Care Bill [HL]

House of Lords

Session 2013 - 14
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Other Bills before Parliament

Care Bill [HL]

Care Bill [HL]
Part 2 — Care standards
82

False or misleading information
90
Offence
(1)
A care provider of a specified description commits an offence if—
(a)
it supplies, publishes or otherwise makes available information of a
specified description,
5
(b)
the supply, publication or making available by other means of
information of that description is required under an enactment or other
legal obligation, and
(c)
the information is false or misleading in a material respect.
(2)
But it is a defence for a care provider to prove that it took all reasonable steps
10
and exercised all due diligence to prevent the provision of false or misleading
information as mentioned in subsection (1).
(3)
“Care provider” means—
(a)
a public body which provides health services or adult social care in
England,
15
(b)
a person who provides health services or adult social care in England
pursuant to arrangements made with a public body exercising
functions in connection with the provision of such services or care, or
(c)
a person who provides health services or adult social care in England
all or part of the cost of which is paid for by means of a direct payment
20
under section 12A of the National Health Service Act 2006 or under Part
1 of this Act.
(4)
“Health services” means services which must or may be provided as part of the
health service.
(5)
“Adult social care”—
25
(a)
includes all forms of personal care and other practical assistance for
individuals who, by reason of age, illness, disability, pregnancy,
childbirth, dependence on alcohol or drugs, or any other similar
circumstances, are in need of such care or other assistance, but
(b)
does not include anything provided by an establishment or agency for
30
which Her Majesty’s Chief Inspector of Education, Children’s Services
and Skills is the registration authority under section 5 of the Care
Standards Act 2000.
(6)
“Specified” means specified in regulations.
(7)
If a care provider commits an offence under either of the provisions mentioned
35
in subsection (8) in respect of the provision of information, the provision of that
information by that provider does not also constitute an offence under
subsection (1).
(8)
The provisions referred to in subsection (7) are—
(a)
section 44 of the Competition Act 1998 (provision of false or misleading
40
information) as applied by section 72 of the Health and Social Care Act
2012 (functions of the OFT under Part 1 of the Competition Act 1998 to
be concurrent functions of Monitor), and
(b)
section 117 of the Enterprise Act 2002 (provision of false or misleading
information) as applied by section 73 of the Health and Social Care Act
45
2012 (functions of the OFT under Part 4 of the Enterprise Act 2002 to be
concurrent functions of Monitor).

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Part 2 — Care standards
83

(9)
If a care provider commits an offence under subsection (1) in respect of the
provision of information, the provision of that information by that provider
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).
91
Penalties
5
(1)
A person who is guilty of an offence under section 90 is liable—
(a)
on summary conviction, to a fine;
(b)
on conviction on indictment, to imprisonment for not more than two
years or a fine (or both).
(2)
A court before which a care provider is convicted of an offence under section
10
90 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)
a publicity order.
(3)
A “remedial order” is an order requiring the care provider to take specified
15
steps to remedy one or more of the following—
(a)
the conduct specified in section 90(1),
(b)
any matter that appears to the court to have resulted from the conduct,
(c)
any deficiency, as regards the management of information, in the care
provider’s policies, systems or practices of which the conduct appears
20
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)
the fact that it has been convicted of an offence under section 90,
(b)
specified particulars of the offence,
25
(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
specifying the terms of the proposed order; and any such order must be on
such terms (whether those proposed or others) as the court considers
30
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)
A remedial order must specify a period within which the steps referred to in
subsection (3) are to be taken.
35
(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
commits an offence and is liable on conviction on indictment to a fine.
92
Offences by bodies
40
(1)
Subsection (2) applies where an offence under section 90(1) is committed by a
body corporate and it is proved that the offence is committed by, or with the
consent or connivance of, or is attributable to neglect on the part of—
(a)
a director, manager or secretary of the body, or

