Health and Social Care Bill

House of Commons

Session 2007 - 08
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Health and Social Care Bill

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2
156

Schedule 10
Section 117

Further amendments relating to Part 2
Provision consequential on section 105(1)
1     (1)
Any reference in any instrument or document to the Council for the
Regulation of Health Care Professionals is to be read, in relation to any time
5
after the commencement of section 105(1), as a reference to the Council for
Healthcare Regulatory Excellence.
      (2)
Any reference in this Act or in any other enactment, instrument or document
to the Council for Healthcare Regulatory Excellence is to be read, in relation
to any time before the commencement of section 105(1), as a reference to the
10
Council for the Regulation of Health Care Professionals.
Public Records Act 1958 (c. 51)
2
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in the table set out in paragraph 3 of that Schedule, for “Council for the
Regulation of Health Care Professionals” substitute “Council for Healthcare
15
Regulatory Excellence”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
3
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies in England and Wales to which Act applies), in paragraph 1 for the
paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act
20
substitute—
“(bca)
the Council for Healthcare Regulatory Excellence”.
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified), for “The Council for the
25
Regulation of Health Care Professionals” substitute “The Council for
Healthcare Regulatory Excellence”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified), for “The Council for
30
the Regulation of Health Care Professionals” substitute “The Council for
Healthcare Regulatory Excellence”.
Race Relations Act 1976 (c. 74)
6
In Part 3 of Schedule 1A to the Race Relations Act 1976 (bodies and other
persons subject to general statutory duty), for “The Council for the
35
Regulation of Health Care Professionals” substitute “The Council for
Healthcare Regulatory Excellence”.

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2
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Dentists Act 1984 (c. 24)
7
In section 36A of the Dentists Act 1984 (professions complementary to
dentistry), in subsection (1)(b), for “the Council for the Regulation of Health
Care Professionals” substitute “the Council for Healthcare Regulatory
Excellence”.
5
Health Act 1999 (c. 8)
8
In section 60 of the 1999 Act (regulation of health care and associated
professions), in subsection (1)(c), for “the Council for the Regulation of
Health Care Professionals” substitute “the Council for Healthcare
Regulatory Excellence”.
10
9
In section 62 of the 1999 Act (regulations and orders), for subsection (4)
substitute—
“(4)
Any power under this Act to make Orders in Council or orders—
(a)
may be exercised either in relation to all cases to which the
power extends, or in relation to all cases subject to specified
15
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 which it is exercised—
(i)
the full provision to which the power extends or any
20
less provision (whether by way of exception or
otherwise),
(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
25
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 specified condition, and
(c)
may, in particular, be exercised so as to make different
30
provision for different areas.
(4A)
Any such power includes power—
(a)
to make such incidental, supplementary, consequential,
saving or transitional provision (including provision
amending, repealing or revoking enactments) as the person
35
exercising the power considers to be expedient, and
(b)
to provide for a person to exercise a discretion in dealing with
any matter.”
10
In Schedule 3 to the 1999 Act (regulation of health care and associated
professions), in paragraph 7(4), for “the Council for the Regulation of Health
40
Care Professionals” substitute “the Council for Healthcare Regulatory
Excellence”.
Freedom of Information Act 2000 (c. 36)
11
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), for “The Council for the Regulation of Health Care
45

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2
158

Professionals” substitute “The Council for Healthcare Regulatory
Excellence”.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
12
For the title to section 25 of the 2002 Act, and for the heading immediately
preceding the section, substitute “The Council for Healthcare Regulatory
5
Excellence”.
13    (1)
Section 25 of the 2002 Act is amended as follows.
      (2)
In subsection (3), for paragraphs (h) and (i) substitute—
“(ga)
the Nursing and Midwifery Council,
(gb)
the Health Professions Council, and”.
10
      (3)
In that subsection, for paragraph (j) substitute—
“(j)
any other regulatory body (within the meaning of Schedule 3
to the 1999 Act) established by an Order in Council under
section 60 of that Act.”
      (4)
In subsection (6), omit “and (3)”.
15
14
For the title to Schedule 7 to the 2002 Act substitute “The Council for
Healthcare Regulatory Excellence”.
Health Act 2006 (c. 28)
15
In section 58 of the Health Act 2006 (which enables the Secretary of State to
arrange for appointment functions of the Secretary of State to be exercised
20
by the Appointments Commission), in subsection (3), for the words from
“chairmen” to the end substitute—
“(a)
chairmen and non-executive members of any of the statutory
bodies listed in Schedule 5, and
(b)
non-executive members of the Council for Healthcare
25
Regulatory Excellence.”
16
In section 60 of the Health Act 2006 (which enables the Privy Council to
arrange for its functions relating to the appointment of regulatory bodies to
be exercised by the Appointments Commission), after subsection (2) insert—
“(3)
The Commission is to exercise so much of any function of the Privy
30
Council relating to the appointment of—
(a)
the chair of the Council for Healthcare Regulatory Excellence,
or
(b)
members of the Office of the Health Professions Adjudicator,

