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
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
128

Copyright, Designs and Patents Act 1988 (c. 48)
49
In section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown”
includes certain bodies with health-related functions), for “the Commission
for Healthcare Audit and Inspection, the Commission for Social Care
Inspection” substitute “the Care Quality Commission”.
5
Road Traffic Act 1988 (c. 52)
50
In section 144 of the Road Traffic Act 1988 (exceptions from requirement of
third-party insurance or security), in subsection (2)—
(a)
in paragraph (da) for the words from “, by a Local Health Board” to
“Inspection” substitute “or by a Local Health Board established
10
under section 11 of the National Health Service (Wales) Act 2006”,
and
(b)
in paragraph (g) for “the Commission for Social Care Inspection”
substitute “the Care Quality Commission”.
Vehicle Excise and Registration Act 1994 (c. 22)
15
51
In paragraph 7 of Schedule 2 to the Vehicle Excise and Registration Act 1994
(exempt health service vehicles)—
(a)
omit paragraph (c) (together with the word “or” at the end of it), and
(b)
for paragraph (f) substitute—
“(f)
the Care Quality Commission.”.
20
Police Act 1996 (c. 16)
52    (1)
Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s
Inspectors of Constabulary) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
25
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 3(2), for paragraph (d) substitute—
“(d)
the Care Quality Commission;”.
      (4)
In paragraph 4—
30
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
Crown Prosecution Service Inspectorate Act 2000 (c. 10)
53    (1)
The Schedule to the Crown Prosecution Service Inspectorate Act 2000
35
(further provision about Her Majesty’s Chief Inspector of the Crown
Prosecution Service) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
40
“(g)
the Care Quality Commission,”.

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
129

      (3)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
Criminal Justice and Court Services Act 2000 (c. 43)
5
54    (1)
Schedule 1A to the Criminal Justice and Court Services Act 2000 (further
provision about the Inspectorate) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
10
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 3(2)—
(a)
omit paragraph (c), and
(b)
for paragraph (d) substitute—
“(d)
the Care Quality Commission;”.
15
      (4)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
Courts Act 2003 (c. 39)
20
55    (1)
Schedule 3A to the Courts Act 2003 (further provision about the Inspectors
of Court Administration) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
25
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
30
Education and Inspections Act 2006 (c. 40)
56    (1)
Paragraph 1 of Schedule 13 to the Education and Inspections Act 2006
(interaction with other authorities) is amended as follows.
      (2)
In sub-paragraph (2)—
(a)
omit paragraph (f), and
35
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission, and”.
      (3)
In sub-paragraph (3)(f), for “(2)(f) to (h)” substitute “(2)(g) and (h)”.

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
130

NHS Redress Act 2006 (c. 44)
57
In section 5 of the NHS Redress Act 2006 (duty to consider potential
application of scheme), in subsection (2), for paragraph (b) substitute—
“(b)
the Care Quality Commission.”.
58
In section 13 of the NHS Redress Act 2006 (duties of co-operation), in
5
subsection (1), for “the Commission for Healthcare Audit and Inspection”
substitute “the Care Quality Commission”.
Schedule 6
Section 91

The Office of the Health Professions Adjudicator
Interpretation
10
1
In this Schedule “the relevant Northern Ireland department” means the
Department of Health, Social Services and Public Safety in Northern Ireland.
Status
2     (1)
The OHPA is not to be regarded as the servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.
15
      (2)
The OHPA’s property is not to be regarded as property of, or property held
on behalf of, the Crown.
General powers
3     (1)
The OHPA may do anything which appears to it to be necessary or
expedient for the purposes of, or in connection with, the exercise of its
20
functions.
      (2)
This includes, in particular, the power to—
(a)
acquire and dispose of land and other property, and
(b)
enter into contracts.
Membership
25
4
The OHPA is to consist of the following members—
(a)
a chair appointed by the Privy Council,
(b)
non-executive members appointed by the Privy Council, and
(c)
executive members appointed in accordance with paragraph 8.
5
No person may be appointed as a member unless the person satisfies such
30
requirements as may be prescribed in regulations made by the Privy
Council.
6
A person may be appointed as the chair only if the person (as well as
satisfying any requirements prescribed under paragraph 5)—
(a)
has a 10 year general qualification within the meaning of section 71
35
of the Courts and Legal Services Act 1990 (c. 41),
(b)
is an advocate or solicitor in Scotland of at least 10 years’ standing, or

