Health and Social Care Bill (HL Bill 132)

86 In section 61(3) (bodies that are public authorities for purpose of
requirement to comply with planning obligations), under the heading
“Health: England and Wales”, in the entry for National Health Service trusts,
omit “section 25 of the National Health Service Act 2006 or”.

87 5In section 66(4) (bodies that are public bodies for purpose of exemption for
transfers of land), under the heading “Health: England and Wales”, in the
entry for National Health Service trusts, omit “section 25 of the National
Health Service Act 2006 or”.

Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

88 10In section 16(3) of the Licensing Act 2003 (bodies that may apply for
premises licence), in the definition of “health service body”, in paragraph (a),
omit “section 25 of the National Health Service Act 2006 or”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

89 The Health and Social Care (Community Health and Standards) Act 2003 is
15amended as follows.

90 In section 148 (interpretation of Part 2)—

(a) in the definition of “English NHS body” omit paragraph (c), and

(b) in paragraph (b) of the definition of “Welsh NHS body”, omit the
words from “all or most” to the end.

91 20In section 160 (provision of information in personal injury cases), in
subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i),
omit “section 25 of the 2006 Act,”.

92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in
subsection (6), in the definition of “relevant ambulance trust”—

(a) 25before paragraph (a) insert—

“(za) in relation to England, means the NHS foundation
trust which is designated by the Secretary of State for
the purposes of this section in relation to the health
service hospital to which the injured person was
30taken for treatment,”,

(b) in paragraph (a) omit “England or”,

(c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006
Act or”, and

(d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).

93 35In section 165 (power to apply provisions about recovery of charges to non
NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.

Finance Act 2004 (c. 12)Finance Act 2004 (c. 12)

94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the
definition of “NHS trust”, in paragraph (a) omit “section 25 of the National
40Health Service Act 2006 or”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004
(duty to have regard to guidance on conduct of domestic homicide reviews),

in the entry for NHS trusts omit “section 25 of the National Health Service
Act 2006 or”.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

96 The Children Act 2004 is amended as follows.

(za) 5In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit paragraph (f).

(za) In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.

99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in
paragraph (c) omit the words from “all or most” to the end.

Civil Contingencies Act 2004 (c. 36)Civil Contingencies Act 2004 (c. 36)

100 10In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1
responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act,
or”.

National Health Service (Wales) Act 2006 (c. 42)National Health Service (Wales) Act 2006 (c. 42)

101 In section 206(1) of the National Health Service Act (Wales) 2006
15(interpretation), omit the definition of “NHS trust”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

102 In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (duty of care in emergencies), in the definition of “relevant NHS body”,
in paragraph (a) omit “NHS trust,”.

20Local Government and Public Involvement in Health Act 2007 (c. 28)Local Government and Public Involvement in Health Act 2007 (c. 28)

103 The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

104 In section 222 (arrangements regarding local involvement networks)—

(a) omit subsection (3)(b), and

(b) 25omit subsection (4)(d).

105 In section 224(2) (duties of service-providers to local involvement networks),
omit paragraph (a).

106 In section 225(7) (duty to allow entry to local involvement networks), omit
paragraph (a).

30Criminal Justice and Immigration Act 2008 (c. 4)Criminal Justice and Immigration Act 2008 (c. 4)

107 In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence
of causing nuisance or disturbance on NHS premises), in the definition of
“relevant English NHS body”—

(a) omit paragraph (a), and

(b) 35in paragraph (c), for “that Act” substitute “the National Health
Service Act 2006” (and omit the “or” preceding that paragraph).

Health and Social Care Act 2008 (c. 14)Health and Social Care Act 2008 (c. 14)

108 The Health and Social Care Act 2008 is amended as follows.

109 In section 97(1) (general interpretation of Part 1)—

(a) in the definition of “English NHS body” omit paragraph (c), and

(b) 5in the definition of “English NHS provider” omit paragraph (b).

110 In section 153(1) (directing NHS bodies to exercise certain functions in
relation to financial assistance), omit paragraph (c).

Autism Act 2009 (c. 15)2009 (c. 15)

111 In section 4(1) of the Autism Act 2009 (interpretation), in the definition of
10“NHS body”, omit paragraph (c).

Health Act 2009 (c. 21)Health Act 2009 (c. 21)

112 The Health Act 2009 is amended as follows.

113 In section 2(2) (bodies with duty to have regard to NHS Constitution) omit
paragraph (c).

114 15In section 8(2) (bodies with duty to publish information on quality of
services) omit paragraph (b).

