Care Bill [HL]

House of Lords

Session 2013 - 14
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Other Bills before Parliament

Care Bill [HL]

Care Bill [HL]
Part 3 — Health
Chapter 1 — Health Education England
89

(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)
persons who provide, or contribute to the provision of, education and
5
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)
HEE must advise the Secretary of State on such matters relating to its functions
10
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.
Local functions
15
101
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)
The main function of an LETB is to exercise on HEE’s behalf its functions under
20
sections 95(1) and 96(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
the persons who provide health services in the area for which the LETB is
25
appointed.
(4)
Subsections (1), (2) and (4) of section 97 (quality improvement in education and
training etc.) apply to an LETB in the exercise of its functions as they apply to
HEE in the exercise of its functions.
(5)
An LETB may co-operate with another LETB in the exercise of functions; and
30
two or more LETBs may exercise functions jointly.
(6)
HEE may attend any meeting held by an LETB about a matter of concern to
HEE.
102
LETBs: appointment etc.
(1)
Where, on an application under this section, HEE is satisfied that the applicants
35
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
considers 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
40
the applicants as the members of an LETB for such area and subject to such
conditions as HEE considers appropriate.

Care Bill [HL]
Part 3 — Health
Chapter 1 — Health Education England
90

(3)
The members of an LETB must include—
(a)
persons who provide health services in the area for which the LETB is
appointed,
(b)
persons who have clinical expertise of a description specified in
regulations, and
5
(c)
a person who will represent the interests of patients.
(4)
Regulations under paragraph (b) of subsection (3) may require a specified
number of members to have the expertise mentioned in that paragraph.
(5)
The following persons are also eligible to be appointed as members of an
LETB—
10
(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)
persons of such other description as HEE may decide.
(6)
A member of HEE is not eligible for membership of an LETB.
15
(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)
If HEE is unable (for reasons beyond its control) to comply with any
requirement imposed by this section or regulations under this section to
20
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
not appoint as chair a person who—
(a)
provides health services in the area for which the LETB is appointed, or
25
(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)
HEE must notify applicants under subsection (1) or (2) of the decision on the
application and—
30
(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)
HEE, having complied with subsection (10), must publish—
(a)
the decision, and
35
(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
otherwise than for the purposes of the LETB.
(13)
Regulations may make further provision about—
40
(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)
Schedule 6 (which includes provision about the area of an LETB, the
appointment criteria and the exercise of an LETB’s functions) has effect.
45

Care Bill [HL]
Part 3 — Health
Chapter 1 — Health Education England
91

103
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)
co-operates with the LETB for each area in which it provides such
5
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)
complies with such other obligations relating to education and training
10
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
providing health services co-operate with the Secretary of State in the
15
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)
A reference to a commissioner of health services is a reference to—
20
(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.
104
Education and training plans
(1)
An LETB must publish for each financial year a document (called an
25
“education and training plan”) specifying how it proposes to exercise its main
function (see section 101(2)).
(2)
The education and training plan of an LETB must specify how the LETB
proposes to—
(a)
achieve the objectives and reflect the priorities set by the Secretary of
30
State for the purposes of section 98(1),
(b)
achieve the objectives and reflect the priorities set by HEE for the
purposes of section 98(4)(a),
(c)
achieve the outcomes set by the Secretary of State for the purposes of
section 98(2), and
35
(d)
achieve the outcomes set by HEE for the purposes of section 98(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
services and of education and training for health care workers or
40
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
under section 116 of the Local Government and Public Involvement in
45
Health Act 2007,

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Part 3 — Health
Chapter 1 — Health Education England
92

(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)
In preparing its education and training plan, an LETB must involve—
5
(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)
such other persons as the LETB considers appropriate.
10
(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
concerned to amend the education and training plan (or the amended
15
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
outcomes set by HEE for the purposes of section 98(4)(b).
20
(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)
what to include in their education and training plans;
25
(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.
105
Commissioning education and training
30
(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)
may arrange for the provision of that education and training
35
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)
HEE must for each financial year allocate to each LETB the amount that HEE
40
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 106(9) (requirement to make payments by reference to an
approved tariff price or a price varied under a specified procedure).

