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Health and Social Care BillPage 230

(9) In section 38 of that Act (regulations and orders), after subsection (3E) (inserted
by section 223(13)) insert—

(3F) A statutory instrument containing regulations made by the Privy
Council under paragraph 6 of Schedule 7 is subject to annulment in
5pursuance of a resolution of either House of Parliament.

227 Appointments to regulatory bodies

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

25C Appointments to regulatory bodies

(1) 10The Privy Council and a regulatory body may make arrangements for
the regulatory body or other persons to assist the Privy Council in
connection with its exercise of any of its appointment functions in
relation to the regulatory body.

(2) The Privy Council and the Authority may make arrangements for the
15Authority to assist the Privy Council in connection with—

(a) its exercise of any of its appointment functions in relation to a
regulatory body;

(b) its exercise of its function under paragraph 4 of Schedule 7.

(3) The Privy Council may make arrangements with any other person to
20assist it in connection with—

(a) its exercise of any of its appointment functions in relation to a
regulatory body;

(b) its exercise of its function under paragraph 4 of Schedule 7.

(4) The Scottish Ministers and the Authority may make arrangements for
25the Authority to assist them in connection with their exercise of their
function under that paragraph.

(5) The Welsh Ministers and the Authority may make arrangements for the
Authority to assist them in connection with their exercise of their
function under that paragraph.

(6) 30The Department of Health, Social Services and Public Safety in
Northern Ireland may make arrangements for the Authority to assist
the Department in connection with its exercise of its function under that
paragraph.

(7) In this section, “regulatory body” does not include the Pharmaceutical
35Society of Northern Ireland.

(8) In this section, “appointment functions” means—

(a) in relation to the General Medical Council, the function under
paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such
functions as the Privy Council from time to time has by virtue
40of paragraph 1B(1)(b) or (d) of that Schedule (appointment of
members and chair and determination of terms of office),

(b) in relation to the General Dental Council, the function under
paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such
functions as the Privy Council from time to time has by virtue

Health and Social Care BillPage 231

of paragraph 1B(1)(b) or (d) of that Schedule (corresponding
functions in relation to that Council),

(c) in relation to the General Optical Council, the function under
paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and
5such functions as the Privy Council from time to time has by
virtue of paragraph 1B(1)(b) or (d) of that Schedule
(corresponding functions in relation to that Council),

(d) in relation to the General Osteopathic Council, the function
under paragraph 1A(2) of the Schedule to the Osteopaths Act
101993 and such functions as the Privy Council from time to time
has by virtue of paragraph 1B(1)(b) or (d) of that Schedule
(corresponding functions in relation to that Council),

(e) in relation to the General Chiropractic Council, the function
under paragraph 1A(2) of Schedule 1 to the Chiropractors Act
151994 and such functions as the Privy Council has by virtue of
paragraph 1B(1)(b) or (d) of that Schedule (corresponding
functions in relation to that Council),

(f) in relation to the General Pharmaceutical Council, the function
under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010
20(S.I. 2010/231S.I. 2010/231) and such functions as the Privy Council from
time to time has by virtue of paragraph 2(1)(b) or (d) of that
Schedule (corresponding functions in relation to that Council),

(g) in relation to the Nursing and Midwifery Council, the function
under paragraph 1A(2) of Schedule 1 to the Nursing and
25Midwifery Order 2001 (S.I. 2002/253S.I. 2002/253) and such functions as the
Privy Council from time to time has by virtue of paragraph
1B(1)(b) or (d) of that Schedule (corresponding functions in
relation to that Council), and

(h) in relation to the Health and Care Professions Council, the
30function under paragraph 1(2) of Schedule 1 to the Health and
Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) and such
functions as the Privy Council from time to time has by virtue
of paragraph 1B(1)(b) or (d) of that Schedule (corresponding
functions in relation to that Council).

(9) 35A reference to assisting in connection with the exercise of a function
does not include a reference to exercising the function.