Corporation Tax Act 2010 (c. 4)Corporation Tax Act 2010 (c. 4)

115 In section 986 of the Corporation Tax Act 2010 (meaning of “health service
body”), in the table, in the entry for a National Health Service trust, omit
20“section 25 of the National Health Service Act 2006 or”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

116 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty), in the group of entries that includes entries for bodies
whose functions relate to the health service, omit the entry for an NHS trust.

25Charities Act 2011 (c. 25)2011 (c. 25)

117 The Charities Act 2011 is amended as follows.

118 In section 149 (audit or examination of English NHS charity accounts), in
subsection (7), omit paragraphs (c), (d) and (e).

119 In section 150 (audit or examination of Welsh NHS charity accounts), in
30subsection (4)—

(a) in paragraph (b), omit the words from “all or most” to the end,

(b) in paragraph (c), omit “falling within paragraph (b)”, and

(c) in paragraph (d), omit “such”.

Sections 230 and 231

SCHEDULE 15 Part 7: consequential amendments and savings

Part 1 Abolition of The General Social Care Council

5Amendments to the Care Standards Act 2000 (c. 14)Care Standards Act 2000 (c. 14)

1 The Care Standards Act 2000 is amended as follows.

2 In section 55(3)(g) (power to treat persons on certain social work courses as
social care workers)—

(a) for “a Council” substitute “the Welsh Council”, and

(b) 10after “section 63” insert “, or by the Health and Care Professions
Council under article 15 of the Health and Social Work Professions
Order 2001,”.

3 In section 56 (register of social care workers etc.)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,
15and

(b) in subsection (4), for “the Council” substitute “the Welsh Council”.

4 In section 57 (applications for registration), in subsection (1), for “a Council”
substitute “the Welsh Council”.

5 In section 58 (grant or refusal of registration), in subsection (1) for “the
20Council” substitute “the Welsh Council”.

6 In section 58A (visiting social workers from relevant European States)—

(a) in subsections (3) and (7), for “a Council” substitute “the Welsh
Council”, and

(b) in subsection (6), for “a Council, that” substitute “the Welsh Council,
25the”.

7 In section 59 (removal etc. from register), in subsection (1), for “Each
Council” substitute “The Welsh Council”.

8 In section 60 (rules about registration), for “A Council” substitute “The
Welsh Council”.

9 30In section 61 (offence relating to use of title “social worker” etc.)—

(a) in subsection (1), after “a person” insert “in Wales”,

(b) in subsection (2)(a), for “a Council” substitute “the Welsh Council”,
and

(c) in subsection (2)(b), after “the law of” insert “England and Wales so
35far as applying in relation to England,”.

10 In section 62 (codes of practice)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,

(b) in subsections (3), (4) and (6), for “a Council” substitute “the
Council”, and

(c) 40in subsection (5), after “Local authorities” insert “in Wales”.

11 In section 63 (approval of courses etc.)—

(a) in subsection (1), for “Each Council” substitute “The Welsh Council”,
and

(b) in subsection (4), for “A Council” substitute “The Council”.

12 In section 64 (qualifications gained outside Council’s area)—

(a) 5in subsection (A1), for “a Council” substitute “the Welsh Council”,

(b) omit subsection (1), and

(c) for the title substitute “Qualifications gained outside the Welsh
Council’s area”.

13 In section 65(1) (power to make rules requiring registered persons to
10undertake further training), for “A Council” substitute “The Welsh Council”.

14 In section 66 (visitors for certain social work courses)—

(a) in subsection (1), for “A Council” substitute “The Welsh Council”,
and

(b) in subsection (3), for “a Council” substitute “the Council”.

15 15In section 67 (functions of the appropriate Minister)—

(a) in subsection (2), for “a Council” substitute “the Welsh Council”, and

(b) in subsection (5), omit paragraph (a) (and the “or” following it).

16 In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a
Council” substitute “the Welsh Council”.

17 20In section 69 (publication etc. of register), in subsection (1), for “A Council”
substitute “The Welsh Council”.

18 Omit section 70 (abolition of the Central Council for Education and Training
in Social Work).

19 In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council”
25substitute “the Welsh Council”.

20 In section 113 (default Ministerial powers), omit subsection (1).

21 In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.

22 In section 118 (orders and regulations), in subsection (4), omit the words
from “; and” to the end.

23 30In section 121 (13) (index of defined expressions)—

(a) omit the entry for “CCETSW”,

(b) omit the entry for references to the Council, the English Council and
the Welsh Council, and

(c) at the end insert—

24 In section 122 (commencement), omit “section 70(2) to (5) and”.

25 In section 123 (extent), omit subsection (3).

26 Schedule 1 (the Care Councils) is amended as follows.

27 Omit paragraph 1 (introductory).

28 In paragraph 2 (status)—

(a) for “An authority” substitute “The Welsh Council”, and

(b) for “an authority’s” substitute “the Council’s”.