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Part 2 — Care standards
84

(b)
a person purporting to act in such a capacity.
(2)
The director, manager, secretary or person purporting to act as such (as well as
the body) is guilty of the offence and liable to be proceeded against and
punished accordingly (but section 91(2) does not apply).
(3)
The reference in subsection (2) to a director, manager or secretary of a body
5
corporate includes a reference—
(a)
to any other similar officer of the body, and
(b)
where the body is a local authority, to a member of the authority.
(4)
Proceedings for an offence under section 90(1) alleged to have been committed
by an unincorporated association are to be brought in the name of the
10
association (and not in that of any of the members); and rules of court relating
to the service of documents have effect as if the unincorporated association
were a body corporate.
(5)
In proceedings for an offence under section 90(1) brought against an
unincorporated association, section 33 of the Criminal Justice Act 1925 and
15
Schedule 3 to the Magistrates’ Courts Act 1980 apply as they apply in relation
to a body corporate.
(6)
A fine imposed on an unincorporated association on its conviction for an
offence under section 90(1) is to be paid out of the funds of the association.
(7)
Subsection (8) applies if an offence under section 90(1) is proved—
20
(a)
to have been committed by, or with the consent or connivance of, an
officer of the association or a member of its governing body, or
(b)
to be attributable to neglect on the part of such an officer or member.
(8)
The officer or member (as well as the association) is guilty of the offence and
liable to be proceeded against accordingly (but section 91(2) does not apply).
25
Regulated activities
93
Training for persons working in regulated activity
In section 20 of the Health and Social Care Act 2008 (regulation of regulated
activities), after subsection (4) insert—
“(4A)
Regulations made under this section by virtue of subsection (3)(d) may
30
in particular include provision for a specified person to set the
standards which persons undergoing the training in question must
attain.”

Care Bill [HL]
Part 3 — Health
Chapter 1 — Health Education England
85

Part 3
Health
Chapter 1
Health Education England
Establishment
5
94
Health 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.
10
(3)
The 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. 2012/1273), and
(b)
the Health Education England Regulations (S.I. 2012/1290).
15
(4)
The 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 116.
National functions
95
Planning education and training for health care workers etc.
20
(1)
HEE 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.
30
(2)
Regulations 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
35
provision 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.

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Part 3 — Health
Chapter 1 — Health Education England
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(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)
section 13M (duty on National Health Service Commissioning Board to
5
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
for health care workers.
10
(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)
After section 63(6) of the Health Services and Public Health Act 1968 insert—
15
“(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
(6A) subject to such terms and conditions as the Secretary of State
20
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
Services and Public Health Act 1968 is exercisable concurrently with HEE; but,
25
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.
96
Ensuring sufficient skilled health care workers for the health service
30
(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
performed, or may not be performed, in relation to persons of a specified
35
description.
97
Quality improvement in education and training, etc.
(1)
HEE must exercise its functions with a view to securing continuous
improvement—
(a)
in the quality of education and training provided for health care
40
workers;
(b)
in the quality of health services.
(2)
HEE must, in exercising its functions, promote—

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Part 3 — Health
Chapter 1 — Health Education England
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(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)
the use in those activities of evidence obtained from the research.
5
(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)
HEE must exercise its functions with a view to securing that education and
10
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
2009.
15
98
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
be provided for health care workers.
20
(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)
The Secretary of State—
25
(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
specified in the document, for the planning and delivery of education
30
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
(see section 101) on the exercise of the function under section 105(1).
35
(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
purposes of subsection (4)(a) and (b) are consistent with those specified for the
40
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.

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Part 3 — Health
Chapter 1 — Health Education England
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(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)
HEE may perform the duty under subsection (4) by publishing two or more
5
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)
published by HEE under subsection (4) or (8).
10
99
Sections 96 and 98: matters to which HEE must have regard
(1)
In performing the duty under section 96(1) (ensuring sufficient skilled workers
for the health service) or the duty under section 98(4) (setting objectives,
priorities and outcomes for education and training), HEE must have regard to
the following matters in particular—
15
(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
to work as such,
20
(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)
the objectives of the Secretary of State in exercising public health
25
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 98(1), (2)
or (3),
30
(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
care and support provision, and
35
(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.
100
Advice
(1)
HEE must make arrangements for obtaining advice on the exercise of its
40
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
particular, under the arrangements it makes under subsection (1)—
45
(a)
persons who provide health services;