228 Establishment of voluntary registers

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

25D 40Power of regulatory bodies to establish voluntary registers

(1) A regulatory body may establish and maintain a voluntary register of
persons who are (and, where the body thinks appropriate, persons who
have been)—

(a) unregulated health professionals;

(b) 45unregulated health care workers;

(c) unregulated social care workers in England;

(d) participating in studies that come within subsection (2) or (3).

(2) Studies come within this subsection if they are studies for the purpose
of becoming a member of—

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(a) a profession to which section 60(2) of the Health Act 1999
applies, or

(b) the social work profession in England.

(3) Studies come within this subsection if they are studies for the purpose
5of becoming—

(a) an unregulated health professional,

(b) an unregulated health care worker, or

(c) an unregulated social care worker in England.

(4) A regulatory body may establish and maintain a register under
10subsection (1)(a), (b) or (c) of only such persons as are (or have been)
engaged in work that supports, or otherwise relates to, work engaged
in by members of a profession which the body regulates; but this
subsection does not apply to the Health and Care Professions Council.

(5) A regulatory body may establish and maintain a register under
15subsection (1)(d) of only such persons as are (or have been)
participating in studies for the purpose of—

(a) in the case of studies coming within subsection (2), becoming a
member of a profession which the body regulates,

(b) in the case of studies coming within subsection (3)(a), becoming
20a member of a profession for which the body maintains a
voluntary register, or

(c) in the case of studies coming within subsection (3)(b) or (c),
engaging in work in respect of which the body maintains a
voluntary register.

(6) 25The General Pharmaceutical Council may establish and maintain a
register under subsection (1) of only such persons as are (or have been)
engaged in work or participating in studies in England, Wales or
Scotland.

(7) The Pharmaceutical Society of Northern Ireland may establish and
30maintain a register under subsection (1) of only such persons as are (or
have been) engaged in work, or are participating in studies, in
Northern Ireland.

(8) A regulatory body may establish and maintain a register under
subsection (1) jointly with one or more other regulatory bodies.

(9) 35Where regulatory bodies establish and maintain a register in reliance
on subsection (8)—

(a) subsections (4) and (5) apply to each body (but subsection (4)
does not apply to the Health and Care Professions Council),

(b) subsection (6) applies to the General Pharmaceutical Council if
40it is one of the bodies, and

(c) subsection (7) applies to the Pharmaceutical Society of Northern
Ireland if it is one of the bodies.

(10) But subsections (6) and (7) do not apply where the bodies concerned are
or include the General Pharmaceutical Council and the Pharmaceutical
45Society of Northern Ireland.

(11) Accordingly, in those circumstances, the General Pharmaceutical
Council and the Pharmaceutical Society of Northern Ireland may

Health and Social Care BillPage 233

jointly establish and maintain a register of persons who are (and, where
they consider appropriate, have been) engaged in work or participating
in studies anywhere in the United Kingdom.

(12) A request to be registered, or to continue to be registered, in a register
5established under subsection (1) must be accompanied by a fee of such
amount as the regulatory body (or bodies) concerned may determine.

25E Section 25D: interpretation

(1) This section applies for the purposes of section 25D.

(2) “Voluntary register” means a register of persons in which a person is
10not required by an enactment to be registered in order to be entitled
to—

(a) use a title,

(b) practise as a member of a profession,

(c) engage in work that involves the provision of health care,

(d) 15engage in work of a description given in section 60(2ZC) of the
Health Act 1999 (social care work in England), or

(e) participate in studies that come within section 25D(2) or (3).

(3) Where an enactment imposes a requirement of that kind which applies
to part only of the United Kingdom, a register is to be regarded as a
20voluntary register in so far as it applies to any part of the United
Kingdom to which the requirement does not apply.

(4) The reference in subsection (2) to an enactment does not include a
reference to an enactment in so far as it imposes a requirement of that
kind which applies—

(a) 25only to work or practice of a particular kind, and

(b) only when work or practice of that kind is engaged in for
particular purposes.

