses for approved
5mental health professionals) in so far as that function is exercisable by
the Committee.”

(8) In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—

“(1A) Where as a result of any visitor’s report or other information acquired
by the Committee or the Council, and taking account of the
10observations received from the institution under article 16(9), the
Committee is of the opinion that an AMHP course does not meet the
criteria set under article 15B(1), it may refuse to approve, or withdraw
approval from, the course.”

(9) In that article—

(a) 15in paragraph (3), after “paragraph (1)” insert “or (1A)”, and

(b) in paragraph (6), after “paragraph (1)” in each place it appears insert
“or, as the case may be, (1A)”.

(10) In article 21(1)(a) (Council’s duty to establish standards of conduct etc. and
give guidance), after “prospective registrants” insert “(including registrants or
20prospective registrants carrying out the functions of an approved mental
health professional)”.

(11) In article 45 (finances of the Council), after paragraph (3) insert—

“(3A) The Secretary of State may make grants or loans to the Council towards
expenses incurred, or to be incurred by it, in connection with the
25exercise of its functions in relation to persons who are, or wish to
become, approved mental health professionals in England.”

219 Arrangements with other health or social care regulators

(1) After article 44 of the Health and Social Work Professions Order 2001 (S.I.
2002/254) insert—

“44A 30Arrangements with other persons who maintain registers of health or
social care workers

(1) The Council may make arrangements with any relevant person for the
Council to provide administrative, technical or advisory services to that
person.

(2) 35A relevant person is a person or group of persons (whether inside or
outside the United Kingdom) who maintain—

(a) a register of members of a profession engaged in the provision
of health care,

(b) a register of persons engaged in, but who are not members of a
40profession engaged in, the provision of health care,

(c) a register of members of the social work profession, or

(d) a register of persons engaged in social care work.”

(2) In Schedule 3 to that Order (interpretation), at the appropriate place, insert—

• ““health care” includes—

  Health and Social Care BillPage 223

  (a)

  all forms of health care for individuals, whether relating
  to physical or mental health, and

  (b)

  procedures that are similar to forms of medical or
  surgical care but are not provided in connection with a
  5medical condition;”.

220 References in enactments to registered health professionals, etc.

(1) In section 58 of the Medicines Act 1968 (medicinal products on prescription
only), after subsection (1A) insert—

“(1ZA) Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so
10far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”

(2) In section 27 of the National Health Service (Scotland) Act 1978 (arrangements
for provision of pharmaceutical services), after subsection (1B) insert—

“(1C) 15Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so
far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”

(3) In section 3 of the Video Recordings Act 1984 (exempted supplies), after
20subsection (11) insert—

“(11A) But subsection (11) does not apply to a person in so far as the person is
required to register under the Health and Social Work Professions
Order 2001 as a member of the social work profession in England
(within the meaning of section 60 of the Health Act 1999).”

(4) 25In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption
for medical care services), in the Notes, after Note (2) insert—

“2ZA Paragraph (c) of item 1 does not include supplies of services made by
a person in the capacity of a registered member of the social work
profession in England (within the meaning of section 60 of the Health
30Act 1999).”

(5) In section 69 of the Data Protection Act 1998 (meaning of “health
professional”), at the end of paragraph (h) of subsection (1), insert “, except in
so far as the person is registered as a social worker in England (within the
meaning of that Order)”.

(6) 35In section 25 of the National Health Service Reform and Health Care
Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after
subsection (3) insert—

“(3A) A reference in an enactment to a body mentioned in subsection (3) is
not (unless there is express provision to the contrary) to be read as
40including a reference to the Health and Care Professions Council, or a
regulatory body within subsection (3)(j), so far as it has functions
relating to—

(a) the social work profession in England, or

(b) social care workers in England.

(3B) 45For the purposes of subsection (3A)—

Health and Social Care BillPage 224

• “enactment” means an enactment contained in—

  (a)

  an Act, an Act of the Scottish Parliament or an Act or
  Measure of the National Assembly for Wales (whether
  passed before or after the commencement of this
  5subsection), or

  (b)

  subordinate legislation (within the meaning of the
  Interpretation Act 1978), an instrument made under an
  Act of the Scottish Parliament, an Act or Measure of the
  National Assembly for Wales or Northern Ireland
  10legislation (whether made before or after that
  commencement), and

• “the social work profession in England” and “social care workers
  in England” have the meaning given in section 60 of the 1999
  Act.”

