• Accessibility
• Email alerts
• RSS feeds
• Contact us

House of Commons

Session 2007 - 08 Internet Publications Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department of Health, are published
separately as Bill 9—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Alan Johnson has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:
In my view the provisions of the Health and Social Care Bill are compatible with the
Convention rights.
Bill 9                                                                                                   54/3
Health and Social Care Bill
Contents
Part 1
The Care Quality Commission
Chapter 1
Introductory
1    The Care Quality Commission
2    The Commission’s functions
3    Transfers of property, rights and liabilities
Chapter 2
Registration in respect of provision of health or social care
Introductory
4    “Regulated activity”
5    “Health or social care”
Registration of persons carrying on regulated activities
6    Requirement to register as a service provider
7    Applications for registration as a service provider
8    Grant or refusal of registration as a service provider
Registration of managers
9    Condition requiring registered manager
10    Applications for registration as a manager
11    Grant or refusal of registration as a manager
Further provision about registration as a service provider or manager
12    Regulations about registration
13    Cancellation of registration
14    Suspension of registration
Bill 9                                                                                                   54/3
Health and Social Care Bill ii
15    Applications by registered persons
Regulation, code of practice and guidance
16    Regulation of regulated activities
17    Code of practice relating to health care associated infections
18    Consultation etc. in relation to code of practice under s. 17
19    Guidance as to compliance with requirements
20    Consultation in relation to guidance under s. 19
21    Effect of code under s. 17 and guidance under s. 19
Registration procedure
22    Notice of proposals
23    Right to make representations
24    Notice of decisions
25    Warning notice
26    Urgent procedure for cancellation
27    Urgent procedure for variation or suspension
28    Appeals to the Tribunal
Offences
29    Failure to comply with conditions
30    Offences relating to suspension or cancellation of registration
31    Contravention of regulations
32    False description of concerns, premises etc.
33    False statements in applications
Information to be available to public
34    Provision of copies of registers
Miscellaneous
35    Bodies required to be notified of certain matters
36    Periodic returns
37    Liquidators etc.
38    Death of registered person
Power to modify provisions of Chapter
39    Power to modify Chapter in relation to newly regulated activities
Interpretation
40    Interpretation of Chapter 2
Health and Social Care Bill iii
Chapter 3
Quality of health and social care
Health care standards
41    Standards set by Secretary of State
Reviews and investigations
42    Periodic reviews
43    Frequency and period of review
44    Special reviews and investigations
45    Power to extend periodic review function
46    Failings by English local authorities
47    Failings by Welsh NHS bodies
Chapter 4
Functions under Mental Health Act 1983
48    Transfer and amendment of functions under Mental Health Act 1983
Chapter 5
Further functions
49    Information and advice
50    Studies as to economy, efficiency etc.
51    Publication of results of studies under s. 50
52    Role of Audit Commission
53    Reviews of data, studies and research
54    Publication of information
55    Additional functions
Chapter 6
Miscellaneous and General
Inspections
56    Inspections
57    Inspections carried out for registration purposes
Powers of entry etc.
58    Entry and inspection
59    Entry and inspection: supplementary
60    Power to require documents and information etc.
61    Power to require explanation
Interaction with other authorities
62    Interaction with other authorities
Health and Social Care Bill iv
63    Co-ordination of reviews or assessments
64    Co-operation between the Commission and Welsh Ministers
65    Co-operation between the Commission and the Independent Regulator of
NHS Foundation Trusts
66    Provision of material to the Comptroller and Auditor General
67    Arrangements with Ministers
68    Arrangements with Northern Ireland Ministers
Inquiries
69    Inquiries
Information
70    Disclosure of confidential personal information: offence
71    Defence
72    Use of information etc.
73    Permitted disclosures
74    Code of practice on confidential personal information
Further provisions about functions of Commission
75    Publication of programme of reviews etc.
76    Failure by the Commission in discharge of its functions
77    Reports for each financial year etc.
78    Reports and information
Fees
79    Fees
Enforcement
80    Penalty notices
81    Penalty notices: supplementary provision
82    Guidance by the Commission in relation to enforcement action
83    Publication of information relating to enforcement action etc.
84    Proceedings for offences
85    Offences by bodies corporate
86    Unincorporated associations
Service of documents
87    Service of documents
88    Electronic communications
Further amendments
89    Further amendments relating to Part 1
Interpretation
90    General interpretation of Part 1
Health and Social Care Bill v
Part 2
Regulation of health professions and health and social care workforce
The Office of the Health Professions Adjudicator
91    The Office of the Health Professions Adjudicator
92    Functions under Medical Act 1983 and Opticians Act 1989
93    Fitness to practise panels
94    Lists of persons eligible for membership of fitness to practise panels
95    Further provisions about listed persons
96    Legal assessors
97    Clinical and other specialist advisers
98    Procedural rules
99    Administration of oaths and issuing of witness summonses etc.
100    Duty to inform the public
101    Duty to consult
102    OHPA rules: supplementary
Amendments of Part 3 of Health Act 1999
103    Extension of powers under s. 60 of Health Act 1999
104    Standard of proof in fitness to practise proceedings
The Council for Healthcare Regulatory Excellence
105    The Council for Healthcare Regulatory Excellence
106    Constitution etc. of Council
107    Powers of Secretary of State and devolved administrations
108    Duty to inform and consult the public
109    Reference of cases by Council to court
Conduct and performance of medical practitioners and other health care workers
110    Responsible officers and their duties relating to medical profession
111    Additional responsibilities of responsible officers: England and Wales and
Northern Ireland
112    Co-operation between prescribed bodies
113    Ss. 111 and 112: Crown application
Regulation of social care workforce
114    Regulation of social care workers
115    Standard of proof in proceedings relating to registration of social care worker
Approved mental health professionals
116    Education and training of approved mental health professionals
General
117    Further amendments relating to Part 2
118    Interpretation of Part 2

• A-Z index
• Glossary
• Contact us
• Freedom of Information
• Jobs
• Using this website
• Copyright