Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
136

Police Act 1996 (c. 16)
63    (1)
Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s
Inspectors of Constabulary) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
5
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 3(2), for paragraph (d) substitute—
“(d)
the Care Quality Commission;”.
      (4)
In paragraph 4—
10
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
Crown Prosecution Service Inspectorate Act 2000 (c. 10)
64    (1)
The Schedule to the Crown Prosecution Service Inspectorate Act 2000
15
(further provision about Her Majesty’s Chief Inspector of the Crown
Prosecution Service) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
20
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
25
Criminal Justice and Court Services Act 2000 (c. 43)
65    (1)
Schedule 1A to the Criminal Justice and Court Services Act 2000 (further
provision about the Inspectorate) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
30
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 3(2)—
(a)
omit paragraph (c), and
(b)
for paragraph (d) substitute—
35
“(d)
the Care Quality Commission;”.
      (4)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
40

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
137

Courts Act 2003 (c. 39)
66    (1)
Schedule 3A to the Courts Act 2003 (further provision about the Inspectors
of Court Administration) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
5
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
10
“(g)
the Care Quality Commission,”.
Public Audit (Wales) Act 2004 (c. 23)
67
In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for
paragraph (c) substitute—
“(c)
the Care Quality Commission,”.
15
68
In section 64 of the Public Audit (Wales) Act 2004 (provision of information
by CHAI)—
(a)
in subsection (1), for “The Commission for Healthcare Audit and
Inspection” substitute “The Care Quality Commission”,
(b)
in subsection (2), for the words from “section 136” to the end
20
substitute “section 72 of the Health and Social Care Act 2008
(disclosure of confidential personal information: offence).”, and
(c)
for subsection (3) substitute—
“(3)
In this section—
“English NHS body” has the meaning given by
25
subsection (1) of section 92 of that Act; and
“cross-border SHA” means a cross-border Special
Health Authority as defined by that subsection.”
Health Act 2006 (c. 28)
69
In section 61 of the Health Act 2006 (Commission to exercise Welsh
30
Ministers’ appointment functions), omit “the Commission for Healthcare
Audit and Inspection or”.
70
In Schedule 5 to the Health Act 2006 (list of statutory bodies referred to in
section 58(3))—
(a)
omit the entry for the Commission for Healthcare Audit and
35
Inspection and the entry for the Commission for Social Care
Inspection, and
(b)
at the appropriate place insert—
“The Care Quality Commission.”
Education and Inspections Act 2006 (c. 40)
40
71    (1)
Paragraph 1 of Schedule 13 to the Education and Inspections Act 2006
(interaction with other authorities) is amended as follows.

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
138

      (2)
In sub-paragraph (2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission, and”.
      (3)
In sub-paragraph (3)(f), for “(2)(f) to (h)” substitute “(2)(g) and (h)”.
5
NHS Redress Act 2006 (c. 44)
72
In section 5 of the NHS Redress Act 2006 (duty to consider potential
application of scheme), in subsection (2), for paragraph (b) substitute—
“(b)
the Care Quality Commission.”.
73
In section 13 of the NHS Redress Act 2006 (duties of co-operation), in
10
subsection (1), for “the Commission for Healthcare Audit and Inspection”
substitute “the Care Quality Commission”.
Schedule 6
Section 93

The Office of the Health Professions Adjudicator
Interpretation
15
1
In this Schedule “the relevant Northern Ireland department” means the
Department of Health, Social Services and Public Safety in Northern Ireland.
Status
2     (1)
The OHPA is not to be regarded as the servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.
20
      (2)
The OHPA’s property is not to be regarded as property of, or property held
on behalf of, the Crown.
General powers
3     (1)
The OHPA may do anything which appears to it to be necessary or
expedient for the purposes of, or in connection with, the exercise of its
25
functions.
      (2)
This includes, in particular, the power to—
(a)
acquire and dispose of land and other property, and
(b)
enter into contracts.
Membership
30
4
The OHPA is to consist of the following members—
(a)
a chair appointed by the Privy Council,
(b)
non-executive members appointed by the Privy Council, and
(c)
executive members appointed in accordance with paragraph 8.