(5) In subsections (2) to (4), “enactment” means an enactment contained in,
or in an instrument made under—

(a) 30an 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.

(6) “Unregulated health professional” means a member of a profession—

(a) 35which is concerned with the physical or mental health of
individuals, but

(b) to which section 60(2) of the Health Act 1999 does not apply.

(7) “Unregulated health care worker” means a person engaged in work
which—

(a) 40involves the provision of health care, but

(b) is not work which may be engaged in only by members of a
profession.

(8) In subsections (2) and (7), “health care” includes—

(a) all forms of health care for individuals, whether relating to
45physical or mental health, and

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(b) procedures that are similar to forms of medical or surgical care
but are not provided in connection with a medical condition.

(9) “Unregulated social care worker in England” means a person engaged
in social care work in England within the meaning of section 60 of the
5Health Act 1999.

(10) But a person is not to be regarded as being (or having been) engaged in
work as an unregulated social care worker merely because the person
is (or has been) participating in a course of the description given in
subsection (2ZC)(o) of that section (social work courses).

(11) 10“The social work profession in England” has the meaning given in that
section.

25F Establishment of voluntary register: impact assessment

(1) Before establishing a register under section 25D, a regulatory body—

(a) must make an assessment of the likely impact of doing so, and

(b) 15must consult such persons as it considers appropriate.

(2) In performing the duty under subsection (1)(a), the body must have
regard to such guidance relating to the preparation of impact
assessments as it considers appropriate.

(3) An assessment under this section must, in particular, include an
20assessment of the likely impact of establishing the register on—

(a) persons who would be eligible for inclusion in the register;

(b) persons who employ persons who would be eligible for
inclusion in the register;

(c) users of health care, users of social care in England and users of
25social work services in England.

(4) A regulatory body must publish any assessment it makes under this
section.

(5) In deciding whether to establish a register under section 25D, a
regulatory body must have regard to the assessment it made under this
30section in relation to the register.

229 Accreditation of voluntary registers

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

25G Power of the Authority to accredit voluntary registers

(1) 35Where a regulatory body or other person maintains a voluntary
register, the Authority may, on an application by the body or other
person, take such steps as it considers appropriate for the purpose of
establishing whether the register meets such criteria as the Authority
may from time to time set (“accreditation criteria”).

(2) 40Accreditation criteria may, in particular, relate to—

(a) the provision to the Authority of information in connection
with the establishment, operation or maintenance of register;

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(b) publication of the names of persons included in the register or
who have been removed from the register (whether voluntarily
or otherwise);

(c) the establishment or operation of a procedure for appeals from
5decisions relating to inclusion in or removal from the register.

(3) If the Authority is satisfied that a voluntary register meets the
accreditation criteria, it may accredit the register.

(4) The Authority may carry out periodic reviews of the operation of
registers accredited under this section for the purpose of establishing
10whether they continue to meet the accreditation criteria.

(5) If, on a review under subsection (4), the Authority is satisfied that a
voluntary register no longer meets the accreditation criteria, the
Authority may remove or suspend, or impose conditions on, the
accreditation of the register.

(6) 15The Authority may refuse to accredit a register, or to continue to
accredit a register, unless the person who maintains the register pays a
fee of such amount as the Authority may determine.

(7) The Authority must publish such accreditation criteria as it sets.

(8) The Authority may publish a list of registers accredited under this
20section.

(9) “Voluntary register” has the meaning given in section 25E.

25H Accreditation of voluntary register: impact assessment

(1) Before accrediting a register under section 25G, the Authority—

(a) must make an assessment of the likely impact of doing so, and

(b) 25must consult such persons as it considers appropriate.

(2) For that purpose, the Authority must have regard to such guidance
relating to the preparation of impact assessments as it considers
appropriate.

