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Explanatory Notes
House of Commons
Session 2007-08
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Other Bills before Parliament
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Index to Health And Social Care Bill
INTRODUCTION
BACKGROUND AND SUMMARY
Part 2 - Regulation of Health Professions and Health and Social Care Workforce
Part 3 - Public Health Protection
Part 4 - Health in Pregnancy Grant
Part 5 - Miscellaneous
Pharmaceutical services
Indemnity schemes in connection with provision of health services
Weighing and measuring of children
Direct payments in lieu of social care services
Abolition of maintenance liability of relatives
Ordinary residence for certain purposes of National Assistance Act 1948 etc.
Financial assistance related to provision of health or social care services
National Information Governance Board for Health and Social Care
Functions of the Health Protection Agency in relation to biological substances
Part 6 - General
OVERVIEW OF THE STRUCTURE
TERRITORIAL EXTENT
Regulation of Health Professions and Health and Social Care Workforce
Public Health Protection
Health in Pregnancy Grant
Amendments relating to National Health Service
Weighing and measuring of children
Social care
Financial assistance related to provision of health or social care services
National Information Governance Board for Health and Social Care
Functions of the Health Protection Agency in relation to biological substances
Consent of the Scottish Parliament
Territorial application: Wales
Regulation of Health Professions and Health and Social Care Workforce
Public Health Protection
Weighing and measuring of children: Wales
Social Care
National Information Governance Board for Health and Social Care
PART 1 - THE CARE QUALITY COMMISSION
Schedule 1: The Care Quality Commission
Clause 2: The Commission's functions
Clause 3: Transfers of property, rights and liabilities
Schedule 2: Transfers of property and staff etc.
CHAPTER 2 - REGISTRATION IN RESPECT OF PROVISION OF HEALTH OR SOCIAL CARE
Clauses 6-8: Registration of persons carrying on regulated activities
Registration of managers
Further provision about registration as a service provider or manager
Clauses 13 and 14: Cancellation / suspension of registration
Clause 15: Applications by registered persons
Regulation, code of practice and guidance
Registration procedure
Clause 24: Notice of decisions
Clause 25: Warning notice
Clause 26: Urgent procedure for cancellation
Clause 27: Urgent procedure for suspension or variation
Clause 28: Appeals to the Tribunal
Offences
Information to be available to public
Miscellaneous
Clauses 36-38: Miscellaneous
Clause 39: Power to modify Chapter in relation to newly regulated activities
CHAPTER 3 - QUALITY OF HEALTH AND SOCIAL CARE
Reviews and investigations
Clause 43: Frequency and period of review
Clause 44: Special reviews and investigations
Clause 45: Power to extend periodic review function
Clause 46: Failings by English local authorities
Clause 47: Failings by Welsh NHS bodies
CHAPTER 4 - FUNCTIONS UNDER THE MENTAL HEALTH ACT 1983
CHAPTER 5 - FURTHER FUNCTIONS
Clause 50: Studies as to economy, efficiency etc.
Clause 51: Publication of results of studies under s.50
Clause 52 Role of the Audit Commission
Clause 53: Reviews of data, studies, and research
Clause 54: Publication of information
Clause 55: Additional functions
CHAPTER 6 - MISCELLANEOUS AND GENERAL
Powers of entry etc.
Interaction with other authorities
Schedule 4: Interaction with other authorities
Clause 63: Co-ordination of reviews or assessments
Clause 64: Co-operation between the Commission and Welsh Ministers
Clause 65: Co-operation between the Commission and the Independent Regulator of NHS Foundation Trusts
Clause 66: Provision of material to the Comptroller and Auditor General
Clauses 67 and 68: Arrangements with Ministers
Inquiries
Information
Clause 72: Use of information etc.
Clause 73: Permitted disclosures
Clause 74: Code of practice on confidential personal information
Miscellaneous
Clause 76: Failure by the Commission in discharge of its functions
Clause 77: Reports for each financial year etc.
Clause 78: Reports and information
Fees
Enforcement
Clause 82: Guidance by the Commission in relation to enforcement action
Clause 83: Publication of information relating to enforcement action etc.
