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
62

Regulation of social care workforce
114
Regulation of social care workers
(1)
The appropriate Minister may by regulations make provision modifying the
regulation of social care workers, so far as appears to the appropriate Minister
to be necessary or expedient for the purpose of securing or improving their
5
regulation or the services which they provide or to which they contribute.
(2)
Schedule 9 (which makes further provision about regulations under this
section) has effect.
(3)
In this section and that Schedule—
“the appropriate Minister” means—
10
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Welsh Ministers;
“social care worker” means a person who falls within any of paragraphs
(a) to (d) of subsection (2) of, or paragraphs (a) to (g) of subsection (3)
of, section 55 of the Care Standards Act 2000 (c. 14) (which sets out the
15
persons who are, or may by virtue of regulations be treated as, social
care workers for the purposes of Part 4 of that Act).
(4)
The references in subsection (1) to the regulation of social care workers include
references to—
(a)
the regulation of social care workers of a description in relation to
20
which no provision for registration for the time being applies,
(b)
the regulation of those seeking registration as social care workers of any
description or of persons who were, but are no longer, registered as
social care workers of any description, and
(c)
the regulation of activities carried on by persons who are not social care
25
workers but which are carried on in connection with the activities
carried on by social care workers.
115
Standard of proof in proceedings relating to registration of social care worker
(1)
The standard of proof applicable to any proceedings to which this subsection
applies is that applicable to civil proceedings.
30
(2)
Subsection (1) applies to any proceedings before a committee of a Council, a
Council itself or any officer of a Council which relate to a person’s suitability
to be or remain registered as a social care worker of any description.
(3)
In subsection (2)—
(a)
references to a Council are references to the General Social Care
35
Council or the Care Council for Wales, and
(b)
“social care worker” has the same meaning as in section 114.
(4)
Regulations under section 114 may not—
(a)
amend this section, or
(b)
make any provision that is inconsistent with subsection (1).
40

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce
63

Approved mental health professionals
116
Education and training of approved mental health professionals
(1)
The appropriate Minister may by regulations make provision modifying the
functions of the General Social Care Council or the Care Council for Wales in
relation to the education and training of persons who are or wish to become
5
approved mental health professionals.
(2)
The power to make regulations under subsection (1) may be exercised by
amending, repealing or applying (with or without modifications) any
provision of any enactment and any other instrument or document.
(3)
Paragraphs 4 to 6 and 9 and 10 of Schedule 9 apply to the making of regulations
10
under subsection (1) as they apply to the making of regulations under section
114 but as if the references in paragraphs 9 and 10 to social care workers were
references to approved mental health professionals.
(4)
In this section—
“the appropriate Minister” means—
15
(a)
in relation to the General Social Care Council, the Secretary of
State, and
(b)
in relation to the Care Council for Wales, the Welsh Ministers;
“approved mental health professional” has the same meaning as in
section 114 of the Mental Health Act 1983 (c. 20);
20
“functions” includes powers and duties.
General
117
Further amendments relating to Part 2
Schedule 10 (which contains further amendments relating to this Part) has
effect.
25
118
Interpretation of Part 2
In this Part—
“the 1999 Act” means the Health Act 1999 (c. 8);
“the 2002 Act” means the National Health Service Reform and Health
Care Professions Act 2002 (c. 17);
30
“enactment” means an enactment contained in, or in an 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
35
(d)
Northern Ireland legislation;
“the OHPA” means the Office of the Health Professions Adjudicator.

Health and Social Care Bill
Part 3 — Public health protection
64

Part 3
Public health protection
119
Public health protection
Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert—
“Part 2A
5
Public Health Protection
Introductory
45A
Infection or contamination
(1)
The following provisions have effect for the interpretation of this Part.
(2)
“Contamination” includes radiation.
10
(3)
Any reference to infection or contamination is a reference to infection
or contamination which presents or could present significant harm to
human health.
(4)
Any reference to the spread of contamination includes a reference to
the spread of any source of contamination.
15
(5)
Any reference to disinfection or decontamination includes a reference
to the removal of any vector, agent or source of the infection or
contamination.
(6)
Related expressions are to be read accordingly.
Power to make regulations
20
45B
Health protection regulations: international travel etc.
(1)
The appropriate Minister may by regulations make provision—
(a)
for preventing danger to public health from vessels, aircraft,
trains or other conveyances arriving at any place,
(b)
for preventing the spread of infection or contamination by
25
means of any vessel, aircraft, train or other conveyance leaving
any place, and
(c)
for giving effect to any international agreement or arrangement
relating to the spread of infection or contamination.
(2)
Regulations under subsection (1) may in particular include provision—
30
(a)
for the detention of conveyances,
(b)
for the medical examination, detention, isolation or quarantine
of persons,
(c)
for the inspection, analysis, retention, isolation, quarantine or
destruction of things,
35
(d)
for the disinfection or decontamination of conveyances, persons
or things or the application of other sanitary measures,
(e)
for prohibiting or regulating the arrival or departure of
conveyances and the entry or exit of persons or things,