(7) 15In section 126 of the National Health Service Act 2006 (arrangements for
provision of pharmaceutical services), after subsection (4) insert—

“(4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so
far as they are registered as members of the social work profession in
England or social care workers in England (each of those expressions
20having the same meaning as in section 60 of the Health Act 1999).”

(8) In section 80 of the National Health Service (Wales) Act 2006 (arrangements for
provision of pharmaceutical services), after subsection (4) insert—

“(4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so
far as they are registered as members of the social work profession in
25England or social care workers in England (each of those expressions
having the same meaning as in section 60 of the Health Act 1999).”

Role of the Secretary of State

221 Functions of the Secretary of State in relation to social care workers

(1) In section 67 of the Care Standards Act 2000 (functions of the appropriate
30Minister), after subsection (1) insert—

“(1A) But the Secretary of State may not exercise the function under
subsection (1)(a) or (d) in relation to a social worker who is registered
as such in a register maintained under article 5 of the Health and Social
Work Professions Order 2001.”

(2) 35In subsection (2) of that section, after “take part in” insert “courses approved
by the Health and Care Professions Council under article 15 or by virtue of
article 19(4) of the Health and Social Work Professions Order 2001 for persons
who are or wish to become social workers,”.

(3) The Secretary of State may make arrangements with the Health and Care
40Professions Council for the discharge, during the relevant period, of the
functions of the General Social Care Council; and for that purpose “the relevant
period” is the period—

(a) beginning with the day on which this Act is passed, and

(b) ending with the commencement of section 212(1).

The Professional Standards Authority for Health and Social Care

222 The Professional Standards Authority for Health and Social Care

(1) The body corporate known as the Council for Healthcare Regulatory
Excellence—

(a) 5is to continue to exist, and

(b) is to change its name to the Professional Standards Authority for Health
and Social Care.

(2) In consequence of that, in section 25 of the National Health Service Reform and
Health Care Professions Act 2002 (which establishes the Council for Healthcare
10Regulatory Excellence), in subsection (1)—

(a) for “the Council for Healthcare Regulatory Excellence” substitute “the
Professional Standards Authority for Health and Social Care”, and

(b) for ““the Council”” substitute ““the Authority””.

(3) For the title of section 25 of that Act substitute “The Professional Standards
15Authority for Health and Social Care”.

(4) For the cross-heading preceding that section substitute “The Professional
Standards Authority for Health and Social Care”.

(5) For the title of Part 2 of that Act substitute “Health and Social Care
Professions etc.”.

223 20Functions of the Authority

(1) In section 25 of the National Health Service Reform and Health Care
Professions Act 2002 (the Professional Standards Authority), in subsection
(2)(a), for “patients” substitute “users of health care, users of social care in
England, users of social work services in England”.

(2) 25In subsection (2A) of that section, for “patients” substitute “users of health care,
users of social care in England, users of social work services in England”.

(3) In section 26A of that Act (powers of Secretary of State etc. to request the
Authority for advice), after subsection (1) insert—

“(1A) The Secretary of State may request the Authority for advice on any
30matter connected with the social work profession, or social care
workers, in England; and the Authority must comply with such a
request.”

(4) After subsection (2) of that section insert—

“(2A) A person to whom the Authority gives advice, or for whom it
35investigates and reports on a matter, under this section must pay such
fee as the Authority determines; and the fee may be charged by
reference to the advice or the investigation and report concerned or on
a periodic basis.”

(5) In subsection (3) of that section, after “this section” insert “—

• 40health care profession” means a profession (whether or not
  regulated by or by virtue of any enactment) which is concerned
  (wholly or partly) with the physical or mental health of
  individuals; and”.

(6) In section 26B of that Act (duty to inform and consult the public), in subsection
(4)(b), for “patients” substitute “users of health care, users of social care in
England or users of social work services in England”.