29 In paragraph 3(1) (general powers), for “the Secretary of State, an authority”
5substitute “the Welsh Ministers, the Welsh Council”.

30 In paragraph 4 (general duty), for “an authority” substitute “the Welsh
Council”.

31 For paragraph 5 (membership)—

(a) for “Each authority” substitute “The Welsh Council”, and

(b) 10for “the Secretary of State” substitute “the Welsh Ministers”.

32 In paragraph 6 (appointment, procedure etc.)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Welsh Council”,

(c) in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each
15place it appears) for “an authority” substitute “the Council”, and

(d) in paragraph (c), for “the authority” substitute “the Council”.

33 (1) Paragraph 7 (remuneration and allowances) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”,

(b) 20for “the authority”, in each place it appears, substitute “the Council”,
and

(c) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “the Secretary of State so determines” substitute “the Welsh
25Ministers so determine”,

(b) for “an authority”, in each place it appears, substitute “the Council”,
and

(c) for “the Secretary of State” substitute “the Welsh Ministers”.

(4) In sub-paragraph (3)—

(a) 30for “the Secretary of State determines” substitute “the Welsh
Ministers determine”,

(b) for “an authority” substitute “the Council”,

(c) for “the authority” substitute “the Council”, and

(d) for “the Secretary of State” substitute “the Welsh Ministers”.

34 (1) 35Paragraph 8 (chief officer) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “each authority” substitute “the Welsh Council”, and

(b) for “the authority”, in each place it appears, substitute “the Council”.

(3) In sub-paragraph (2), for “the Secretary of State”, in each place it appears,
40substitute “the Welsh Ministers”.

(4) In sub-paragraph (3), for “the authority” substitute “the Council”.

(5) In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh
Ministers”.

35 (1) Paragraph 12 (staff) is amended as follows.

(2) In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.

(3) In sub-paragraph (2)—

(a) for “an authority” substitute “the Council”, and

(b) 5for “the authority” substitute “the Council”.

(4) In sub-paragraph (3), for “an authority” substitute “the Council”.

(5) In sub-paragraph (4)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) in paragraph (a), for “an authority” substitute “the Council”, and

(c) 10in paragraph (c), for “the authority” substitute “the Council”.

36 (1) Paragraph 13 (delegation of functions) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “An authority” substitute “The Welsh Council”, and

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

(3) 15In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

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

37 In paragraph 14 (arrangements for the use of staff)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) 20in paragraph (a), for “an authority” substitute “the Welsh Council”,
and

(c) in paragraph (b), for “an authority” substitute “the Council”, and for
“the authority” substitute “the Council”.

38 In paragraph 16 (payments to authorities)—

(a) 25for “The Secretary of State” substitute “The Welsh Ministers”,

(b) for “an authority” substitute “the Welsh Council”, and

(c) for “he considers” substitute “they consider”.

39 (1) Paragraph 18 (accounts) is amended as follows.

(2) In sub-paragraph (1)—

(a) 30for “An authority” substitute “The Welsh Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An authority” substitute “The Council”, and

(b) for “the Secretary of State” substitute “the Welsh Ministers”.

(4) 35In sub-paragraph (3)—

(a) for “An authority” substitute “The Council”,

(b) for “the Secretary of State”, in each place it appears, substitute “the
Welsh Ministers”, and

(c) for “the Comptroller and Auditor General” substitute “the Auditor
40General for Wales”.

(5) In sub-paragraph (4)—

(a) for “The Comptroller and Auditor General” substitute “The Auditor
General for Wales”, and

(b) for “Parliament” substitute “the Assembly”.

(6) In sub-paragraph (5)—

(a) 5for “an authority” substitute “the Council”, and

(b) in paragraph (a), for “the authority” substitute “the Council”.

40 (1) Paragraph 19 (reports etc.) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) 10for “the Secretary of State” substitute “the Welsh Ministers”.

(3) In sub-paragraph (2)—

(a) for “An Authority” substitute “The Council”,

(b) for “the Secretary of State” substitute “the Welsh Ministers”, and

(c) for “he” substitute “they”.

(4) 15In sub-paragraph (3), for “the authority” substitute “the Council”.

41 In paragraph 20 (application of seal)—

(a) for “an authority” substitute “the Welsh Council”, and

(b) in paragraphs (a) and (b), for “the authority” substitute “the
Council”.

42 20In paragraph 21 (evidence), for “an authority” substitute “the Welsh
Council”.