Health and Social Care Bill
Part 3 — Public health protection
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(f)
imposing duties on masters, pilots, train managers and other
persons on board conveyances and on owners and managers of
ports, airports and other points of entry, and
(g)
requiring persons to provide information or answer questions
(including information or questions relating to their health).
5
45C
Health protection regulations: domestic
(1)
The appropriate Minister may by regulations make provision for the
purpose of preventing, protecting against, controlling or providing a
public health response to the incidence or spread of infection or
contamination in England and Wales (whether from risks originating
10
there or elsewhere).
(2)
The power in subsection (1) may be exercised—
(a)
in relation to infection or contamination generally or in relation
to particular forms of infection or contamination, and
(b)
so as to make provision of a general nature, to make contingent
15
provision or to make specific provision in response to a
particular set of circumstances.
(3)
Regulations under subsection (1) may in particular include provision—
(a)
imposing duties on registered medical practitioners or other
persons to record and notify cases or suspected cases of
20
infection or contamination,
(b)
conferring on local authorities or other persons functions in
relation to the monitoring of public health risks, and
(c)
imposing or enabling the imposition of restrictions or
requirements on or in relation to persons, things or premises in
25
the event of, or in response to, a threat to public health.
(4)
The restrictions or requirements mentioned in subsection (3)(c) include
in particular—
(a)
a requirement that a child is to be kept away from school,
(b)
a prohibition or restriction relating to the holding of an event or
30
gathering,
(c)
a restriction or requirement relating to the handling, transport
or disposal of dead bodies or human remains, and
(d)
a special restriction or requirement.
(5)
The power in subsection (1) is subject to section 45D.
35
(6)
For the purposes of this Part—
(a)
a “special restriction or requirement” means a restriction or
requirement which can be imposed by a justice of the peace by
virtue of section 45G(2), 45H(2) or 45I(2), but
(b)
a restriction or requirement mentioned in subsection (4)(a), (b)
40
or (c) is not to be regarded as a special restriction or
requirement.
45D
Restrictions on power to make regulations under section 45C
(1)
Regulations under section 45C may not include provision imposing a
restriction or requirement by virtue of subsection (3)(c) of that section
45
unless the appropriate Minister considers, when making the

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Part 3 — Public health protection
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regulations, that the restriction or requirement is proportionate to what
is sought to be achieved by imposing it.
(2)
Regulations under section 45C may not include provision enabling the
imposition of a restriction or requirement by virtue of subsection (3)(c)
of that section unless the regulations provide that a decision to impose
5
such a restriction or requirement may only be taken if the person taking
it considers, when taking the decision, that the restriction or
requirement is proportionate to what is sought to be achieved by
imposing it.
(3)
Regulations under section 45C may not include provision imposing a
10
special restriction or requirement mentioned in section 45G(2)(a), (b),
(c) or (d).
(4)
Regulations under section 45C may not include provision enabling the
imposition of a special restriction or requirement unless—
(a)
the regulations are made in response to a serious and imminent
15
threat to public health, or
(b)
imposition of the restriction or requirement is expressed to be
contingent on there being such a threat at the time when it is
imposed.
(5)
For the purposes of this section—
20
(a)
regulations “enable the imposition of a restriction or
requirement” if the restriction or requirement is imposed by
virtue of a decision taken under the regulations by the
appropriate Minister, a local authority or other person;
(b)
regulations “impose a restriction or requirement” if the
25
restriction or requirement is imposed without any such
decision.
45E
Medical treatment
(1)
Regulations under section 45B or 45C may not include provision
requiring a person to undergo medical treatment.
30
(2)
“Medical treatment” includes vaccination and other prophylactic
treatment.
45F
Health protection regulations: supplementary
(1)
This section makes further provision about regulations under section
45B or 45C (“health protection regulations”).
35
(2)
Health protection regulations may—
(a)
confer functions on local authorities and other persons;
(b)
create offences;
(c)
enable a court to order a person convicted of any such offence
to take or pay for remedial action in appropriate circumstances;
40
(d)
provide for the execution and enforcement of restrictions and
requirements imposed by or under the regulations;
(e)
provide for appeals from and reviews of decisions taken under
the regulations;
(f)
permit or prohibit the levy of charges;
45
(g)
permit or require the payment of incentive payments,
compensation and expenses;