(3) An assessment under this section must, in particular, include an
30assessment of the likely impact of accrediting the register on—

(a) persons who are, or are eligible to be, included in the register;

(b) persons who employ persons who are, or are eligible to be,
included in the register;

(c) users of health care, users of social care in England and users of
35social work services in England.

(4) For the purposes of subsection (3), the Authority may request the
person who maintains the register to provide it with such information
as it specifies; and if the person refuses to comply with the request, the
Authority may refuse to accredit the register.

(5) 40The Authority may publish any assessment it makes under this section.

(6) In deciding whether to accredit a register under section 25G, the
Authority must have regard to its assessment under this section in
relation to the register.

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25I Functions of the Authority in relation to accredited voluntary registers

(1) The Authority has the following functions—

(a) to promote the interests of users of health care, users of social
care in England, users of social work services in England and
5other members of the public in relation to the performance of
voluntary registration functions,

(b) to promote best practice in the performance of voluntary
registration functions, and

(c) to formulate principles of good governance in the performance
10of voluntary registration functions and to encourage persons
who maintain or operate accredited voluntary registers to
conform to those principles.

(2) In this section—

(a) a reference to the performance of voluntary registration
15functions is a reference to the maintenance or operation of an
accredited voluntary register, and

(b) “accredited voluntary register” means a register accredited
under section 25G”.

(2) In section 26 of that Act (general powers and duties of the Authority), after
20subsection (2) insert—

(2A) A reference in subsection (2) to a regulatory body includes a reference
to a person other than a regulatory body who has voluntary
registration functions; and for that purpose, the only functions that
person has are the person’s voluntary registration functions.

(3) 25After subsection (3) of that section insert—

(3A) A reference in subsection (3) to a regulatory body includes a reference
to a person other than a regulatory body in so far as that person has
voluntary registration functions.

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

(4A) 30For the purposes of paragraph (c) of subsection (4), the reference in that
subsection to subsection (3) includes a reference to subsection (3) as
construed in accordance with subsection (3A).

(5) After subsection (12) of that section insert—

(13) In this section, “voluntary registration functions” is to be construed in
35accordance with section 25I.

(6) In section 26A of that Act (powers of Secretary of State and devolved
authorities to request advice etc.), after subsection (1A) (inserted by section
223(3)), insert—

(1B) The Secretary of State may request the Authority for advice on any
40matter connected with accreditation of registers under section 25G; and
the Authority must comply with such a request.

(1C) The Welsh Ministers, the Scottish Ministers or the relevant Northern
Ireland department may request the Authority for advice on any matter
connected with accreditation of registers under section 25G other than
45accreditation of registers referred to in subsection (1D); and the
Authority must comply with such a request.

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(1D) The registers are registers of persons who are or have been—

(a) unregulated social care workers in England,

(b) participating in studies for the purpose of becoming a member
of the social work profession in England;

(c) 5participating in studies for the purpose of becoming an
unregulated social care worker in England.

(1E) In subsection (1D), “the social work profession in England” and
“unregulated social care worker in England” each have the meaning
given in section 25E.

(7) 10In section 26B of that Act (duty of the Authority to inform and consult the
public), after subsection (1) insert—

(1A) The references in subsection (1) to the Authority’s functions do not
include a reference to its accreditation functions.

(1B) For the purpose of ensuring that members of the public are informed
15about the exercise by the Authority of its accreditation functions, the
Authority may publish or provide in such manner as it thinks fit
information about the exercise of those functions.

(1C) For the purposes of this section, the Authority’s accreditation functions
are—

(a) 20its functions under sections 25G to 25I,

(b) its functions under section 26 that relate to the performance of
voluntary registration functions (within the meaning given by
section 25I), and

(c) its function under section 26A(1B).

(8) 25In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.

(9) At the end of subsection (4) of that section insert “(other than its accreditation
functions)”.

Consequential provision etc.

230 Consequential provisions and savings, etc.

(1) 30Parts 1 to 3 of Schedule 15 (which contain minor and consequential
amendments and savings relating to the preceding provisions of this Part)
have effect.

