Health and Social Care Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 6 — General
100

(a)
a function of the Agency under section 2A, or
(b)
a function of the Agency under section 2(1), (2)(a) or (b), (3), (4)
or (10) that is a function in relation to a matter specified in
section 2A(2).”
(5)
In section 8 (power to make transfer schemes)—
5
(a)
after subsection (4) insert—
“(4A)
The Secretary of State and the Department of Health, Social
Services and Public Safety in Northern Ireland, acting jointly,
may make a scheme for the transfer of property, rights and
liabilities of the National Biological Standards Board to the
10
Agency.”, and
(b)
in subsection (7), after “section 2” insert “, 2A”.
(6)
In section 9 (directions)—
(a)
in subsection (2) (certain directions to be given in regulations made by
statutory instrument), after “section 2(2), (3) or (4)” insert “or 2A(1),”;
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and
(b)
in subsection (3) (certain statutory instruments making regulations
giving directions to be subject to annulment), after “section 2(2)(a) or
(3)” insert “or 2A(1)”.
Further amendments
20
148
Minor and consequential amendments relating to Part 5
Schedule 14 (which contains further amendments related to the provisions of
this Part) has effect.
Part 6
General
25
149
Orders, regulations and directions: general provisions
(1)
Orders and regulations made under this Act by the Secretary of State, the
Treasury, the Privy Council or the Welsh Ministers are to be made by statutory
instrument.
(2)
Regulations made by the Department of Health, Social Services and Public
30
Safety in Northern Ireland under section 111 and orders made by that
Department under section 158(2) are to be made by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573
(N.I. 12)).
(3)
Any power to make orders or regulations mentioned in subsection (1) or (2)
35
and any power of the Secretary of State to give directions under this Act—
(a)
may be exercised either in relation to all cases to which the power
extends, or in relation to all cases subject to specified exceptions, or in
relation to any specified cases or classes of case,
(b)
may be exercised so as to make, as respects the cases in relation to
40
which it is exercised—
(i)
the full provision to which the power extends or any less
provision (whether by way of exception or otherwise),

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(ii)
the same provision for all cases in relation to which the power
is exercised, or different provision for different cases or
different classes of case, or different provision as respects the
same case or class of case for different purposes of this Act,
(iii)
any such provision either unconditionally or subject to any
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specified condition, and
(c)
may, in particular, be exercised so as to make different provision for
different areas.
(4)
Any such power includes power—
(a)
to make such supplementary, incidental, consequential or transitional
10
provision or savings as the person exercising the power considers to be
appropriate, and
(b)
to provide for a person to exercise a discretion in dealing with any
matter.
150
Orders and regulations: Parliamentary control
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(1)
Subject to subsection (2), a statutory instrument containing—
(a)
an order or regulations made by the Secretary of State under this Act,
(b)
an order made by the Privy Council under section 102 (rules of Office
of the Health Professions Adjudicator), or
(c)
regulations made by the Privy Council under Schedule 6 (Office of the
20
Health Professions Adjudicator),

is subject to annulment in pursuance of a resolution of either House of
Parliament.
(2)
Subsection (1) does not apply to—
(a)
a statutory instrument to which subsection (3) applies, or
25
(b)
a statutory instrument containing an order made only under section
158(2) (commencement).
(3)
The Secretary of State may not make a statutory instrument containing
(whether alone or with other provision)—
(a)
regulations under section 4(1) (regulated activities),
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(b)
regulations under section 39 (power to modify Chapter 2 of Part 1 in
relation to newly regulated activities),
(c)
regulations under section 114 (regulation of social care workers) or
section 116 (education and training of approved mental health
professionals), or
35
(d)
an order under section 155 which amends or repeals any provision of
an Act of Parliament,

unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
151
Orders and regulations: control by National Assembly for Wales
40
(1)
Subject to subsection (2), a statutory instrument containing—
(a)
regulations made under this Act by the Welsh Ministers, or
(b)
an order under section 155(2) (transitional provision etc.) made by the
Welsh Ministers,

is subject to annulment in pursuance of a resolution of the National Assembly
45
for Wales.