Clause 84: Proceedings for offences
Clause 85: Offences by bodies corporate
Service of documents
Further amendments relating to Part 1
Interpretation
PART 2 - REGULATION OF HEALTH PROFESSIONS AND HEALTH AND SOCIAL CARE WORKFORCE
Schedule 6: The Office of the Health Professions Adjudicator
Clause 86: Unincorporated associations
Clause 92: Functions under Medical Act 1983 and Opticians Act 1989
Schedule 7
Clause 93: Fitness to practise panels
Clause 94: Lists of persons eligible for membership of fitness to practise panels
Clause 95: Further provisions about listed persons
Clause 96: Legal assessors
Clause 97: Clinical and other specialist advisers
Clause 98: Procedural rules
Clause 99: Administration of oaths and issuing of witness summonses etc
Clause 100: Duty to inform the public
Clause 101: Duty to consult
Clause 102: OHPA rules: supplementary
Amendments of Part 3 of Health Act
Schedule 8: Extension of powers under s.60 of Health Act 1999
Clause 104: Standard of proof in fitness to practise proceedings
Council for Healthcare Regulatory Excellence
Clause 106: Constitution etc of the Council
Clause 107: Powers of Secretary of State and devolved administrations
Clause 108: Duty to inform and consult the public
Clause 109: Reference of cases by Council to court
Conduct and performance of medical practitioners and other health care workers
New section 45A of the Medical Act 1983 - requirement to nominate or appoint responsible officer
New section 45B of the Medical Act 1983 - responsibilities of responsible officer
New section 45C of the Medical Act 1983 - further provisions
New section 45D of the Medical Act 1983 - Crown application
New section 45E of the Medical Act 1983 - regulations under section 45A: supplementary provisions
New section 45F of the Medical Act 1983 - Interpretation of Part 5A
Clause 111: Additional responsibilities of responsible officers: England and Wales and Northern Ireland
Clause 112: Co-operation between prescribed bodies
Clause 113: Crown application
Regulation of social care workforce
Schedule 9: Regulation of social care workers
Clause 115: Standard of proof in proceedings relating to registration of social care worker
Approved mental health professionals
PART 3 - PUBLIC HEALTH PROTECTION
Clause 120: Further amendments relating to public health protection
Schedule 11: Public health protection: further amendments
PART 4 - HEALTH IN PREGNANCY GRANT
Clause 122: Administration
Clause 123: Penalty
Northern Ireland
Clause 125: Administration: Northern Ireland
Clause 126: Penalty: Northern Ireland
Clause 127: Health in pregnancy grant to be excepted matter
Clause 128: General and supplementary
PART 5 - MISCELLANEOUS
Clause 130 and Schedule 12: Pharmaceutical services
Clause 131: Indemnity schemes in connection with provision of health services
Weighing and measuring of children
Social care
Clause 135 and Schedule 13: Abolition of maintenance liability of relatives
Clause 136: Ordinary residence for certain purposes of National Assistance Act 1948 etc.
Financial assistance related to provision of health or social care services
Clauses 139 and 140: Forms of assistance under s.137; Terms on which assistance under s.137 is given
Clause 141: Directions to certain NHS bodies
Clause 142: Arrangements with other third parties
Clause 143: Power to form a company
Clause 144: Interpretation of group of sections
National Information Governance Board for Health and Social Care
Functions of Health Protection Agency in relation to biological substances
PART 6 - GENERAL
Clause 150: Orders and regulations: Parliamentary control
Clause 151: Orders and regulations: control by National Assembly for Wales
Clause 152: Regulations: control by Northern Ireland Assembly
Clause 153: Directions
Clause 154: Repeals
Clause 155: Power to make transitional and consequential provision etc.
Clause 157: Extent
Clause 159: The appropriate authority by whom commencement order is made
Clause 160: Consultation in relation to commencement
PUBLIC SECTOR FINANCIAL COST IMPLICATIONS
Part 2 - Regulation of Health Professions and Health and Social Care Workforce
Part 3 - Public Health Protection
Part 4 - Health in Pregnancy Grant
Part 5 - Miscellaneous
Indemnity schemes in connection with provision of health services
Weighing and measuring of children: England
Social Care
Financial assistance related to provision of health or social care services
National Information Governance Board
PUBLIC SECTOR MANPOWER IMPLICATIONS
Health in Pregnancy Grant
Financial assistance related to provision of health or social care services
SUMMARY OF IMPACT ASSESSMENTS
The Care Quality Commission
Regulation of Health Professions and Health and Social Care Workforce
Public Health Protection
Amendments relating to National Health Service
Social Care
Financial assistance related to provision of health or social care services
EUROPEAN CONVENTION ON HUMAN RIGHTS
Part 1 (the Care Quality Commission)
Part 2 (regulation of health professions and health and social care workforce)
Part 3 (public health protection)
Part 5 (Weighing and measuring of children)
Section 19 of the Human Rights Act 1998
© Parliamentary copyright 2007
Prepared: 16 November 2007