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
58

(a)
a body which employs, or is provided with services by, a
medical practitioner, or which arranges for others to be
provided with services by a medical practitioner, but which is
not a designated body, or
(b)
a medical practitioner,
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to provide, to the responsible officer with prescribed responsibilities
relating to that medical practitioner or to the designated body for which
the officer is a responsible officer or, if that designated body does not
employ the responsible officer, to the employer of the officer, funds and
other resources necessary for enabling the responsible officer to
10
discharge the officer’s prescribed responsibilities relating to that
medical practitioner.
(4)
Regulations under section 45A may make provision for or in
connection with requiring prescribed persons to supply information or
produce documents to a responsible officer in connection with the
15
discharge of the prescribed responsibilities of the responsible officer.
45D
Crown application
(1)
This Part binds the Crown.
(2)
No contravention by the Crown of any provision of this Part or
regulations made under this Part makes the Crown criminally liable;
20
but the High Court (or, in Scotland, the Court of Session) may declare
unlawful any act or omission of the Crown which constitutes such a
contravention.
(3)
The provisions of this Part apply to persons in the service of the Crown
as they apply to other persons.
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(4)
Nothing in this section affects Her Majesty in her private capacity; and
this subsection is to be read as if section 38(3) of the Crown Proceedings
Act 1947 (meaning of Her Majesty in her private capacity) were
contained in this Act.
45E
Regulations under section 45A: supplementary provisions
30
(1)
The power of the Secretary of State to make regulations under section
45A is exercisable by statutory instrument.
(2)
Before making any regulations under section 45A, the Secretary of State
must consult—
(a)
the Scottish Ministers, if the regulations extend to Scotland, and
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(b)
the Welsh Ministers, if the regulations apply to Wales.
(3)
A statutory instrument containing regulations made by the Secretary of
State under section 45A is subject to annulment in pursuance of a
resolution of either House of Parliament.
(4)
The power of the Department of Health, Social Services and Public
40
Safety in Northern Ireland to make regulations under section 45A is
exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979.
(5)
A statutory rule containing regulations made by the Department of
Health, Social Services and Public Safety in Northern Ireland under
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Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce
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section 45A is subject to negative resolution within the meaning of
section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(6)
Regulations under section 45A may make different provision for
different cases.
45F
Interpretation of Part 5A
5
In this Part—
“the appropriate authority” means—
(a)
in relation to England and Wales or Scotland, the
Secretary of State, or
(b)
in relation to Northern Ireland, the Department of
10
Health, Social Services and Public Safety in Northern
Ireland;
“designated body” has the meaning given by section 45A(3);
“prescribed” means prescribed by regulations under section 45A.”
111
Additional responsibilities of responsible officers: England and Wales and
15
Northern Ireland
(1)
Regulations under this section may confer on a responsible officer nominated
or appointed for the purposes of regulations under section 45A of the Medical
Act 1983 (c. 54) (requirement to nominate or appoint responsible officer)
additional responsibilities that relate to—
20
(a)
the entry by the designated body into contracts of employment with
medical practitioners or into contracts for the provision of services by
such practitioners,
(b)
the monitoring of the conduct or performance of medical practitioners
who have a prescribed connection with the designated body, or
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(c)
ensuring that appropriate action is taken in response to concerns about
such conduct or performance,