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(2)
Subsection (1) does not apply to a statutory instrument to which subsection (3)
applies.
(3)
The Welsh Ministers may not make a statutory instrument containing (whether
alone or with other provision) regulations under section 114 (regulation of
social care workers) or section 116 (education and training of approved mental
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health professionals) unless a draft of the instrument has been laid before, and
approved by a resolution of, the National Assembly for Wales.
152
Regulations: control by Northern Ireland Assembly
A statutory rule containing regulations made by the Department of Health,
Social Services and Public Safety in Northern Ireland under section 111
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(responsible officers) is subject to negative resolution within the meaning of
section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
153
Directions
(1)
Any power of the Secretary of State or the Privy Council to give directions
under this Act includes power to vary or revoke the directions by subsequent
15
directions.
(2)
A direction under this Act by the Secretary of State or the Privy Council must
be given by an instrument in writing.
154
Repeals
The enactments mentioned in Schedule 15 are repealed to the extent specified.
20
155
Power to make transitional and consequential provision etc.
(1)
The Secretary of State may by order make—
(a)
such transitional or transitory provisions or savings as the Secretary of
State considers appropriate in connection with the coming into force of
any provision of this Act in relation to which the Secretary of State is the
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appropriate authority for the purposes of section 158(2), and
(b)
such supplementary, incidental or consequential provision as the
Secretary of State considers appropriate for the purposes of, in
consequence of, or for giving full effect to, any provision of this Act.
(2)
The Welsh Ministers may by order make such transitional or transitory
30
provisions or savings as the Welsh Ministers consider appropriate in
connection with the coming into force of any provision of this Act in relation to
which the Welsh Ministers are the appropriate authority for the purposes of
section 158(2).
(3)
An order under this section may amend, repeal, revoke or otherwise modify
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any enactment.
(4)
An order under this section may, in particular, provide for any provision of
this Act which comes into force before another such provision has come into
force to have effect, until that other provision has come into force, with such
modifications as are specified in the order.
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(5)
Before making an order under this section containing provision which would,
if included in an Act of the Scottish Parliament, fall within the legislative

Health and Social Care Bill
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competence of that Parliament, the Secretary of State must consult the Scottish
Ministers.
(6)
The power under this section is not restricted by any other provision of this
Act.
(7)
In this section “enactment” means an enactment contained in, or in an
5
instrument made under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
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156
Financial provisions
(1)
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by virtue of this Act by a Minister of the Crown or
government department, and
(b)
any increase attributable to this Act in the sums payable under any other Act
15
out of money so provided.
(2)
There are to be paid into the Consolidated Fund sums received by a Minister of the
Crown or government department by virtue of this Act.
157
Extent
(1)
Subject to the following provisions of this section, this Act extends to England
20
and Wales only.
(2)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
(a)
section 67 (arrangements between Care Quality Commission and
Ministers),
25
(b)
section 90 (general interpretation of Part 1),
(c)
sections 91 to 110, 117 and 118 and Schedules 6, 7, 8 and 10 (regulation
of the health professions),
(d)
sections 127 and 128 (health in pregnancy grant),
(e)
section 147 (functions of Health Protection Agency in relation to
30
biological substances), and
(f)
sections 149, 150, 153, 155, 156, this section and sections 158 to 161
(general provisions).
(3)
The following provisions extend to England and Wales and Scotland only—
(a)
sections 121 to 123 (health in pregnancy grant: Great Britain),
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(b)
the repeal effected by this Act in section 16(2)(a)(v) of the Maintenance
Orders Act 1950 (c. 37), and
(c)
section 135(6), and Schedule 13, so far as relating to that repeal.
(4)
The following provisions extend to England and Wales and Northern Ireland
only—
40
(a)
section 68 (arrangements between Care Quality Commission and
Northern Ireland Ministers), and