as may be specified in a direction given by the Privy Council.”
35
17
In section 63 of the Health Act 2006 (Appointments Commission to assist
other bodies with appointments), after subsection (6) insert—
“(6A)
The Commission may enter into arrangements under subsection (6B)
with the Office of the Health Professions Adjudicator.
(6B)
Arrangements under this subsection are arrangements providing for
40
the Commission to assist the Office of the Health Professions
Adjudicator in connection with the exercise of its powers relating
to—

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
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(a)
the appointment of executive members of the Office of the
Health Professions Adjudicator, or
(b)
the appointment of persons to lists under section 94 of the
Health and Social Care Act 2008 (lists of persons eligible for
membership of the OHPA’s fitness to practise panels).”
5
18
In Schedule 5 to the Health Act 2006 (Appointments Commission: list of
statutory bodies), omit the entry relating to the Council for the Regulation of
Health Care Professionals.
National Health Service Act 2006 (c. 41)
19
In section 201 of the National Health Service Act 2006 (disclosure of
10
information), in subsection (4)(b), for “Council for the Regulation of Health
Care Professionals” substitute “Council for Healthcare Regulatory
Excellence”.
National Health Service (Wales) Act 2006 (c. 42)
20
In section 149 of the National Health Service (Wales) Act 2006 (disclosure of
15
information), in subsection (4)(b), for “Council for the Regulation of Health
Care Professionals” substitute “Council for Healthcare Regulatory
Excellence”.
Schedule 11
Section 120

Public health protection: further amendments
20
Introductory
1
In this Schedule “the 1984 Act” means the Public Health (Control of Disease)
Act 1984 (c. 22).
Local Government, Planning and Land Act 1980 (c. 65)
2
In section 159 of the Local Government, Planning and Land Act 1980 (public
25
health etc.), in subsection (1), omit paragraph (e) and the word “and”
immediately preceding it.
Public Health (Control of Disease) Act 1984
3     (1)
Section 1 (authorities administering Act) of the 1984 Act is amended as
follows.
30
      (2)
For subsection (1) substitute—
“(1)
In this Act “local authority” means any of the following—
(a)
a district council;
(b)
in England, a county council for an area for which there is no
district council;
35
(c)
in Wales, a county council or county borough council;
(d)
a London borough council;
(e)
the Common Council of the City of London;

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
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(f)
the Sub-Treasurer of the Inner Temple and the Under
Treasurer of the Middle Temple;
(g)
the Council of the Isles of Scilly.”
      (3)
Omit subsections (2) and (4).
4
In section 7 of the 1984 Act (port health district and authority for Port of
5
London), in subsection (4), omit paragraphs (c) and (d).
5
Omit section 9 of the 1984 Act (vessels in inland or coastal waters).
6
In section 48 of the 1984 Act (removal of body to mortuary or for immediate
burial), in subsection (1), for the words from “in any building” to
“neighbouring building” substitute “in any place would endanger the health
10
of any person”.
7
In section 49 of the 1984 Act (regulations as to canal boats), in subsection
(1)—
(a)
at the end of paragraph (a) insert “and”,
(b)
omit paragraph (c) and the word “and” immediately preceding it.
15
8
In section 50 of the 1984 Act (power to enter and inspect canal boats) in
subsection (2)—
(a)
omit paragraph (b) and the word “or” immediately preceding it, and
(b)
omit “or any person on board suffering from an infectious disease”.
9
In section 51 of the 1984 Act (duties of local authorities and port health
20
authorities under Part 4)—
(a)
omit subsection (1), and
(b)
in subsection (2) omit the words “the provisions of this Part of this
Act and”.
10
Omit section 52 of the 1984 Act (prosecution of offences under Part 4).
25
11
Omit sections 54 to 57 of the 1984 Act.
12
In section 58 of the 1984 Act (form of notices and other documents), in
subsection (1) for “local authority” (in each place it occurs) substitute
“relevant health protection authority”.
13
In section 59 of the 1984 Act (authentication of documents)—
30
(a)
for “local authority” (wherever it occurs) substitute “relevant health
protection authority”, and
(b)
in subsection (2) for “byelaws” substitute “regulations”.
14
In section 60 of the 1984 Act (service of notices and other documents) for
“made by this Act” substitute “made by or under this Act”.
35
15
After section 60 of the 1984 Act insert—
“60A
Electronic communications
(1)
The appropriate Minister may by regulations make provision
enabling notices, orders and other documents specified in the
regulations to be given or served by an electronic communication.
40
(2)
Such provision must however secure that the notices, orders and
other documents specified in the regulations may only be so given or
served if—