(7) In section 27 of that Act (the Authority and regulatory bodies), in subsections
5(5) and (13), for “Secretary of State” substitute “Privy Council”.

(8) In subsection (7) of that section—

(a) for “Secretary of State” substitute “Privy Council”, and

(b) in paragraph (a), omit “he or”.

(9) In section 29 of that Act (reference of disciplinary cases to court by the
10Authority), in subsection (5), after “subsection (4)” insert “(subject to
subsection (5A))”.

(10) After subsection (5) of that section insert—

“(5A) In the case of a social worker in England, the “relevant court” means the
High Court of Justice in England and Wales.”

(11) 15In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.

(12) In subsection (3) of that section, for “the Secretary of State” substitute “the
Privy Council”.

(13) After subsection (3D) of that section (inserted by section 224(3)) insert—

“(3E) A statutory instrument containing regulations made by the Privy
20Council under section 27 is subject to annulment in pursuance of a
resolution of either House of Parliament.”

(14) In paragraph 16 of Schedule 7 to that Act (reports and other information), in
sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of
social care in England, users of social work services in England”.

224 25Funding of the Authority

(1) After section 25 of the National Health Service Reform and Health Care
Professions Act 2002 insert—

“25A Funding of the Authority

(1) The Privy Council must by regulations require each regulatory body to
30pay the Authority periodic fees of such amount as the Privy Council
determines in respect of such of the Authority’s functions in relation to
that body as are specified in the regulations.

(2) A reference in this section to the Authority’s functions does not include
a reference to its functions under sections 25G to 25I and 26A.

(3) 35The regulations must, in particular, provide for the method of
determining the amount of a fee under the regulations.

(4) Before determining the amount of a fee under the regulations, the Privy
Council must request the Authority to make a proposal as to the
amount of funding that it considers it requires in order to perform for
40the period to which the fee would apply such of its functions in relation
to the regulatory bodies as are specified in the regulations.

(5) The Authority must—

(a) comply with a request under subsection (4), but

(b) before doing so, consult the regulatory bodies.

(6) Having received a proposal under subsection (5), the Privy Council
may consult the regulatory bodies.

(7) 5Having taken into account such representations as it receives from
consultees, the Privy Council must—

(a) make a proposal as to the amount of funding that it considers
the Authority requires in order to perform for the period to
which the fee would apply such of its functions in relation to the
10regulatory bodies as are specified in the regulations, and

(b) determine in accordance with the method provided for under
subsection (3) the amount of the fee that each regulatory body
would be required to pay.

(8) The Privy Council must—

(a) 15consult the Authority about the proposal under subsection
(7)(a) and the determinations under subsection (7)(b), and

(b) consult each regulatory body about the determination under
subsection (7)(b) of the amount it would be required to pay.

(9) Having taken into account such representations as it receives from
20consultees, the Privy Council must—

(a) determine the amount of funding that the Authority requires in
order to perform for the period to which the fee would apply
such of its functions in relation to the regulatory bodies as are
specified in the regulations, and

(b) 25determine in accordance with the method provided for under
subsection (3) the amount of the fee that each regulatory body
is to be required to pay.

(10) Regulations under this section requiring payment of a fee may make
provision—

(a) 30requiring the fee to be paid within such period as is specified;

(b) requiring interest at such rate as is specified to be paid if the fee
is not paid within the period specified under paragraph (a);

(c) for the recovery of unpaid fees or interest.

(11) The regulations may enable the Privy Council to redetermine the
35amount of a fee provided for under the regulations, on a request by the
Authority or a regulatory body or on its own initiative.

(12) Before making regulations under this section, the Privy Council must
consult—

(a) the Authority,

(b) 40the regulatory bodies, and

(c) such other persons as it considers appropriate.”

(2) In section 25(5) of that Act (meaning of “this group of sections”) for “26”
substitute “25A”.

(3) In section 38 of that Act (regulations and orders) after subsection (3) insert—

“(3A) A statutory instrument containing regulations made by the Privy
Council under section 25A shall be subject to annulment in pursuance
of a resolution of either House of Parliament.