Health and Social Care Bill
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(b)
section 111 (additional responsibilities of responsible officers: England
and Wales and Northern Ireland) and section 113 (Crown application)
so far as relating to that section.
(5)
The following provisions extend to Northern Ireland only—
(a)
sections 124 to 126 (health in pregnancy grant: Northern Ireland), and
5
(b)
section 152 (regulations: control by Northern Ireland Assembly).
(6)
The amendment, repeal or revocation by this Act of any enactment has the
same extent as the enactment amended, revoked or repealed, but subject to
subsection (7).
(7)
Subsection (6) does not apply to the repeals in Part 5 of Schedule 15; and
10
accordingly those repeals, apart from the repeal mentioned in subsection
(3)(b), extend to England and Wales only.
158
Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
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(a)
the provisions of this Part, except section 154 and Schedule 15 (repeals),
and
(b)
any other provision of this Act—
(i)
so far as is necessary for enabling the exercise on or after the day
on which this Act is passed of any power to make orders or
20
regulations that is conferred by the provision or by any
amendment made by the provision, or
(ii)
so far as the provision, or any amendment made by the
provision, defines any expression relevant to the exercise of any
such power.
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(2)
Except as provided by subsection (1), the provisions of this Act come into force
on such day as the appropriate authority (as determined by section 159) may
by order appoint.
(3)
Different days may be appointed under subsection (2) for different purposes.
159
The appropriate authority by whom commencement order is made
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(1)
This section has effect to determine who is the appropriate authority for the
purposes of section 158(2).
(2)
Except as provided by subsections (3) to (5), the appropriate authority is the
Secretary of State.
(3)
In relation to sections 110, 111 and 113 (responsible officers), so far as they
35
relate to Northern Ireland, the appropriate authority is the Department of
Health, Social Services and Public Safety in Northern Ireland.
(4)
In relation to the following provisions—
(a)
Part 3 (public health protection), including Schedule 11, and Part 3 of
Schedule 15 so far as they relate to Wales (and section 154 so far as it
40
relates to that Part of Schedule 15 in its application to Wales),
(b)
section 130 (pharmaceutical services), so far as relating to Part 2 of
Schedule 12, together with that Part of that Schedule and the repeals in

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the National Health Service (Wales) Act 2006 (c. 42) in Part 4 of
Schedule 15 (and section 154 so far as relating to those repeals),
(c)
section 133 (weighing and measuring of children: Wales),
(d)
subsections (1) to (7) of section 134 (direct payments in lieu of provision
of care services), so far as they relate to Wales,
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(e)
subsection (8) of that section,
(f)
section 135 (abolition of maintenance liability of relatives), Schedule 13
and Part 5 of Schedule 15, so far as they relate to local authorities in
Wales (and section 154 so far as relating to Part 5 of Schedule 15 in its
application to local authorities in Wales), and
10
(g)
section 136 (ordinary residence for certain purposes of National
Assistance Act 1948 (c. 29) etc.), so far as relating to Wales,

the appropriate authority is the Welsh Ministers.
(5)
In relation to Part 4 (health in pregnancy grant), the appropriate authority is
the Treasury.
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160
Consultation in relation to commencement
(1)
Before making a commencement order relating to—
(a)
section 103 and Schedule 8 (extension of powers under section 60 of the
Health Act 1999 (c. 8)) so far as relating to—
(i)
subsection (2A) of section 60 of the Health Act 1999,
20
(ii)
the repeal of paragraph 7(3) of Schedule 3 to that Act,
(iii)
the amendments of paragraphs 8 and 9 of Schedule 3 to that Act,
so far as relating to a profession that is not a reserved profession
for Scotland, or
(iv)
the meaning of “enactment” for the purposes of Schedule 3 to
25
that Act,
(b)
section 104 (standard of proof in fitness to practise proceedings) so far
as relating to a profession that is not a reserved profession for Scotland,
or
(c)
section 107 (powers of Secretary of State and devolved
30
administrations), so far as relating to the functions of the Scottish
Ministers,

the Secretary of State must consult the Scottish Ministers.
(2)
For the purposes of subsection (1)(a)(iii) and (b), a profession is a reserved
profession for Scotland if it falls within Section G2 (health professions) of Part
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2 of Schedule 5 to the Scotland Act 1998 (c. 46).
(3)
Before making a commencement order relating to section 136 (ordinary
residence for certain purposes of National Assistance Act 1948 etc.) in relation
to England, the Secretary of State must consult the Welsh Ministers; and, before
making a commencement order relating to that section in relation to Wales, the
40
Welsh Ministers must consult the Secretary of State.
(4)
Before making a commencement order relating to—
(a)
section 147 (functions of Health Protection Agency in relation to
biological substances), or
(b)
Part 7 of Schedule 15 (or section 154 so far as relating to that Part of that
45
Schedule),

Health and Social Care Bill
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the Secretary of State must consult the Department of Health, Social Services
and Public Safety in Northern Ireland.
(5)
In this section “commencement order” means an order under section 158(2).
161
Short title
This Act may be cited as the Health and Social Care Act 2008.
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