House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15th January 2008
247

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

218

Schedule  6,  page  133,  line  16,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

220

Schedule  6,  page  133,  line  19,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

219

Schedule  6,  page  133,  line  20,  after second ‘the’, insert ‘auditable’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

221

Schedule  6,  page  133,  line  23,  leave out ‘such period’ and insert ‘six months’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

222

Schedule  6,  page  133,  line  24,  leave out from ‘relate’ to end of line.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

223

Schedule  6,  page  133,  line  42,  at end insert—

‘(c)
The regulatory bodies.’.

Public Bill Committee: 15th January 2008
248

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

224

Schedule  6,  page  134,  line  5,  after ‘Council’, insert ‘and health regulators’.

Mr Ben Bradshaw

94

Schedule  6,  page  134,  line  6,  at end add—

‘Seal and evidence


The application of the seal of the OHPA must be authenticated by the

signature—

(a)
of any member of the OHPA, or

(b)
of any other person who has been authorised by the OHPA (whether

generally or specifically) for that purpose.


A document—

(a)
purporting to be duly executed under the seal of the OHPA, or

(b)
purporting to be signed on behalf of the OHPA,


is to be received in evidence and, unless the contrary is proved, taken to be so

executed or signed.’.

Mr Ben Bradshaw

95

Schedule  7,  page  135,  line  8,  leave out ‘rules made by virtue of paragraph 5A(3)’

and insert ‘paragraph 5A(3E)’.

Mr Ben Bradshaw

96

Schedule  7,  page  135,  line  15,  after ‘“the Adjudicator”,’ insert—

‘( )
after paragraph (d) insert—

“(da)
decisions of the Adjudicator to make a direction

under paragraph 5A(3E) of Schedule 4 to this Act and

decisions of the Adjudicator under section 35D below

that relate to such a direction;”,’.

Mr Ben Bradshaw

97

Schedule  7,  page  136,  line  3,  leave out from ‘subsection (4)’ to end of line 4 and

insert—

‘(a)
for “a Fitness to Practise Panel have” substitute “the Adjudicator has”,

and

(b)
in paragraph (c) for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”.’.

Public Bill Committee: 15th January 2008
249

Health and Social Care Bill, continued

Mr Ben Bradshaw

98

Schedule  7,  page  136,  line  22,  leave out sub-paragraph (11) and insert—

  ‘(11)
In subsection (9)—

(a)
in paragraph (a)(iii) for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”, and

(b)
in paragraph (b) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.’.

Mr Ben Bradshaw

99

Schedule  7,  page  136,  line  25,  at end insert—

      ‘()
In subsection (11)(b) for “rules made by virtue of paragraph 5A(3)” substitute

“paragraph 5A(3E)”.’.

Mr Ben Bradshaw

100

Schedule  7,  page  136,  line  40,  after ‘(2)’ insert—

‘(a)
for “rules made by virtue of paragraph 5A(3)” substitute “paragraph

5A(3E)”, and

(b)
’.

Mr Ben Bradshaw

101

Schedule  7,  page  136,  line  42,  leave out sub-paragraph (3) and insert—

    ‘(3)
In subsection (3)—

(a)
in paragraph (a)—

(i)
in sub-paragraph (i) after “10” insert “or 10A”, and

(ii)
omit sub-paragraph (ii), and

(b)
in paragraph (b) for “paragraph 5A(4) of that Schedule” substitute

“paragraph 5A(5) of Schedule 4 to this Act”.’.

Mr Ben Bradshaw

102

Schedule  7,  page  137,  line  26,  leave out ‘rules made by virtue of paragraph 5A(3)’

and insert ‘paragraph 5A(3E)’.

Mr Ben Bradshaw

103

Schedule  7,  page  137,  line  41,  leave out ‘rules made by virtue of paragraph 5A(3)’

and insert ‘paragraph 5A(3E)’.

Mr Ben Bradshaw

104

Schedule  7,  page  139,  line  37,  at end insert—

‘
In section 41C of the 1983 Act (effect of directions or orders on a licence to

practise), in subsection (1), for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”.’.