but do not relate to the regulation under that Act of the medical profession.
(2)
Subject to subsection (3), the power to make regulations under this section is
exercisable—
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(a)
in relation to England, by the Secretary of State,
(b)
in relation to Wales, by the Welsh Ministers, or
(c)
in relation to Northern Ireland, by the Department of Health, Social
Services and Public Safety in Northern Ireland.
(3)
In relation to cross-border bodies, the power to make regulations under this
35
section is exercisable by the Secretary of State after consultation with the Welsh
Ministers.
(4)
For the purposes of this section a “cross-border body” is a body which—
(a)
performs (and only performs) functions in respect of England and
Wales, and
40
(b)
does not perform functions mainly in respect of England or mainly in
respect of Wales.
(5)
Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983
(provisions that may be included in regulations under section 45A of that Act
and responsibilities of responsible officers) apply in relation to regulations
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Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce
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under this section as they apply in relation to regulations under section 45A of
that Act but as if—
(a)
references to prescribed responsibilities were references to
responsibilities conferred by regulations under this section,
(b)
the reference in section 45B(2) to regulations under section 45A were a
5
reference to regulations under this section, and
(c)
the reference in section 45B(3) to subsection (1)(a) of that section were a
reference to subsection (1)(b) of this section.
(6)
Subject to subsection (7), regulations under this section may require a
designated body or a responsible officer to have regard to any guidance given
10
from time to time by the Secretary of State, the Welsh Ministers or the
Department of Health, Social Services and Public Safety in Northern Ireland (as
the case may be), or by any other person prescribed by the regulations, in
relation to responsibilities conferred on responsible officers by the regulations.
(7)
In relation to cross-border bodies, the reference in subsection (6) to the
15
Secretary of State is to be read as a reference to the Secretary of State after
consultation with the Welsh Ministers.
(8)
Expressions used in this section and in Part 5A of the Medical Act 1983 (c. 54)
(responsible officers) have the same meaning in this section as in that Part.
112
Co-operation between prescribed bodies
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(1)
The appropriate Minister may by regulations make provision for or in
connection with requiring a designated body to co-operate with any other
designated body in connection with—
(a)
the sharing of information which relates to the conduct or performance
of any health care worker and which may show that that worker is
25
likely to constitute a threat to the health and safety of patients,
(b)
the provision of information in response to requests for information
from any other designated body about the conduct or performance of
any health care worker,
(c)
the consideration of any issues which arise as a result of the acts
30
mentioned in paragraphs (a) and (b), and
(d)
the taking of any prescribed steps following such consideration.
(2)
Regulations under this section may make provision requiring a designated
body to disclose the information referred to in subsection (1)(a) and any
information disclosed under subsection (1)(b) to any other designated body in
35
prescribed circumstances, or in circumstances where it appears to that body
that the prescribed conditions are satisfied, whether or not the disclosure of
information has been requested.
(3)
Regulations under this section may—
(a)
create offences punishable on summary conviction by a fine not
40
exceeding level 5 on the standard scale, and
(b)
create other procedures for enforcing any provisions of the regulations.
(4)
Regulations under this section may require a designated body to have regard
to any guidance given from time to time by the appropriate Minister or any
other prescribed person.
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(5)
In this section—

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce
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“the appropriate Minister” means the Secretary of State except that, in
relation to co-operation by a Welsh health body or a Welsh social
services body, it means the Welsh Ministers;
“designated body” means—
(a)
any body which is a designated body for the purposes of Part
5
5A of the Medical Act 1983, and
(b)
any other body prescribed for the purposes of this section;
“health care” has the meaning given by section 45A(8) of the Medical Act
1983 (c. 54);
“health care worker” means—
10
(a)
any person who is a member of a prescribed profession
concerned with the physical or mental health of individuals, or
(b)
any person who—
(i)
is employed by a designated body,
(ii)
provides services to a designated body, or
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(iii)
is employed by a person who provides services to a
designated body,

for purposes connected with the provision of health care;
“prescribed” means prescribed by regulations under this section;
“Welsh health body” means—
20
(a)
a Welsh NHS body, as defined by section 148 of the Health and
Social Care (Community Health and Standards) Act 2003 (c. 43),
or
(b)
any other person providing or arranging for the provision of
health care in Wales;
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“Welsh social services body” means—
(a)
the council of a county or county borough in Wales, or
(b)
a body engaged in the provision of Welsh local authority social
services, as defined by section 148 of the Health and Social Care
(Community Health and Standards) Act 2003.
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113
Ss. 111 and 112: Crown application
(1)
Sections 111 and 112 bind the Crown.
(2)
No contravention by the Crown of any provision of either of those sections or
regulations made under them makes the Crown criminally liable; but the High
Court may declare unlawful any act or omission of the Crown which
35
constitutes such a contravention.
(3)
The provisions of those sections apply to persons in the service of the Crown
as they apply to other persons.
(4)
Nothing in this section affects Her Majesty in her private capacity; and this
subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947
40
(c. 44) (meaning of Her Majesty in her private capacity) were contained in this
Act.