House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

39

House of Commons

Tuesday 22nd January 2008

Public Bill Committee Proceedings

Health and Social Care Bill

[ninth and tenth Sittings]

Clause 91 Agreed to.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Negatived on division  213

Schedule  6,  page  132,  line  4,  leave out ‘If the Secretary of State so determines’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  214

Schedule  6,  page  132,  line  6,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  215

Schedule  6,  page  132,  line  13,  leave out ‘Secretary of State’ and insert ‘OHPA’.

Public Bill Committee Proceedings: 22nd January 2008
40

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Withdrawn  216

Schedule  6,  page  132,  leave out lines 19 to 22.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  217

Schedule  6,  page  133,  line  16,  after ‘keep’, insert ‘auditable’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  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

Not called  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

Not called  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

Not called  221

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

Public Bill Committee Proceedings: 22nd January 2008
41

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  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

Withdrawn  223

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

‘(c)
The regulatory bodies.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Not called  224

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

Mr Ben Bradshaw

Agreed to  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.’.

Schedule, as amended, Agreed to.

Clause 92 Agreed to.

Public Bill Committee Proceedings: 22nd January 2008
42

Health and Social Care Bill, continued

Sandra Gidley

Greg Mulholland

Withdrawn  268

Schedule  7,  page  135,  line  6,  leave out ‘must’ and insert ‘may’.

Mr Ben Bradshaw

Agreed to  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

Agreed to  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

Agreed to  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)”.’.

Mr Ben Bradshaw

Agreed to  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

Agreed to  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

Agreed to  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)
’.

Public Bill Committee Proceedings: 22nd January 2008
43

Health and Social Care Bill, continued

Mr Ben Bradshaw

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  105

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

‘paragraph (a)—

(i)
’.

Mr Ben Bradshaw

Agreed to  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

Agreed to  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

Agreed to  108

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

‘omit sub-paragraphs (3) and (3A),’.

Public Bill Committee Proceedings: 22nd January 2008
44

Health and Social Care Bill, continued

Mr Ben Bradshaw

Agreed to  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—

(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

Public Bill Committee Proceedings: 22nd January 2008
45

Health and Social Care Bill, continued

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

continue to apply to the person.”’.

Mr Ben Bradshaw

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  113

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

      ‘()
In paragraph 9—

(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

Agreed to  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.