Mr Ben Bradshaw

105

Schedule  7,  page  140,  line  11,  leave out ‘paragraphs (a) and (b)’ and insert

Public Bill Committee: 15th January 2008
250

Health and Social Care Bill, continued

‘paragraph (a)—

(i)
’.

Mr Ben Bradshaw

106

Schedule  7,  page  140,  line  12,  at end insert—

‘(ii)
in sub-paragraph (ii) for “rules made by virtue of paragraph

5A(3)” substitute “paragraph 5A(3E)”,’.

Mr Ben Bradshaw

107

Schedule  7,  page  140,  line  12,  at end insert—

‘( )
in paragraph (b) for “a Fitness to Practise Panel” substitute “the

Adjudicator”, and’.

Mr Ben Bradshaw

108

Schedule  7,  page  142,  line  16,  leave out from beginning to end of line 21 and insert

‘omit sub-paragraphs (3) and (3A),’.

Mr Ben Bradshaw

109

Schedule  7,  page  142,  line  21,  at end insert—

‘( )
after sub-paragraph (3A) insert—

“(3B)
If the Registrar is of the opinion that a person who is the

subject of an assessment of the standard of the person’s

professional performance—

(a)
has failed to submit to the assessment, or

(b)
having submitted to the assessment, has failed to

comply with reasonable requirements imposed by

the Assessment Team,


the Registrar may refer the matter to the Adjudicator.

    (3C)
If the Investigation Committee are of the opinion that a

person who is the subject of an assessment of the standard

of the person’s professional performance—

(a)
has failed to submit to the assessment, or

(b)
having submitted to the assessment, has failed to

comply with reasonable requirements imposed by

the Assessment Team,


the Investigation Committee may direct the Registrar to

refer the matter to the Adjudicator and, on receipt of the

direction, the Registrar shall make such a reference.

    (3D)
The Registrar shall without delay serve on the person who

is the subject of the assessment notification of the making

of a reference to the Adjudicator under sub-paragraph (3B)

or (3C).

    (3E)
Where a matter is referred to the Adjudicator under sub-

paragraph (3B) or (3C), the Adjudicator may, if it thinks

fit—

Public Bill Committee: 15th January 2008
251

Health and Social Care Bill, continued

(a)
direct that the person’s registration in the register

shall be suspended (that is to say, shall not have

effect) during such period not exceeding 12

months as may be specified in the direction; or

(b)
direct that the person’s registration shall be

conditional on the person’s compliance, during

such period not exceeding 3 years as may be

specified in the direction, with such requirements

so specified as the Adjudicator thinks fit to impose

for the protection of members of the public or in

the person’s interests.

    (3F)
Where, under sub-paragraph (3E), the Adjudicator gives a

direction for suspension or a direction for conditional

registration the Registrar shall without delay serve on the

person concerned notification of the direction and of the

person’s right to appeal against it under sub-paragraph (5).

    (3G)
While a person’s registration in the register is suspended by

virtue of a direction under sub-paragraph (3E)—

(a)
the person is to be treated as not being registered in

the register notwithstanding that the person’s name

still appears in it, but

(b)
sections 31A, 35C, 35CC, 35D, 35E and 39 are to

continue to apply to the person.”’.

Mr Ben Bradshaw

110

Schedule  7,  page  142,  line  24,  at end insert—

‘( )
for “by virtue of sub-paragraph (3) above” substitute “under

sub-paragraph (3E)”,’.

Mr Ben Bradshaw

111

Schedule  7,  page  142,  line  27,  at end insert ‘, and

( )
after sub-paragraph (5) insert—

“(5A)
Subject to paragraph 9 below, an appeal under sub-

paragraph (5) must be brought before the end of the period

of 28 days beginning with the date on which notification of

the direction was served under sub-paragraph (3F).”’.

Mr Ben Bradshaw

112

Schedule  7,  page  142,  line  40,  leave out from ‘sub-paragraph (1)’ to end of line and

insert—

‘(a)
after “39(2),” insert “40A(9),”, and

(b)
after “this Act” insert “or paragraph 5A(3D) or (3F) above”.’.