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
131

(c)
is a member of the Bar of Northern Ireland, or a solicitor of the Court
of Judicature of Northern Ireland, of at least 10 years’ standing.
7     (1)
The Privy Council must by regulations make provision about the number of
non-executive and executive members.
      (2)
The regulations must provide for there to be—
5
(a)
at least one but no more than three non-executive members, and
(b)
at least one but no more than three executive members.
      (3)
The regulations may not provide for the number of executive members to be
greater than the number of non-executive members.
8     (1)
The first executive members are to be appointed by the Privy Council.
10
      (2)
Subsequent appointments of executive members are to be made by the
OHPA.
      (3)
The executive members must be employees of the OHPA.
      (4)
Sub-paragraph (3) is to be taken to be complied with in relation to the first
executive members appointed under sub-paragraph (1) if they are employed
15
by the OHPA as soon as practicable after being appointed.
9
Each of the members mentioned in paragraph 4(a) to (c)—
(a)
holds and vacates office in accordance with the terms of the
member’s appointment, and
(b)
may be removed from office by the Privy Council on the grounds of
20
incapacity or misbehaviour.
10    (1)
Subject to sub-paragraph (2), the terms of a member’s appointment are to be
determined by the person making the appointment.
      (2)
The terms of appointment of an executive member appointed by the OHPA
are to be determined by the Privy Council in so far as the terms relate to
25
tenure of office or suspension from office.
Procedure
11
The OHPA may regulate its own procedure.
12
The validity of proceedings of the OHPA is not affected—
(a)
by any vacancy in its membership,
30
(b)
by any defect in the appointment of a member, or
(c)
by any person—
(i)
acting as a member even though ineligible for appointment
when purportedly appointed, or
(ii)
acting as a member after having ceased to be a member.
35
Members’ interests
13    (1)
The OHPA must establish and maintain a system for the declaration and
registration of private interests of its members.
      (2)
The OHPA must publish entries recorded in the register of members’
interests.
40

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
132

Remuneration and allowances
14    (1)
The OHPA must pay to its chair, or to any other member, such remuneration
and allowances as the Secretary of State may determine.
      (2)
If the Secretary of State so determines, the OHPA must pay or make
provision for the payment of such pension, allowances or gratuities as the
5
Secretary of State may determine to or in respect of a person who is or has
been the chair or any other member of the OHPA.
      (3)
If the Secretary of State determines that there are special circumstances that
make it right for a person ceasing to hold office as chair of the OHPA to
receive compensation, the OHPA must—
10
(a)
pay to that person, or
(b)
make provision for the payment to that person of,

such compensation as the Secretary of State may determine.
Amendment of Superannuation Act 1972 (c. 11)
15
In Schedule 1 to the Superannuation Act 1972 (kinds of employment in
15
relation to which pension schemes may be made), at the appropriate place
in the list of “Other Bodies” insert the following entry—
“The Office of the Health Professions Adjudicator.”
16
The OHPA must pay to the Minister for the Civil Service, at such times as
the Minister may direct, such sums as the Minister may determine in respect
20
of any increase attributable to paragraph 15 in the sums payable out of
money provided by Parliament under the Superannuation Act 1972.
Employees
17    (1)
The OHPA may appoint such employees (in addition to the executive
members) as it considers appropriate on such terms and conditions as it may
25
determine.
      (2)
Without prejudice to its other powers, the OHPA may pay, or make
provision for the payment of—
(a)
pensions, allowances and gratuities, or
(b)
compensation for loss of employment or reduction of remuneration,
30

to or in respect of its employees.
Payments and loans to the OHPA
18    (1)
The Secretary of State may make payments to the OHPA of such amounts, at such
times and on such conditions (if any) as the Secretary of State considers appropriate.
      (2)
The relevant Northern Ireland department may make payments to the
35
OHPA of such amounts, at such times and on such conditions (if any) as it
considers appropriate.
      (3)
The Secretary of State may make loans to the OHPA on such terms (including terms
as to repayment and interest) as the Secretary of State may determine.
      (4)
The approval of the Treasury is required as to the amount and terms of any
40
loan under sub-paragraph (3).

