Care Bill (HL Bill 1)

does not also constitute an offence under section 64 of the Health and Social
Care Act 2008 (failure to comply with request to provide information).

82 Penalties

(1) A care provider who is guilty of an offence under section 81 is liable, on
5summary conviction or on conviction on indictment, to a fine.

(2) A court before which a care provider is convicted of an offence under section
81 may (whether instead of or as well as imposing a fine under subsection (1))
make either or both of the following orders—

(a) a remedial order,

(b) 10a publicity order.

(3) A “remedial order” is an order requiring the care provider to take specified
steps to remedy one or more of the following—

(a) the conduct specified in section 81(1),

(b) any matter that appears to the court to have resulted from the conduct,

(c) 15any deficiency, as regards the management of information, in the care
provider’s policies, systems or practices of which the conduct appears
to the court to be an indication.

(4) A “publicity order” is an order requiring the care provider to publicise in a
specified manner—

(a) 20the fact that it has been convicted of an offence under section 81,

(b) specified particulars of the offence,

(c) the amount of any fine imposed, and

(d) the terms of any remedial order made.

(5) A remedial order may be made only on an application by the prosecution
25specifying the terms of the proposed order; and any such order must be on
such terms (whether those proposed or others) as the court considers
appropriate having regard to any representations made, and any evidence
adduced, in relation to that matter by the prosecution or on behalf of the care
provider.

(6) 30A remedial order must specify a period within which the steps referred to in
subsection (3) are to be taken.

(7) A publicity order must specify a period within which the requirements
referred to in subsection (4) are to be complied with.

(8) A care provider that fails to comply with a remedial order or a publicity order
35commits an offence and is liable on conviction on indictment to a fine.

Part 3 Health

CHAPTER 1 Health Education England

Establishment

83 5Health Education England

(1) There is to be a body corporate called Health Education England (referred to in
this Act as “HEE”).

(2) Schedule 5 (which includes provision about HEE’s constitution, the exercise of
its functions and its financial and reporting duties) has effect.

(3) 10The Special Health Authority called Health Education England is abolished;
and, in consequence of that, the following are revoked—

(a) the Health Education England (Establishment and Constitution) Order
2012 (S.I. 2012/1273S.I. 2012/1273), and

(b) the Health Education England Regulations (S.I. 2012/1290S.I. 2012/1290).

(4) 15The Secretary of State may by order provide for the transfer of property, rights
and liabilities from that Special Health Authority to HEE; for further provision
about an order under this section, see section 105.

National functions

84 Planning education and training for health care workers etc.

(1) 20HEE must perform on behalf of the Secretary of State the duty under section
1F(1) of the National Health Service Act 2006 (planning and delivery of
education and training), so far as that duty applies to the functions of the
Secretary of State under—

(a) section 63(1) and (5) of the Health Services and Public Health Act 1968
25(instruction for officers of hospital authorities etc.),

(b) section 258(1) of the National Health Service Act 2006 (university
clinical teaching and research), and

(c) such other of the enactments listed in section 1F(3) of that Act as
regulations may specify.

(2) 30Regulations may—

(a) provide for the duty under section 1F(1) of the National Health Service
Act 2006 to apply to such other functions of the Secretary of State as are
specified; and

(b) impose on HEE a duty to perform the duty as it applies as a result of
35provision made under paragraph (a).

(3) Regulations may provide that the duty under subsection (1) or a duty imposed
under subsection (2) may only be performed, or may not be performed, in
relation to persons of a specified description.

(4) In each of the following provisions of the National Health Service Act 2006,
after “the Secretary of State” insert “and Health Education England”—

(a) section 1F(2) (duty on providers of health services to support system of
education and training for health care workers);

(b) 5section 13M (duty on National Health Service Commissioning Board to
support that system);

(c) section 14Z (duty on clinical commissioning groups to support that
system).

(5) Regulations may give HEE further functions relating to education and training
10for health care workers.