Mr Ben Bradshaw

113

Schedule  7,  page  142,  line  40,  at end insert—

      ‘()
In paragraph 9—

Public Bill Committee: 15th January 2008
252

Health and Social Care Bill, continued

(a)
in paragraph (a) after “this Act” insert “or paragraph 5A(3F) above”,

and

(b)
after “section 40 of this Act” insert “or (as the case may be) paragraph

5A(5) above”.’.

Mr Ben Bradshaw

114

Schedule  7,  page  142,  line  42,  at end insert—

      ‘()
After paragraph 10 insert—

“10A (1)
A direction for suspension or for conditional registration given by

the Adjudicator under paragraph 5A(3E) above shall take effect—

(a)
where no appeal under paragraph 5A(5) above is brought

against the direction within the time specified in paragraph

5A(5A) above, on the expiration of that time;

(b)
where such an appeal is so brought but is withdrawn or

dismissed for want of prosecution, on the withdrawal or

dismissal of the appeal;

(c)
where such an appeal is so brought and is not withdrawn or

dismissed for want of prosecution, if and when the appeal

is dismissed.

      (2)
Where the time for appealing against a direction is extended by an

authorisation under paragraph 9 above—

(a)
sub-paragraph (1) shall apply to the direction as if the

reference in paragraph (a) to the time specified in

paragraph 5A(5A) above were a reference to that time as so

extended; and

(b)
if the authorisation is given after the expiration of the time

specified in paragraph 5A(5A) above, the direction shall be

deemed not to have taken effect on the expiration of that

time,


and any reference in this Act to the time when such a direction takes

effect in accordance with this paragraph shall be construed

accordingly.”’.

Mr Ben Bradshaw

115

Schedule  7,  page  142,  line  42,  at end insert—

      ‘()
In paragraph 11, in sub-paragraphs (1) and (3)—

(a)
after “section 35D(2) of this Act” insert “or paragraph 5A(3E) above”,

and

(b)
for “that section” substitute “section 35D”.’.

Mr Ben Bradshaw

116

Schedule  7,  page  142,  line  42,  at end insert—

      ‘()
In paragraph 12 for “rules made by virtue of paragraph 5A(3) of this Schedule”

substitute “paragraph 5A(3E) above”.’.

Mr Ben Bradshaw

117

Schedule  7,  page  148,  line  11,  at end insert—

Public Bill Committee: 15th January 2008
253

Health and Social Care Bill, continued

‘
After section 23C of the 1989 Act insert—

“23CA
Assessments

(1)
If the Adjudicator considers (on reasonable grounds) that it would be

of assistance to it, in dealing with any proceedings before it, for there

to be an assessment of—

(a)
the standard and quality of the work done or being done by the

person to whom the proceedings relate (“P”); or

(b)
the health, or specific aspects of the health, of P,


the Adjudicator may request the registrar to arrange for an assessor to

be appointed to report on the standard and quality of P’s work or (as

the case may be) on P’s health or specific aspects of P’s health.

(2)
On receipt of a request under subsection (1), the registrar shall arrange

for one or more assessors to be appointed in accordance with rules

made by the Council.

(3)
The Council may make rules about the carrying out of the assessment

and the making of the report.

(4)
If P fails to submit to, or co-operate with, the assessment the

Adjudicator may draw such inferences from P’s failure as it considers

appropriate.

(5)
This section does not apply if the person to whom the proceedings

relate is a body corporate.”’.

Mr Ben Bradshaw

118

Schedule  7,  page  150,  line  39,  at end insert—

‘
In section 33 of the 1989 Act (default powers of Privy Council), in subsection

(3)(b), after “23C,” insert “23CA,”.’.

Mr Ben Bradshaw

119

Schedule  7,  page  150,  line  39,  at end insert—

‘
In section 34 of the 1989 Act (subordinate legislation procedure), in subsection

(2), after “23C” insert “or 23CA”.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

204

Clause  93,  page  46,  line  6,  after ‘a’ insert ‘legally qualified’.