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 2 — Regulation of health professions and health and social care workforce
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(a)
notify the OHPA of the modifications they propose to make, and
(b)
consider any observations which the OHPA may make on the
modifications.
Amendments of Part 3 of Health Act 1999
103
Extension of powers under s. 60 of Health Act 1999
5
Schedule 8 (which contains amendments of section 60 of, and Schedule 3 to, the
1999 Act) has effect.
104
Standard of proof in fitness to practise proceedings
After section 60 of the 1999 Act insert—
“60A
Standard of proof in fitness to practise proceedings
10
(1)
The standard of proof applicable to any proceedings to which this
subsection applies is that applicable to civil proceedings.
(2)
Subsection (1) applies to any proceedings before—
(a)
the Office of the Health Professions Adjudicator, or
(b)
a committee of a regulatory body, a regulatory body itself or
15
any officer of a regulatory body,

which relate to a person’s fitness to practise a profession to which
section 60(2) applies.
(3)
In subsection (2) “regulatory body” means the body (or main body)
responsible for the regulation of a profession to which section 60(2)
20
applies.
(4)
An Order in Council under section 60 may not—
(a)
amend this section, or
(b)
make any provision that is inconsistent with subsection (1).”
The Council for Healthcare Regulatory Excellence
25
105
The Council for Healthcare Regulatory Excellence
(1)
The Council for the Regulation of Health Care Professionals is to be known
instead as the Council for Healthcare Regulatory Excellence.
(2)
Accordingly, in section 25 of the 2002 Act (which establishes the Council), in
subsection (1), for “the Council for the Regulation of Health Care
30
Professionals” substitute “the Council for Healthcare Regulatory Excellence”.
(3)
After subsection (2) of that section insert—
“(2A)
The main objective of the Council in exercising its functions under
subsection (2)(b) to (d) is to promote the health, safety and well-being
of patients and other members of the public.”
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Health and Social Care Bill
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106
Constitution etc. of Council
(1)
Schedule 7 to the 2002 Act (which contains provisions relating to the Council)
is amended as follows.
(2)
For paragraph 4 substitute—
“4
The Council is to consist of—
5
(a)
a chair appointed by the Privy Council,
(b)
one non-executive member appointed by the Scottish
Ministers,
(c)
one non-executive member appointed by the Welsh
Ministers,
10
(d)
one non-executive member appointed by the Department of
Health, Social Services and Public Safety in Northern Ireland,
(e)
three non-executive members appointed by the Secretary of
State, and
(f)
two executive members appointed in accordance with
15
paragraph 11.”
(3)
In paragraph 6—
(a)
for paragraph (a) substitute—
“(a)
the conditions to be fulfilled for appointment as chair or
other member of the Council,”,
20
(b)
in paragraph (b), for “chairman and other members” substitute “chair
and non-executive members”, and
(c)
before the “and” at the end of paragraph (b) insert—
“(ba)
the appointment of a member as deputy chair and the
circumstances in which that member ceases to hold, or
25
may be removed from, office as deputy chair,”.
(4)
In paragraph 10, for “chairman” (wherever occurring) substitute “chair”.
(5)
For paragraph 11 substitute—
“11   (1)
The Council may appoint the executive members referred to in
paragraph 4(f) on such terms and conditions as the Council may
30
determine.
      (2)
The executive members must be employees of the Council.
      (3)
Any decision of the Council under sub-paragraph (1) must be taken
by the members appointed under paragraph 4(a) to (e).
      (4)
The Council may appoint such other employees as it considers
35
appropriate on such terms and conditions as it may determine.”
(6)
In paragraph 16 after sub-paragraph (1) insert—
   “(1A)
The report must state—
(a)
how the Council, in exercising its functions, has promoted
the health, safety and well-being of patients and other
40
members of the public, and
(b)
how far, in the opinion of the Council, each regulatory body
has complied with any duty imposed on it to promote the
health, safety and well-being of such persons.”