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
133

      (5)
The relevant Northern Ireland department may make loans to the OHPA on
such terms (including terms as to repayment and interest) as it may
determine.
      (6)
The approval of the Department of Finance and Personnel in Northern
Ireland is required as to the amount and terms of any loan under sub-
5
paragraph (5).
      (7)
Except as provided by sub-paragraphs (3) and (5), the OHPA has no power
to borrow money.
      (8)
The Secretary of State may give directions to the OHPA as to the application
of any sums received by it under sub-paragraph (1) or (3).
10
      (9)
The relevant Northern Ireland department may give directions to the OHPA
as to the application of any sums received by it under sub-paragraph (2) or
(5).
     (10)
The OHPA must comply with any directions under sub-paragraph (8) or (9).
Accounts
15
19    (1)
The OHPA must keep accounts in such form as the Secretary of State may
determine.
      (2)
The OHPA must prepare annual accounts in respect of each financial year in
such form as the Secretary of State may determine.
      (3)
The OHPA must send copies of the annual accounts to—
20
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts
relate as the Secretary of State may determine.
      (4)
Within that period the OHPA must also send copies of the annual accounts
25
to the relevant Northern Ireland department.
      (5)
The Comptroller and Auditor General must examine, certify and report on
the annual accounts and must lay copies of the accounts, and of the report
on them, before Parliament.
      (6)
A copy of the accounts must be laid before the Northern Ireland Assembly
30
by the relevant Northern Ireland department.
      (7)
In this paragraph and paragraph 20, “financial year” means—
(a)
the period beginning with the day on which the OHPA is established
and ending with the next 31 March following that day, and
(b)
each successive period of 12 months ending with 31 March.
35
Reports
20    (1)
The OHPA must prepare a report on the exercise of its functions during each
financial year.
      (2)
As soon as possible after the end of the financial year the OHPA must send
copies of the report to—
40
(a)
the Secretary of State, and
(b)
the relevant Northern Ireland department.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
134

      (3)
A copy of the report must be laid—
(a)
before Parliament, by the Secretary of State, and
(b)
before the Northern Ireland Assembly, by the relevant Northern
Ireland department.
      (4)
The Privy Council may give directions to the OHPA as to the matters to be
5
dealt with in the report.
Schedule 7
Section 92

Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1
Amendments of Medical Act 1983
10
1
In this Part of this Schedule “the 1983 Act” means the Medical Act 1983
(c. 54).
2     (1)
Section 1 of the 1983 Act (the General Medical Council) is amended as
follows.
      (2)
In subsection (3) omit paragraphs (b) and (f).
15
      (3)
In subsection (3A) for “(a) to (f)” substitute “(a), (c), (d) and (e)”.
3
In section 29C of the 1983 Act (referral to the Investigation Committee), in
subsection (2)(b), for “a Fitness to Practise Panel, by such a Panel” substitute
“the Adjudicator, by the Adjudicator”.
4
After section 35 of the 1983 Act insert—
20
“35ZA
Fitness to practise findings: guidance
(1)
The General Council may publish guidance about factors which they
consider to indicate that—
(a)
a person (“D”) whose fitness to practise is found to be
impaired should or should not have—
25
(i)
D’s name erased from the register;
(ii)
D’s registration suspended;
(iii)
D’s registration suspended forthwith in accordance
with section 38;
(iv)
D’s registration made conditional;
30
(v)
D’s registration made conditional forthwith in
accordance with section 38;
(b)
a person whose fitness to practise is found not to be impaired
should or should not be given a warning regarding the
person’s future conduct or performance;
35
(c)
a person whose name has been erased from the register
should or should not have the person’s name restored to the
register.
(2)
The General Council may also publish guidance about factors which
they consider to indicate—
40