(6) HEE may, with the consent of the Secretary of State, carry out other activities
relating to—

(a) education and training for health care workers;

(b) the provision of information and advice on careers in the health service.

(7) 15After section 63(6) of the Health Services and Public Health Act 1968 insert—

“(6A) The Secretary of State may make such other payments as the Secretary
of State considers appropriate to persons availing themselves of such
instruction in England.

(6B) The Secretary of State may make a payment under subsection (6)(b) or
20(6A) subject to such terms and conditions as the Secretary of State
decides; and the Secretary of State’s power to make such a payment
includes power to suspend or terminate the payment, or to require
repayment, in such circumstances as the Secretary of State decides.”

(8) The power of the Secretary of State under section 63(6) or (6A) of the Health
25Services and Public Health Act 1968 is exercisable concurrently with HEE; but,
in exercising the power, HEE must have regard to any guidance or other
information issued by the Secretary of State about its exercise.

(9) “Health care workers” means persons in relation to whom HEE’s duty under
section 1F(1) of the National Health Service Act 2006 is to be performed.

85 30Ensuring sufficient skilled health care workers for the health service

(1) HEE must exercise its functions with a view to ensuring that a sufficient
number of persons with the skills and training to work as health care workers
for the purposes of the health service is available to do so throughout England.

(2) Regulations may provide that the duty under subsection (1) may only be
35performed, or may not be performed, in relation to persons of a specified
description.

86 Quality improvement in education and training, etc.

(1) HEE must exercise its functions with a view to securing continuous
improvement—

(a) 40in the quality of education and training provided for health care
workers;

(b) in the quality of health services.

(2) HEE must, in exercising its functions, promote—

(a) research into matters relating to such of the activities listed in section
63(2) of the Health Services and Public Health Act 1968 (social care
services, primary care services and other health services) as are relevant
to HEE’s functions, and

(b) 5the use in those activities of evidence obtained from the research.

(3) In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS
Constitution when exercising health service functions), after paragraph (g)
insert—

“(h) Health Education England.”

(4) 10HEE must exercise its functions with a view to securing that education and
training for health care workers is provided in a way which promotes the NHS
Constitution.

(5) “Health services” means health services provided as part of the health service.

(6) “NHS Constitution” has the meaning given by section 1(1) of the Health Act
152009.

87 Objectives, priorities and outcomes

(1) The Secretary of State must publish before the start of each financial year a
document which specifies the objectives and priorities that the Secretary of
State has set for HEE for that year in relation to the education and training to
20be provided for health care workers.

(2) The Secretary of State must also publish at intervals of not more than three
years a document (called the “Education Outcomes Framework”) which
specifies the outcomes that the Secretary of State has set for HEE to achieve
having regard to those objectives and priorities.

(3) 25The Secretary of State—

(a) may revise a document published under subsection (1) or (2), and

(b) if the Secretary of State does so, must publish it as revised.

(4) HEE must publish a document which—

(a) specifies the objectives and priorities that it has set, for the period
30specified in the document, for the planning and delivery of education
and training to health care workers,

(b) specifies the outcomes that HEE expects to achieve in that respect
during that period having regard to those objectives and priorities, and

(c) includes, or refers to a document which includes, guidance for LETBs
35(see section 90) on the exercise of the function under section 94(1).

(5) In performing the duty under subsection (4), HEE must have regard, in
particular, to its objectives in the longer term in relation to the planning and
delivery of education and training to health care workers.

(6) HEE must ensure that the objectives, priorities and outcomes specified for the
40purposes of subsection (4)(a) and (b) are consistent with those specified for the
purposes of subsections (1) and (2).

(7) A document under subsection (4) may specify different periods in relation to
different categories of health care worker.

(8) HEE must, before the end of 12 months beginning with the date on which a
document under subsection (4) is published—

(a) review the document, and,

(b) if HEE revises it, publish it as revised.

(9) 5HEE may perform the duty under subsection (4) by publishing two or more
documents which, taken together, comply with that subsection.