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107
Powers of Secretary of State and devolved administrations
(1)
After section 26 of the 2002 Act insert—
“26A
Powers of Secretary of State and devolved administrations
(1)
The Secretary of State, the Welsh Ministers, the Scottish Ministers or the
relevant Northern Ireland department may request the Council for
5
advice on any matter connected with a profession appearing to the
person making the request to be a health care profession; and the
Council must comply with such a request.
(2)
The Secretary of State, the Welsh Ministers, the Scottish Ministers or the
relevant Northern Ireland department may require the Council to
10
investigate and report on a particular matter in respect of which the
Council’s functions are exercisable.
(3)
The Secretary of State may give directions to the Council as to the
manner in which the Council exercises its functions.
(4)
Before giving any directions under subsection (3), the Secretary of State
15
must consult the Welsh Ministers, the Scottish Ministers, the relevant
Northern Ireland department and the Council.
(5)
In this section “the relevant Northern Ireland department” means the
Department of Health, Social Services and Public Safety in Northern
Ireland.”
20
(2)
In section 26 of the 2002 Act (powers and duties of the Council: general), omit
subsections (7) and (8) (which are superseded by subsection (1) of this section).
108
Duty to inform and consult the public
After section 26A of the 2002 Act insert—
“26B
Duty to inform and consult the public
25
(1)
For the purpose of ensuring that members of the public are informed
about the Council and the exercise by it of its functions, the Council
must publish or provide in such manner as it thinks fit information
about the Council and the exercise of its functions.
(2)
Nothing in subsection (1) authorises or requires the publication or
30
provision of information if the publication or provision of that
information—
(a)
is prohibited by any enactment, or
(b)
would constitute or be punishable as a contempt of court.
(3)
In subsection (2) “enactment” has the same meaning as in Part 2 of the
35
Health and Social Care Act 2008.
(4)
The Council must from time to time seek the views of—
(a)
members of the public, and
(b)
bodies which appear to the Council to represent the interests of
patients,
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on matters relevant to the exercise by it of its functions.”

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109
Reference of cases by Council to court
(1)
Section 29 of the 2002 Act (reference of disciplinary cases by Council to court)
is amended as follows.
(2)
In subsection (1)—
(a)
for paragraph (a) substitute—
5
“(a)
a direction of—
(i)
the Health Committee of the Royal
Pharmaceutical Society of Great Britain under
article 51 of the Pharmacists and Pharmacy
Technicians Order 2007 (powers concerning
10
registration), or
(ii)
the Disciplinary Committee of that Society
under article 52 of that Order (powers
concerning registration) or under section 80 of
the Medicines Act 1968 (power to disqualify and
15
direct removal from register),”,
(b)
omit paragraph (c),
(c)
in paragraph (e) omit the words from “(other than a determination” to
the end,
(d)
omit paragraph (f),
20
(e)
for paragraph (g) substitute—
“(g)
any step taken—
(i)
by the Professional Conduct Committee of the
General Osteopathic Council under section 22 of
the Osteopaths Act 1993 (which relates to action
25
to be taken in cases of allegations referred to the
Professional Conduct Committee), or
(ii)
by the Health Committee of the General
Osteopathic Council under section 23 of that Act
(which relates to action to be taken in cases of
30
allegations referred to the Health Committee),”,
(f)
for paragraph (h) substitute—
“(h)
any step taken—
(i)
by the Professional Conduct Committee of the
General Chiropractic Council under section 22 of
35
the Chiropractors Act 1994 (which relates to
action to be taken in cases of allegations referred
to the Professional Conduct Committee), or
(ii)
by the Health Committee of the General
Chiropractic Council under section 23 of that Act
40
(which relates to action to be taken in cases of
allegations referred to the Health Committee),”,
and
(g)
for paragraph (j) substitute—
“(j)
any corresponding measure taken in relation to a
45
member of a profession regulated by the Health
Professions Order 2001, under that Order.”
(3)
For subsection (5) substitute—
“(5)
In subsection (4), the “relevant court” —

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(a)
in the case of a person who (in accordance with the rules
applying to the body making the relevant decision) was, or was
required to be, notified of the relevant decision at an address in
Scotland, means the Court of Session,
(b)
in the case of a person who (in accordance with the rules
5
applying to the body making the relevant decision) was, or was
required to be, notified of the relevant decision at an address in
Northern Ireland, means the High Court of Justice in Northern
Ireland, and
(c)
in the case of any other person, means the High Court of Justice
10
in England and Wales.”
(4)
In subsection (6) for the words from “four weeks beginning with the last date”
to the end substitute “40 days beginning with the day which is the last day on
which the practitioner concerned can appeal against the relevant decision”.
(5)
Section 29(1)(c) of the 2002 Act has effect until the coming into force of the
15
repeal of that provision by this Act as if the words “otherwise than by reason
of his physical or mental health” were omitted.
(6)
Section 29(1)(f) of the 2002 Act has effect until the coming into force of the
repeal of that provision by this Act as if the words from “, other than a
direction” to the end were omitted.
20
Conduct and performance of medical practitioners and other health care workers
110
Responsible officers and their duties relating to medical profession
After Part 5 of the Medical Act 1983 (c. 54) insert—
“Part 5A
Responsible Officers
25
45A
Requirement to nominate or appoint responsible officer
(1)
The appropriate authority may by regulations make provision for or in
connection with requiring designated bodies to nominate or appoint
persons who are to have such responsibilities as may be conferred on
them by virtue of section 45B.
30
(2)
A person who is so nominated or appointed by a designated body is to
be known as its responsible officer (but this is subject to any provision
made by virtue of subsection (5)(e)).
(3)
In this Part “designated body” means—
(a)
a body falling within any description of bodies prescribed for
35
the purposes of this section, or
(b)
any other body prescribed for those purposes.
(4)
The descriptions of bodies, or particular bodies, that may be so
prescribed are descriptions of bodies, or particular bodies, appearing to
the appropriate authority—
40
(a)
to provide, or arrange for the provision of, health care, or
(b)
to employ or contract with medical practitioners.