43 For the title to Schedule 1 substitute “The Welsh Council”.

Amendments to the Health and Social Care Act 2008 (c. 14)Health and Social Care Act 2008 (c. 14)

44 The Health and Social Care Act 2008 is amended as follows.

45 (1) 25In section 124 (regulation of social care workers)—

(a) in subsection (1), for “appropriate Minister”, in each place it appears,
substitute “Welsh Ministers”,

(b) in that subsection, for “their regulation” substitute “the regulation of
social care workers”, and

(c) 30in subsection (3), omit the definition of “the appropriate Minister”.

(2) For the title to that section substitute “Regulation of social care workers:
Wales”.

46 Section 125 (standard of proof in proceedings relating to registration of
social care worker)—

(a) 35in subsection (2), for “a committee of a Council, a Council itself or
any officer of a Council” substitute “the Care Council for Wales, a
committee of the Council or any officer of the Council”, and

(b) in subsection (3), omit paragraph (a).

47 (1) Section 126 (education and training of approved mental health
40professionals) is amended as follows.

(2) In subsection (1)—

(a) for “appropriate Minister” substitute “Welsh Ministers”, and

(b) omit “the General Social Care Council or”.

(3) In subsection (4), omit the definition of “the appropriate Minister”.

(4) For the title to section 126 substitute “Education and training of approved
mental health professionals: Wales”.

48 5In section 171(4) (provisions which Welsh Ministers have power to
commence), before paragraph (a) insert—

“(za) sections 124 and 125 and Schedule 9 (regulation of social care
workers: Wales) and section 126 (education and training of
approved mental health professionals: Wales),”.

49 (1) 10Schedule 9 (regulation of social care workers) is amended as follows.

(2) In paragraph 1 (interpretation), for the definition of “the appropriate
Council” substitute—

• ““the Council” means the Care Council for Wales.”

(3) In paragraph 2 (matters generally within the scope of regulations), in
15paragraphs (a) and (h), for “the appropriate Council” substitute “the
Council”.

(4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council”
substitute “the Council”.

(5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from
20“Ministers of the Crown” to “Welsh Ministers, on”.

(6) In paragraph 8 (matters outside the scope of regulations)—

(a) in sub-paragraph (1), omit “the General Social Care Council or”,

(b) in sub-paragraph (2), for “either of those Councils” substitute “the
Council”, and

(c) 25in that sub-paragraph, for “that Council” substitute “the Council”.

(7) Omit paragraph 9 (preliminary procedure for making regulations: England).

(8) For the title to that Schedule substitute “Regulation of social care workers:
Wales”.

Amendments to other Acts

50 30In the following provisions, omit the entry for the General Social Care
Council—

(a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,

(b) Schedule 2 to the Parliamentary Commissioner Act 1967,

(c) Part 2 of Schedule 1 to the House of Commons Disqualification
35Act 1975,

(d) Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975, and

(e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

51 In section 343 of the Income Tax (Earning and Pensions) Act 2003
40(deductions for professional membership fees), in paragraph 1 of the Table
in subsection (2), omit sub-paragraph (o).

52 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers:
duty to refer), in entry number 8 in the table in subsection (7)—

(a) in the first column, after “social care workers” insert “in Wales”, and

(b) in the second column, for the words from “General” to the end
substitute “Care Council for Wales”.

Part 2 5The Health and Care Professions Council

53 (1) A reference in any instrument or document to the Health Professions
Council is to be read, in relation to any time after the commencement of
section 214(1), as a reference to the Health and Care Professions Council.

(2) A reference in this Act or any other enactment, or in any other instrument or
10document, to the Health and Care Professions Council is to be read, in
relation to any time before the commencement of section 214(1), as a
reference to the Health Professions Council.

(3) In sub-paragraph (2), “enactment” means an enactment contained in, or in
an instrument made under—

(a) 15an 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.

54 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
20at the appropriate place insert—

• “ The Health and Care Professions Council”.

55 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975, at the appropriate place insert—

• “ The Health and Care Professions Council”.

56 25In the following provisions, for “the Health Professions Council” substitute
“the Health and Care Professions Council”—

(a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,

(b) section 25(3)(gb) of the National Health Service Reform and Health
Care Professions Act 2002,

(c) 30section 4(4)(a) of the Health (Wales) Act 2003,

(d) paragraph 1(f) of the Table in section 343(2) of the Income Tax
(Earning and Pensions) Act 2003,

(e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups
Act 2006, and

(f) 35sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable
Groups (Scotland) Act 2007.

57 In section 257(3) of the Armed Forces Act 2006 (definition of “registered
social worker”), for paragraph (a) substitute—

“(a) the Health and Care Professions Council;”.

58 40After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act
2007, insert—

“(6) The reference in subsection (5) to the Health and Care Professions
Council does not include a reference to that body in so far as it has
functions relating to the social work profession in England or social