(10) HEE must seek to achieve the objectives and outcomes and to reflect the
priorities specified in any document—

(a) published by the Secretary of State under subsection (1), (2) or (3);

(b) 10published by HEE under subsection (4) or (8).

88 Sections 85 and 87: matters to which HEE must have regard

(1) In performing the duty under section 85(1) (ensuring sufficient skilled workers
for the health service) or the duty under section 87(4) (setting objectives,
priorities and outcomes for education and training), HEE must have regard to
15the following matters in particular—

(a) the likely future demand for health services and for persons with the
skills and training to work as health care workers for the purposes of
the health service,

(b) the sustainability of the supply of persons with the skills and training
20to work as such,

(c) the priorities that providers of health services have for the education
and training of persons wishing to work as such,

(d) the mandate published under section 13A of the National Health
Service Act 2006,

(e) 25the objectives of the Secretary of State in exercising public health
functions (as defined by section 1H of that Act),

(f) the priorities that the National Health Service Commissioning Board
has for the provision of health services,

(g) documents published by the Secretary of State under section 87(1), (2)
30or (3),

(h) the desirability of promoting the integration of health provision with
health-related provision and care and support provision,

(i) the desirability of enabling health care workers to switch between
different posts relating to health provision, health-related provision or
35care and support provision, and

(j) such other matters as regulations may specify.

(2) In subsection (1), “health provision”, “health-related provision” and “care and
support provision” each have the same meaning as in section 3.

89 Advice

(1) 40HEE must make arrangements for obtaining advice on the exercise of its
functions from persons who are involved in, or who HEE thinks otherwise
have an interest in, the provision of education and training for health care
workers.

(2) HEE must seek to ensure that it receives representations from the following, in
45particular, under the arrangements it makes under subsection (1)—

(a) persons who provide health services;

(b) persons to whom health services are provided;

(c) carers for persons to whom health services are provided;

(d) health care workers;

(e) bodies which regulate health care workers;

(f) 5persons who provide, or contribute to the provision of, education and
training for health care workers.

(3) HEE may perform a duty under subsection (2) by seeking to ensure that it
receives representations from organisations which represent the persons
referred to in the paragraph in question.

(4) 10HEE must advise the Secretary of State on such matters relating to its functions
as the Secretary of State may request; and a request under this subsection may
specify how and when the advice is to be provided.

(5) “Carer” means an adult who provides or intends to provide care for another
person.

15Local functions

90 Local Education and Training Boards

(1) HEE must, in exercise of the power under paragraph 9 of Schedule 5, appoint
committees for areas in England, each of which is to be called a Local Education
and Training Board (referred to in this Chapter as an “LETB”).

(2) 20The main function of an LETB is to exercise on HEE’s behalf its functions under
sections 84(1) and 85(1) (planning and delivering education for health care
workers and ensuring sufficient skilled health care workers in the health
service), so far as they are exercisable in or in relation to the LETB’s area.

(3) In carrying out its main function, an LETB must represent the interests of all
25the persons who provide health services in the area for which the LETB is
appointed.

(4) An LETB may co-operate with another LETB in the exercise of functions; and
two or more LETBs may exercise functions jointly.

(5) HEE may attend any meeting held by an LETB about a matter of concern to
30HEE.

91 LETBs: appointment etc.

(1) Where, on an application under this section, HEE is satisfied that the applicants
meet the criteria that HEE has set for the purpose (the “appointment criteria”),
HEE must appoint the applicants as members of an LETB for such area as HEE
35considers appropriate.

(2) Where, on an application under this section, HEE is satisfied that the applicants
meet some (but not all) of the appointment criteria, it may nonetheless appoint
the applicants as the members of an LETB for such area and subject to such
conditions as HEE considers appropriate.

(3) 40The members of an LETB must include—

(a) persons who provide health services in the area for which the LETB is
appointed, and

(b) persons who have clinical expertise of a description specified in
regulations.

(4) The regulations may require a specified number of members to have that
expertise.