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Part 3 — Health
Chapter 1 — Health Education England
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(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)
Each LETB—
5
(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)
An LETB must produce such reports on the exercise of the function under
10
subsection (1) (including on the quality of the education and training the
provision of which it arranges) as HEE may require.
Tariffs
106
Tariffs
(1)
The Secretary of State may specify a tariff setting approved prices in respect of
15
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)
If a tariff is specified under subsection (1), the Secretary of State may also
20
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)
must require a price as varied under the procedure to be published.
25
(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)
If it is revoked, the Secretary of State must publish a statement to that effect.
30
(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)
where the approved price has been varied in accordance with a
35
variation procedure that has effect in relation to it, by reference to the
price as varied.

Care Bill [HL]
Part 3 — Health
Chapter 2 — Health Research Authority
94

Chapter 2
Health Research Authority
Establishment
107
The Health Research Authority
(1)
There is to be a body corporate called the Health Research Authority (referred
5
to in this Act as “the HRA”).
(2)
Schedule 7 (which includes provision about the HRA’s constitution, the
exercise of its functions and its financial and reporting duties) has effect.
(3)
The Special Health Authority called the Health Research Authority is
abolished; and, in consequence of that, the following are revoked—
10
(a)
the Health Research Authority (Establishment and Constitution) Order
2011 (S.I. 2011/2323), and
(b)
the Health Research Authority Regulations 2011 (S.I. 2011/2341).
(4)
The Secretary of State may by order provide for the transfer of property, rights
and liabilities from that Special Health Authority to the HRA; for further
15
provision about an order under this section, see section 116.
General functions
108
The HRA’s functions
(1)
The main functions of the HRA are—
(a)
functions relating to the co-ordination and standardisation of practice
20
relating to the regulation of health and social care research (see section
109);
(b)
functions relating to research ethics committees (see sections 110 to
113);
(c)
functions as a member of the United Kingdom Ethics Committee
25
Authority (see section 114 and the Medicines for Human Use (Clinical
Trials) Regulations 2004 (S.I. 2004/1031));
(d)
functions relating to approvals for processing confidential information
relating to patients (see section 115 and the Health Service (Control of
Patient Information) Regulations 2002 (S.I. 2002/1438)).
30
(2)
The main objective of the HRA in exercising its functions is—
(a)
to protect participants and potential participants in health or social care
research and the general public by encouraging research that is safe and
ethical, and
(b)
to promote the interests of those participants and potential participants
35
and the general public by facilitating the conduct of research that is safe
and ethical (including by promoting transparency in research).
(3)
Health research is research into matters relating to people’s physical or mental
health; but a reference to health research does not include a reference to
anything authorised under the Animals (Scientific Procedures) Act 1986.
40

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Part 3 — Health
Chapter 2 — Health Research Authority
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(4)
Social care research is research into matters relating to personal care or other
practical assistance for individuals in need of care or assistance because of age,
physical or mental illness, disability, pregnancy, childbirth, dependence on
alcohol or drugs or other similar circumstances; and “illness” has the meaning
given by section 275(1) of the National Health Service Act 2006.
5
(5)
A reference to health or social care research does not include a reference to
research into matters which are within the legislative competence of a
devolved legislature.
(6)
A reference to research that is ethical is a reference to research that conforms to
generally accepted ethical standards.
10
(7)
Promoting transparency in research includes promoting—
(a)
the registration of research;
(b)
the publication and dissemination of research findings and
conclusions;
(c)
the provision of access to data on which research findings or
15
conclusions are based;
(d)
the provision of information at the end of research to participants in the
research;
(e)
the provision of access to tissue used in research, for use in future
research.
20
(8)
The Secretary of State may by order amend subsection (1) in consequence of—
(a)
functions being given to the HRA,
(b)
functions being taken away from the HRA, or
(c)
changes to the description of functions that the HRA has for the time
being.
25
Regulatory practice
109
Co-ordinating and promoting regulatory practice etc.
(1)
The HRA and each of the following must co-operate with each other in the
exercise of their respective functions relating to health or social care research,
with a view to co-ordinating and standardising practice relating to the
30
regulation of such research—
(a)
the Secretary of State;
(b)
the licensing authority for the purposes of the Medicines Act 1968;
(c)
the Health and Social Care Information Centre;
(d)
the Chief Medical Officer of the Department of Health;
35
(e)
the Human Fertilisation and Embryology Authority;
(f)
the Human Tissue Authority;
(g)
the Care Quality Commission;
(h)
the Administration of Radioactive Substances Advisory Committee;
(i)
such person, or a person of such description, as regulations may
40
specify.
(2)
In performing the duty under subsection (1), a person must have regard to the
need—