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Part 3 — Public health protection
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(h)
provide for the resolution of disputes.
(3)
Health protection regulations may, for the purposes of giving effect to
an international agreement or arrangement, amend any enactment.
(4)
Health protection regulations may not confer functions on officers of
Revenue and Customs unless the regulations are made with the
5
consent of the Commissioners for Her Majesty’s Revenue and Customs.
(5)
Health protection regulations may not create an offence triable on
indictment or punishable with—
(a)
imprisonment,
(b)
a fine exceeding £20,000, or
10
(c)
a further fine exceeding an amount equal to 2% of level 5 on the
standard scale for each day on which the default continues after
conviction.
(6)
Regulations under section 45C must provide for a right of appeal to a
magistrates’ court against any decision taken under the regulations by
15
virtue of which a special restriction or requirement is imposed on or in
relation to a person, thing or premises.
(7)
Regulations under section 45C must also provide for a right of periodic
review in respect of the continuation of a special restriction or
requirement imposed by virtue of a decision taken under the
20
regulations on or in relation to a person, thing or premises.
Orders that may be made by justice of the peace
45G
Power to order health measures in relation to persons
(1)
A justice of the peace may make an order under subsection (2) in
relation to a person (“P”) if the justice is satisfied that—
25
(a)
P is or may be infected or contaminated,
(b)
the infection or contamination is one which presents or could
present significant harm to human health,
(c)
there is a risk that P might infect or contaminate others, and
(d)
it is necessary to make the order in order to remove or reduce
30
that risk.
(2)
The order may impose on or in relation to P one or more of the
following restrictions or requirements—
(a)
that P submit to medical examination;
(b)
that P be removed to a hospital or other suitable establishment;
35
(c)
that P be detained in a hospital or other suitable establishment;
(d)
that P be kept in isolation or quarantine;
(e)
that P be disinfected or decontaminated;
(f)
that P wear protective clothing;
(g)
that P provide information or answer questions about P’s health
40
or other circumstances;
(h)
that P’s health be monitored and the results reported;
(i)
that P attend training or advice sessions on how to reduce the
risk of infecting or contaminating others;

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Part 3 — Public health protection
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(j)
that P be subject to restrictions on where P goes or with whom
P has contact;
(k)
that P abstain from working or trading.
(3)
A justice of the peace may make an order under subsection (4) in
relation to a person (“P”) if the justice is satisfied that—
5
(a)
P is or may be infected or contaminated,
(b)
the infection or contamination is one which presents or could
present significant harm to human health,
(c)
there is a risk that a related party might infect or contaminate
others, and
10
(d)
it is necessary to make the order in order to remove or reduce
that risk.
(4)
The order may impose on or in relation to P a requirement that P
provide information or answer questions about P’s health or other
circumstances (including, in particular, information or questions about
15
the identity of a related party).
(5)
“Related party” means—
(a)
a person who has or may have infected or contaminated P, or
(b)
a person whom P has or may have infected or contaminated.
(6)
An order under this section may also order a person with parental
20
responsibility (within the meaning of the Children Act 1989) for P to
secure that P submits to or complies with the restrictions or
requirements imposed by the order.
(7)
The appropriate Minister must by regulations make provision about
the evidence that must be available to a justice of the peace before the
25
justice can be satisfied as mentioned in subsection (1) or (3).
(8)
Any reference in this section to a person who is infected or
contaminated includes a reference to a person who carries the source of
an infection or contamination, and any reference to infecting or
contaminating others includes a reference to passing that source to
30
others.
45H
Power to order health measures in relation to things
(1)
A justice of the peace may make an order under subsection (2) in
relation to a thing if the justice is satisfied that—
(a)
the thing is or may be infected or contaminated,
35
(b)
the infection or contamination is one which presents or could
present significant harm to human health,
(c)
there is a risk that the thing might infect or contaminate
humans, and
(d)
it is necessary to make the order in order to remove or reduce
40
that risk.
(2)
The order may impose in relation to the thing one or more of the
following restrictions or requirements—
(a)
that the thing be seized or retained;
(b)
that the thing be kept in isolation or quarantine;
45
(c)
that the thing be disinfected or decontaminated;
(d)
that the thing be destroyed.