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
139

5
No person may be appointed as a member unless the person satisfies such
requirements as may be prescribed in regulations made by the Privy
Council.
6
A person may be appointed as the chair only if the person (as well as
satisfying any requirements prescribed under paragraph 5)—
5
(a)
has a 10 year general qualification within the meaning of section 71
of the Courts and Legal Services Act 1990 (c. 41),
(b)
is an advocate or solicitor in Scotland of at least 10 years’ standing, or
(c)
is a member of the Bar of Northern Ireland, or a solicitor of the Court
of Judicature of Northern Ireland, of at least 10 years’ standing.
10
7     (1)
The Privy Council must by regulations make provision about the number of
non-executive and executive members.
      (2)
The regulations must provide for there to be—
(a)
at least one but no more than three non-executive members, and
(b)
at least one but no more than three executive members.
15
      (3)
The regulations may not provide for the number of executive members to be
greater than the number of non-executive members.
8     (1)
The first executive members are to be appointed by the Privy Council.
      (2)
Subsequent appointments of executive members are to be made by the
OHPA.
20
      (3)
The executive members must be employees of the OHPA.
      (4)
Sub-paragraph (3) is to be taken to be complied with in relation to the first
executive members appointed under sub-paragraph (1) if they are employed
by the OHPA as soon as practicable after being appointed.
9
Each of the members mentioned in paragraph 4(a) to (c)—
25
(a)
holds and vacates office in accordance with the terms of the
member’s appointment, and
(b)
may be removed from office by the Privy Council on the grounds of
incapacity or misbehaviour.
10    (1)
Subject to sub-paragraph (2), the terms of a member’s appointment are to be
30
determined by the person making the appointment.
      (2)
The terms of appointment of an executive member appointed by the OHPA
are to be determined by the Privy Council in so far as the terms relate to
tenure of office or suspension from office.
Procedure
35
11
The OHPA may regulate its own procedure.
12
The validity of proceedings of the OHPA is not affected—
(a)
by any vacancy in its membership,
(b)
by any defect in the appointment of a member, or
(c)
by any person—
40
(i)
acting as a member even though ineligible for appointment
when purportedly appointed, or
(ii)
acting as a member after having ceased to be a member.

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
140

Members’ interests
13    (1)
The OHPA must establish and maintain a system for the declaration and
registration of private interests of its members.
      (2)
The OHPA must publish entries recorded in the register of members’
interests.
5
Remuneration and allowances
14    (1)
The OHPA must pay to its chair, or to any other member, such remuneration
and allowances as the Secretary of State may determine.
      (2)
If the Secretary of State so determines, the OHPA must pay or make
provision for the payment of such pension, allowances or gratuities as the
10
Secretary of State may determine to or in respect of a person who is or has
been the chair or any other member of the OHPA.
      (3)
If the Secretary of State determines that there are special circumstances that
make it right for a person ceasing to hold office as chair of the OHPA to
receive compensation, the OHPA must—
15
(a)
pay to that person, or
(b)
make provision for the payment to that person of,

such compensation as the Secretary of State may determine.
Amendment of Superannuation Act 1972 (c. 11)
15
In Schedule 1 to the Superannuation Act 1972 (kinds of employment in
20
relation to which pension schemes may be made), at the appropriate place
in the list of “Other Bodies” insert the following entry—
“The Office of the Health Professions Adjudicator.”
16
The OHPA must pay to the Minister for the Civil Service, at such times as
the Minister may direct, such sums as the Minister may determine in respect
25
of any increase attributable to paragraph 15 in the sums payable out of
money provided by Parliament under the Superannuation Act 1972.
Employees
17    (1)
The OHPA may appoint such employees (in addition to the executive
members) as it considers appropriate on such terms and conditions as it may
30
determine.
      (2)
Without prejudice to its other powers, the OHPA may pay, or make
provision for the payment of—
(a)
pensions, allowances and gratuities, or
(b)
compensation for loss of employment or reduction of remuneration,
35

to or in respect of its employees.
Payments and loans to the OHPA
18    (1)
The Secretary of State may make payments to the OHPA of such amounts,
at such times and on such conditions (if any) as the Secretary of State
considers appropriate.
40