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(a)
the person to whom they are to be given or on whom they are
to be served has consented in writing to the receipt of notices,
orders and other documents by an electronic communication,
and
(b)
the communication is sent to the number or address specified
5
by that person when giving consent.
(3)
The power to make regulations under this section is exercisable by
statutory instrument.
(4)
An instrument containing any such regulations is subject to
annulment—
10
(a)
in the case of regulations made by the Secretary of State, in
pursuance of a resolution of either House of Parliament,
(b)
in the case of regulations made by the Welsh Ministers, in
pursuance of a resolution of the National Assembly for
Wales.
15
(5)
Sections 58 to 60 are to be read subject to any provision made in
regulations under this section.
(6)
In this section—
“electronic communication” has the same meaning as in the
Electronic Communications Act 2000,
20
“notices, orders and other documents” means notices, orders
and other documents authorised or required by or under this
Act to be given or served, and
“the appropriate Minister” means—
(a)
the Secretary of State, in relation to England;
25
(b)
the Welsh Ministers, in relation to Wales.”
16    (1)
Section 61 of the 1984 Act (power to enter premises) is amended as follows.
      (2)
In subsection (1)—
(a)
for “authorised officer of a local authority” substitute “proper officer
of a relevant health protection authority”,
30
(b)
for paragraph (a) substitute—
“(a)
for the purposes of ascertaining whether there is, or
has been, any contravention of a relevant provision of
this Act, or of an order made by a justice of the peace
under Part 2A of this Act, which it is the function of
35
the relevant health protection authority to enforce,”,
and
(c)
in each of paragraphs (b), (c) and (d)—
(i)
for “or such byelaws” substitute “or in relation to such an
order”, and
40
(ii)
for “local authority” substitute “relevant health protection
authority”.
      (3)
In subsection (2) omit “, other than a factory or workplace,”.
      (4)
After subsection (2) insert—
“(2A)
Subsection (1) does not authorise entry to any part of premises which
45
is used as a private dwelling (but this does not affect the power of a
justice of the peace under subsection (3) to issue a warrant

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
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authorising entry to a private dwelling or to any part of premises
used as a private dwelling).”
      (5)
In subsection (3), for “the local authority by any authorised officer”
substitute “the relevant health protection authority by any proper officer”.
17    (1)
Section 62 of the 1984 Act (supplementary provisions as to entry) is amended
5
as follows.
      (2)
In subsection (1)—
(a)
for “An authorised officer” substitute “A proper officer (“the
officer”)”, and
(b)
after “other persons” insert “and such equipment and materials”.
10
      (3)
After subsection (1) insert—
“(1A)
The officer may for the purpose for which entry is authorised—
(a)
search the premises,
(b)
carry out measurements and tests of the premises or of
anything found on them,
15
(c)
take and retain samples of the premises or of anything found
on them,
(d)
inspect and take copies or extracts of any documents or
records found on the premises,
(e)
require information stored in an electronic form and
20
accessible from the premises to be produced in a form in
which it can be taken away and in which it is visible and
legible or from which it can readily be produced in a visible
and legible form, and
(f)
seize and detain or remove anything which the officer
25
reasonably believes to be evidence of any contravention
relevant to the purpose for which entry is authorised.”
      (4)
Omit subsection (3).
      (5)
For subsection (4) substitute—
“(4)
Nothing in section 61 or this section limits the provisions of Parts 2A
30
and 4, and of regulations made under Part 2A, with respect to entry
into or upon, and inspection of, any premises.”
18
For section 63 of the 1984 Act substitute—
“63
Offence of wilful obstruction
(1)
A person commits an offence if the person wilfully obstructs any
35
person acting in the execution of a provision of Part 3 or 4 or this Part,
or of any regulations, order or warrant made or issued under such a
provision.
(2)
A person guilty of an offence under subsection (1) is liable on
summary conviction—
40
(a)
in the case of an offence of wilfully obstructing a person in the
execution of a provision of Part 4 or of any regulations made
under a provision of that Part, to a fine not exceeding level 1
on the standard scale, and
(b)
in any other case, to a fine not exceeding £20,000.”
45