(2) The Privy Council may by order make transitional, transitory or saving
provision in connection with the commencement of the preceding provisions
35of this Part.

(3) The quorum for the exercise of the power under subsection (2) is two.

(4) Anything done by the Privy Council under subsection (2) is sufficiently
signified by an instrument signed by the Clerk of the Council.

(5) In section 38 of the National Health Service Reform and Health Care
40Professions Act 2002 (regulations and orders), after subsection (4) insert—

(4A) The quorum for the exercise by the Privy Council of the power under
section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything

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done by the Privy Council under either of those sections or that
paragraph is sufficiently signified by an instrument signed by the Clerk
of the Council.

(6) The amendments made by this Part to an Order in Council under section 60 of
5the Health Act 1999 do not affect the power to make a further Order in Council
under that section amending or revoking provision made by those
amendments.

The Office of the Health Professions Adjudicator

231 Abolition of the Office of the Health Professions Adjudicator

(1) 10The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.

(2) In Part 2 of the Health and Social Care Act 2008 (regulation of health
professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment
etc. of the OHPA).

(3) All property, rights and liabilities to which the OHPA is entitled or subject
15immediately before the commencement of subsection (1) (including rights and
liabilities relating to staff) are transferred to the Secretary of State.

(4) Part 4 of Schedule 15 (which contains consequential amendments and savings
in relation to the OHPA) has effect.

Part 8 20The National Institute for Health and Care Excellence

Establishment and general duties

232 The National Institute for Health and Care Excellence

(1) There is to be a body corporate known as the National Institute for Health and
Care Excellence (referred to in this Part as “NICE”).

(2) 25Schedule 16 (which makes further provision about NICE) has effect.

233 General duties

(1) In exercising its functions NICE must have regard to—

(a) the broad balance between the benefits and costs of the provision of
health services or of social care in England,

(b) 30the degree of need of persons for health services or social care in
England, and

(c) the desirability of promoting innovation in the provision of health
services or of social care in England.

(2) NICE must exercise its functions effectively, efficiently and economically.

(3) 35In this Part—

Functions: quality standards

234 Quality standards

(1) The relevant commissioner may direct NICE to prepare statements of
standards in relation to the provision of—

(a) 10NHS services,

(b) public health services, or

(c) social care in England.

(2) In this Part such a statement is referred to as a “quality standard”.

(3) In preparing a quality standard NICE must consult the public and, for that
15purpose, may publish drafts of the standard.

(4) NICE must keep a quality standard under review and may revise it as it
considers appropriate.

(5) A quality standard (and any revised standard)—

(a) has no effect unless it is endorsed by the relevant commissioner, and

(b) 20must not be published by NICE unless the relevant commissioner so
requires.

(6) The relevant commissioner may require NICE—

(a) to publish the standard (or revised standard) or to disseminate it to
persons specified by the relevant commissioner, and

(b) 25to do so in the manner specified by the relevant commissioner.

(7) NICE must—

(a) establish a procedure for the preparation of quality standards, and

(b) consult such persons as it considers appropriate in establishing that
procedure.

(8) 30Subsection (9) applies in a case where the Secretary of State and the Board each
has power under this section to give NICE a direction to prepare a quality
standard in relation to the same matter or connected matters.

(9) In such a case—

(a) the Secretary of State and the Board may issue a joint direction under
35subsection (1), and

(b) if they do so, NICE must prepare a joint quality standard in respect of
the matter or matters concerned.

(10) In this section “the relevant commissioner”—

(a) in relation to a quality standard in relation to the provision of NHS
40services, means the Board, and

(b) in relation to a quality standard in relation to the provision of public
health services or of social care in England, means the Secretary of
State,

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Contents page 130-139 140-149 150-159 160-169 170-179 180-187 190-199 200-209 210-219 220-229 230-238 240-246 250-259 260-269 270-279 280-289 290-299 300-309 310-319 320-329 330-339 Last page