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
141

      (2)
The relevant Northern Ireland department may make payments to the
OHPA of such amounts, at such times and on such conditions (if any) as it
considers appropriate.
      (3)
The Secretary of State may make loans to the OHPA on such terms
(including terms as to repayment and interest) as the Secretary of State may
5
determine.
      (4)
The approval of the Treasury is required as to the amount and terms of any
loan under sub-paragraph (3).
      (5)
The relevant Northern Ireland department may make loans to the OHPA on
such terms (including terms as to repayment and interest) as it may
10
determine.
      (6)
The approval of the Department of Finance and Personnel in Northern
Ireland is required as to the amount and terms of any loan under sub-
paragraph (5).
      (7)
Except as provided by sub-paragraphs (3) and (5), the OHPA has no power
15
to borrow money.
      (8)
The Secretary of State may give directions to the OHPA as to the application
of any sums received by it under sub-paragraph (1) or (3).
      (9)
The relevant Northern Ireland department may give directions to the OHPA
as to the application of any sums received by it under sub-paragraph (2) or
20
(5).
     (10)
The OHPA must comply with any directions under sub-paragraph (8) or (9).
Accounts
19    (1)
The OHPA must keep accounts in such form as the Secretary of State may
determine.
25
      (2)
The OHPA must prepare annual accounts in respect of each financial year in
such form as the Secretary of State may determine.
      (3)
The OHPA must send copies of the annual accounts to—
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General,
30

within such period after the end of the financial year to which the accounts
relate as the Secretary of State may determine.
      (4)
Within that period the OHPA must also send copies of the annual accounts
to the relevant Northern Ireland department.
      (5)
The Comptroller and Auditor General must examine, certify and report on
35
the annual accounts and must lay copies of the accounts, and of the report
on them, before Parliament.
      (6)
A copy of the accounts must be laid before the Northern Ireland Assembly
by the relevant Northern Ireland department.
      (7)
In this paragraph and paragraph 20, “financial year” means—
40
(a)
the period beginning with the day on which the OHPA is established
and ending with the next 31 March following that day, and
(b)
each successive period of 12 months ending with 31 March.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
142

Reports
20    (1)
The OHPA must prepare a report on the exercise of its functions during each
financial year.
      (2)
As soon as possible after the end of the financial year the OHPA must send
copies of the report to—
5
(a)
the Secretary of State, and
(b)
the relevant Northern Ireland department.
      (3)
A copy of the report must be laid—
(a)
before Parliament, by the Secretary of State, and
(b)
before the Northern Ireland Assembly, by the relevant Northern
10
Ireland department.
      (4)
The Privy Council may give directions to the OHPA as to the matters to be
dealt with in the report.
Seal and evidence
21
The application of the seal of the OHPA must be authenticated by the
15
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.
22
A document—
20
(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 7
25
Section 94

Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1
Amendments of Medical Act 1983
1
In this Part of this Schedule “the 1983 Act” means the Medical Act 1983
(c. 54).
30
2     (1)
Section 1 of the 1983 Act (the General Medical Council) is amended as
follows.
      (2)
In subsection (3) omit paragraphs (b) and (f).
      (3)
In subsection (3A) for “(a) to (f)” substitute “(a), (c), (d) and (e)”.
3
In section 29C of the 1983 Act (referral to the Investigation Committee), in
35
subsection (2)(b), for “a Fitness to Practise Panel, by such a Panel” substitute
“the Adjudicator, by the Adjudicator”.