(5) 5The following persons are also eligible to be appointed as members of an
LETB—

(a) persons who, in the area for which the LETB is appointed, provide
education or training for health care workers or for persons wishing to
work as health care workers, and

(b) 10persons of such other description as HEE may decide.

(6) A member of HEE is not eligible for membership of an LETB.

(7) The appointment criteria must include criteria designed to ensure that a
majority of the members of an LETB are persons who provide health services
in the area for which the LETB in question is appointed.

(8) 15If HEE is unable (for reasons beyond its control) to comply with any
requirement imposed by this section or regulations under this section to
appoint persons of a particular description as members of an LETB, HEE may
instead appoint employees of HEE (other than members of HEE).

(9) On appointing an LETB, HEE must appoint the chair of the LETB; but it may
20not appoint as chair a person who—

(a) provides health services in the area for which the LETB is appointed, or

(b) in the area for which the LETB is appointed, provides education or
training for health care workers or for persons wishing to work as
health care workers.

(10) 25HEE must notify applicants under subsection (1) or (2) of the decision on the
application and—

(a) in the case of an approval of such an application, the area for which the
LETB is appointed and the appointment under subsection (9);

(b) in the case of a rejection, the reasons for the rejection.

(11) 30HEE, having complied with subsection (10), must publish—

(a) the decision, and

(b) in the case of a rejection, the reasons for the rejection.

(12) The conditions on which a person is appointed as a member of an LETB must
include a condition not to use information obtained in the capacity as such
35otherwise than for the purposes of the LETB.

(13) Regulations may make further provision about—

(a) the membership of an LETB;

(b) the removal by HEE of members of an LETB;

(c) the suspension by HEE of members of an LETB.

(14) 40Schedule 6 (which includes provision about the area of an LETB, the
appointment criteria and the exercise of an LETB’s functions) has effect.

92 LETBs: co-operation by providers of health services

(1) Regulations must require specified commissioners of health services to include
in the arrangements under the National Health Service Act 2006 for the
provision of such services terms to ensure that a provider of such services—

(a) 5co-operates with the LETB for each area in which it provides such
services, in such manner and to such extent as the LETB in question
may request, in planning the provision of, and in providing, education
and training for health care workers;

(b) provides the LETB in question with such information as it may request;

(c) 10complies with such other obligations relating to education and training
for health care workers as may be specified.

(2) Duties imposed by regulations under subsection (1) on commissioners of
health services are in addition to the duty imposed on such persons by section
1F(2) of the National Health Service Act 2006 (duty to secure that persons
15providing health services co-operate with the Secretary of State in the
discharge of the duty as to education and training).

(3) Regulations may specify factors to which an LETB must, when proposing to
make a request of the type mentioned in subsection (1)(a) or (b), have regard in
considering the reasonableness of making the request.

(4) 20A reference to a commissioner of health services is a reference to—

(a) the National Health Service Commissioning Board,

(b) a clinical commissioning group, or

(c) such other person as arranges for the provision of such services.

93 Education and training plans

(1) 25An LETB must publish for each financial year a document (called an
“education and training plan”) specifying how it proposes to exercise its main
function (see section 90(2)).

(2) The education and training plan of an LETB must specify how the LETB
proposes to—

(a) 30achieve the objectives and reflect the priorities set by the Secretary of
State for the purposes of section 87(1),

(b) achieve the objectives and reflect the priorities set by HEE for the
purposes of section 87(4)(a),

(c) achieve the outcomes set by the Secretary of State for the purposes of
35section 87(2), and

(d) achieve the outcomes set by HEE for the purposes of section 87(4)(b).

(3) In preparing its education and training plan, an LETB must have regard to—

(a) the priorities that the providers of health services whom the LETB
represents have in relation to the provision in the LETB’s area of health
40services and of education and training for health care workers or
persons wishing to become health care workers,

(b) the priorities that commissioners of health services in the LETB’s area
have in relation to those matters,

(c) any assessment of relevant needs relating to the LETB’s area prepared
45under section 116 of the Local Government and Public Involvement in
Health Act 2007,

(d) any joint health and wellbeing strategy relating to the LETB’s area
prepared under section 116A of that Act, and

(e) the LETB’s objectives in the longer term in relation to the exercise of the
LETB’s main function.