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(5)
Regulations under this section may make provision—
(a)
for conditions that must be satisfied in relation to a person if
that person is to be nominated or appointed as, or remain as, a
responsible officer of a designated body,
(b)
authorising or requiring a designated body to nominate or
5
appoint more than one responsible officer,
(c)
for a single person to be nominated or appointed as the
responsible officer for each of two or more designated bodies
where those bodies are satisfied as to the prescribed matters,
(d)
requiring a designated body that has a responsible officer to
10
provide to the officer, or, if that designated body does not
employ the officer, to the employer of the officer, funds and
other resources necessary for enabling the officer to discharge
the officer’s prescribed responsibilities as a responsible officer
for the designated body,
15
(e)
for the persons nominated or appointed as mentioned in
subsection (1) to be known by such name as is prescribed, and
(f)
for making such amendments of any enactment as appear to the
appropriate authority to be required in connection with any
provision made by virtue of paragraph (e).
20
(6)
The conditions imposed under subsection (5)(a) may in particular
include a requirement for the designated body to consult the General
Council before nominating or appointing any person as a responsible
officer for the body.
(7)
Regulations under this section may in prescribed cases provide that a
25
responsible officer for a designated body is to be nominated by the
appropriate authority instead of the designated body.
(8)
In this section—
“enactment” includes any provision of, or any instrument made
under, Northern Ireland legislation;
30
“health care” means services provided to individuals for or in
connection with the prevention, diagnosis or treatment of
illness;
“illness” has the same meaning as in section 25(1) of the Health Act
2006.
35
45B
Responsibilities of responsible officer
(1)
Regulations under section 45A may make provision for or in
connection with—
(a)
conferring on the responsible officer or officers for a designated
body responsibilities relating to the evaluation of the fitness to
40
practise of medical practitioners having a prescribed connection
with that body, and
(b)
requiring a responsible officer for a designated body to co-
operate with the General Council, any of its committees, or any
persons authorised by the General Council, in connection with
45
the exercise by any of them of functions under Part 3A or 5 of
this Act.
(2)
Where a designated body has more than one responsible officer,
regulations under section 45A may make provision for or in connection

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with the division of prescribed responsibilities among those officers,
including provision for the division to be determined by the designated
body.
(3)
The power by virtue of subsection (1)(a) to prescribe the connection
between a medical practitioner and a designated body includes, in
5
particular, power to prescribe a connection based on any of the
following circumstances—
(a)
the practitioner being employed by the designated body,
(b)
the practitioner providing services to the designated body,
(c)
the practitioner being employed by a person who provides
10
services to the designated body,
(d)
the practitioner providing services in the geographical area in
relation to which the designated body exercises functions in
relation to the provision of the health service, or
(e)
the practitioner being employed by or providing services to, or
15
pursuant to arrangements made by, a body which is located in
the geographical area in relation to which the designated body
exercises functions in relation to the provision of the health
service but is not itself a designated body.
(4)
A designated body may confer on any of its responsible officers such
20
powers as it considers appropriate to enable the officer to discharge any
of the officer’s prescribed responsibilities as a responsible officer for the
body.
(5)
If a designated body requires any of its responsible officers to carry out
any functions other than the officer’s prescribed responsibilities, it
25
must in doing so have regard to the officer’s prescribed responsibilities.
(6)
In this section “the health service” means—
(a)
the health service as defined by section 275(1) of the National
Health Service Act 2006 or section 206(1) of the National Health
Service (Wales) Act 2006,
30
(b)
the health service as defined by section 108(1) of the National
Health Service (Scotland) Act 1978, or
(c)
any of the health services under any enactment which extends
to Northern Ireland and which corresponds to section 1(1) of the
National Health Service Act 2006.
35
45C
Regulations under section 45A: further provisions
(1)
Regulations under section 45A may—
(a)
create offences punishable on summary conviction by a fine not
exceeding level 5 on the standard scale, and
(b)
create other procedures for enforcing any provisions of the
40
regulations.
(2)
Regulations under section 45A may require a designated body or a
responsible officer to have regard to any guidance given from time to
time by the appropriate authority or any other prescribed person in
relation to the nomination or appointment of responsible officers or
45
their prescribed responsibilities.
(3)
Regulations under section 45A may make provision requiring—