(3B) 5Regulations made by the Privy Council under section 25A that include
provision which would, if included in an Act of the Scottish Parliament,
fall within the legislative competence of that Parliament shall be subject
to the negative procedure in that Parliament (in addition to the
statutory instrument containing the regulations being subject to
10annulment under subsection (3A)).

(3C) Sections 28 and 31 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (negative procedure etc.) shall apply in relation to
regulations of the description given in subsection (3B) as they apply in
relation to devolved subordinate legislation (within the meaning of
15Part 2 of that Act) that is subject to the negative procedure, but as if
references to a Scottish statutory instrument were references to a
statutory instrument.

(3D) Section 32 of that Act (laying) shall apply in relation to the laying of a
statutory instrument containing regulations of the description given in
20subsection (3B) before the Scottish Parliament as it applies in relation to
the laying of a Scottish statutory instrument (within the meaning of
Part 2 of that Act) before that Parliament.”

(4) In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority),
after sub-paragraph (2) insert—

“(2A) 25The Authority may borrow money for the purposes of or in
connection with its functions; and sub-paragraphs (3) and (4) are
without prejudice to the generality of this sub-paragraph.”

(5) In that paragraph, omit sub-paragraphs (5) and (6).

225 Power to advise regulatory bodies, investigate complaints, etc.

(1) 30After section 25A of the National Health Service Reform and Health Care
Professions Act 2002 insert—

“25B Power of the Authority to advise regulatory bodies etc.

(1) The Authority may, for the purpose of assisting the Authority in its
performance of its functions under this group of sections, provide
35advice or provide auditing services to—

(a) a regulatory body;

(b) a body which has functions (whether or not relating to health or
social care) corresponding to those of a regulatory body.

(2) A body to which the Authority provides advice or auditing services
40under this section must pay such fee as the Authority may determine.

(3) In this section, “this group of sections” has the meaning given by
section 25(5) but does not include section 26A.”

(2) In section 28(1) of that Act (power to make regulations about investigation by
the Authority of complaints about regulatory bodies), for “The Secretary of
45State” substitute “The Privy Council”.

(3) In section 38(2) of that Act (regulations and orders), omit “regulations under
section 28 or”.

226 Accountability and governance

(1) Schedule 7 to the National Health Service Reform and Health Care Professions
5Act 2002 (constitution etc. of the Authority) is amended as follows.

(2) In paragraph 4 (membership and chair)—

(a) in paragraph (e), for “the Secretary of State” substitute “the Privy
Council”, and

(b) in paragraph (f), for “two executive members” substitute “one
10executive member”.

(3) In paragraph 6 (appointments), for “The Secretary of State” substitute “The
Privy Council”.

(4) In paragraph 10 (remuneration and allowances)—

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State”
15substitute “the Authority”, and

(b) for sub-paragraphs (3) and (4) substitute—

“(3) The Authority may provide for the payment of such pension,
allowance or gratuities as it may determine to or in respect of
a person who is or has been the chair or any other member of
20the Authority.

(4) The Authority may, where it considers there are special
circumstances that make it right for a person ceasing to hold
office as chair of the Authority to receive compensation, pay
the person such compensation as it may determine.”

(5) 25In paragraph 11 (employees)—

(a) in sub-paragraph (1), for “members” substitute “member”, and

(b) in sub-paragraph (2), for “members must be employees” substitute
“member must be an employee”.

(6) In paragraph 15 (accounts)—

(a) 30in each of sub-paragraphs (1) and (2), for “the Secretary of State”
substitute “the Privy Council”, and

(b) in sub-paragraph (3)—

(i) omit “the Secretary of State and”, and

(ii) for “the Secretary of State” substitute “the Privy Council”.

(7) 35In paragraph 16 (reports and other information), after sub-paragraph (1A)
insert—

“(1B) The Authority must, by such date in each year as the Privy Council
determines, publish—

(a) a strategic plan for the Authority for the coming financial
40year, and

(b) a strategic plan for the Authority for such of the subsequent
financial years as the Authority may determine.”

(8) In sub-paragraph (2) of that paragraph, after “its report for that year”
insert “, and a copy of each of its strategic plans published in that year,”.