(4) 5In preparing its education and training plan, an LETB must involve—

(a) the providers of health services whom the LETB represents,

(b) the commissioners of health services in the LETB’s area,

(c) the Health and Wellbeing Board for that area,

(d) such persons as HEE may direct the LETB to involve, and

(e) 10such other persons as the LETB considers appropriate.

(5) Before publishing its education and training plan (or an amended education
and training plan), an LETB must obtain approval of the plan (or the amended
plan) from HEE.

(6) Before giving an approval under subsection (5), HEE may direct the LETB
15concerned to amend the education and training plan (or the amended
education and training plan) as HEE specifies.

(7) But, in the case of an LETB which meets all the appointment criteria, the only
amendments which HEE may direct to be made under subsection (6) are those
HEE considers necessary in order to ensure that the LETB achieves the
20outcomes set by HEE for the purposes of section 87(4)(b).

(8) Where HEE exercises the power under subsection (6), it must publish—

(a) the amendments in question, and

(b) its reasons for directing them to be made.

(9) HEE may give LETBs directions about—

(a) 25what to include in their education and training plans;

(b) how to present them.

(10) An LETB may perform the duty under subsection (1) by preparing two or more
documents which, taken together, specify how it proposes to exercise its main
function.

94 30Commissioning education and training

(1) Each LETB must for each financial year arrange for the provision of education
and training in accordance with its education and training plan for that year.

(2) Where HEE considers that it would be better for the arrangements for the
provision of certain education and training to be made on a national basis, it—

(a) 35may arrange for the provision of that education and training
accordingly, or

(b) may direct one or more LETBs to do so on its behalf.

(3) Before exercising a power under subsection (2), HEE must involve LETBs in
making its decision.

(4) 40HEE must for each financial year allocate to each LETB the amount that HEE
considers appropriate to enable the LETB to comply with this section.

(5) In doing so, HEE must take into account any duty to which the LETB is subject
under section 95(9) (requirement to make payments by reference to an
approved tariff price or a price varied under a specified procedure).

(6) An LETB may arrange for another person to help it to exercise the function
under subsection (1) or (where it is directed to do so under subsection (2)(b))
the function under subsection (2)(a) (and such functions as are exercisable for
the purposes of or in connection with the exercise of the function concerned).

(7) 5Each LETB—

(a) must keep under review the quality of the education and training the
provision of which it arranges, and

(b) must report its findings to such persons as it considers may be
interested by them.

(8) 10An LETB must produce such reports on the exercise of the function under
subsection (1) (including on the quality of the education and training the
provision of which it arranges) as HEE may require.

Tariffs

95 Tariffs

(1) 15The Secretary of State may specify a tariff setting approved prices in respect of
education and training.

(2) The approved prices may be different for different descriptions of education
and training (and may in particular be different for different areas).

(3) A tariff specified under subsection (1) must be published.

(4) 20If a tariff is specified under subsection (1), the Secretary of State may also
specify a procedure for varying the approved prices in particular cases or
descriptions of cases.

(5) If the Secretary of State does so, the procedure—

(a) must be published, and

(b) 25must require a price as varied under the procedure to be published.

(6) A published tariff or variation procedure may be revised or revoked by the
Secretary of State.

(7) If a tariff or variation procedure is revised, the Secretary of State must publish
it as revised.

(8) 30If it is revoked, the Secretary of State must publish a statement to that effect.

(9) Where a tariff sets an approved price for a particular description of education
or training, payments made by an LETB or HEE in respect of the provision of
that description of education or training must be made—

(a) by reference to the approved price, or

(b) 35where the approved price has been varied in accordance with a
variation procedure that has effect in relation to it, by reference to the
price as varied.