Health and Social Care Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 8 — Extension of powers under s. 60 of Health Act 1999
164

other than that regulatory body or any of its committees or officers
or the Office of the Health Professions Adjudicator to exercise that
function.
     (2B)
In sub-paragraphs (1) and (2A) references to a regulatory body do
not include references to the Royal Pharmaceutical Society of
5
Great Britain or the Pharmaceutical Society of Northern Ireland.”
6     (1)
Paragraph 9 (preliminary procedure for making Orders) is amended as
follows.
      (2)
In sub-paragraph (1)(b)—
(a)
for “the profession”, where it first occurs, substitute “any
10
profession”, and
(b)
for “by the profession” substitute “by any profession to be
regulated”.
      (3)
After sub-paragraph (1) insert—
   “(1A)
In the case of a draft Order which amends or repeals—
15
(a)
an enactment contained in an Act of the Scottish
Parliament or in an instrument made under such an Act, or
(b)
any other enactment that extends to Scotland and relates to
matters falling within the legislative competence of the
Scottish Parliament,
20

but does not contain provision of the kind mentioned in sub-
paragraph (3), the persons consulted by the Secretary of State
under sub-paragraph (1)(b) must include the Scottish Ministers.”
      (4)
In sub-paragraph (3) after “that Parliament” insert “and is not merely
incidental to, or consequential on, provision that (if so included) would be
25
outside that competence”.
7
In paragraph 10 (interpretation of the Schedule)—
(a)
before the definition of “Order” insert—
“ “dental practitioner” means a person registered in the
dentists register under the Dentists Act 1984,
30
“enactment” means an enactment contained in, or in an
instrument made under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for
35
Wales, or
(d)
Northern Ireland legislation,
“functions” includes powers and duties,
“medical practitioner” means a registered medical
practitioner as defined by Schedule 1 to the
40
Interpretation Act 1978,”, and
(b)
omit the words from “and other expressions” to the end.
8
In paragraph 11 (which contains further interpretative provisions), in sub-
paragraph (2)—
(a)
in paragraph (c), for “Part 1 of the 1977 Act” substitute “Part 4 of the
45
National Health Service Act 2006 or Part 4 of the National Health
Service (Wales) Act 2006”, and

Health and Social Care Bill
Schedule 9 — Regulation of social care workers
165

(b)
in paragraph (d), for “Part 1 of the 1977 Act” substitute “Part 5 of the
National Health Service Act 2006 or Part 5 of the National Health
Service (Wales) Act 2006”.
9
Omit paragraph 12 (which confers limited powers in relation to the
profession regulated by the Pharmacy (Northern Ireland) Order 1976 (S. I.
5
1976/1213 (N. I. 22))).
Schedule 9
Section 118

Regulation of social care workers
Interpretation
1
In this Schedule—
10
“functions” includes powers and duties;
“regulations” means regulations under section 118;
“the appropriate Council” means—
(a)
in relation to regulations made by the Secretary of State, the
General Social Care Council, and
15
(b)
in relation to regulations made by the Welsh Ministers, the
Care Council for Wales.
Matters generally within the scope of the regulations
2
Regulations may make provision for the following matters (among others)—
(a)
the functions of the appropriate Council;
20
(b)
the keeping of registers of any description of social care worker;
(c)
education and training;
(d)
privileges of registered persons;
(e)
standards of conduct and performance (including standards of
conduct and performance of social care workers carrying out the
25
functions of an approved mental health professional within the
meaning of section 114 of the Mental Health Act 1983 (c. 20));
(f)
discipline;
(g)
removal or suspension from registration or the imposition of
conditions on registration;
30
(h)
investigation and enforcement by or on behalf of the appropriate
Council;
(i)
appeals;
(j)
codes of practice or guidance for persons employing or seeking to
employ social care workers.
35
Manner of exercise of power
3
The power to make regulations may be exercised by amending or repealing
any provision (other than section 55) of the Care Standards Act 2000 (c. 14)
and any other enactment and any other instrument or document.

Health and Social Care Bill
Schedule 9 — Regulation of social care workers
166

4
The power may be exercised so as to make provision for the delegation of
functions, including provision conferring power to make, confirm or
approve subordinate legislation.
5
The power may be exercised so as to make provision—
(a)
for the charging of fees, and
5
(b)
for the making of payments by the appropriate Council.
6
The power may be exercised so as to—
(a)
confer functions (including power to pay grants) on Ministers of the
Crown or, in the case of regulations made by the Welsh Ministers, on
the Welsh Ministers, or
10
(b)
modify their functions.
7
The power may not be exercised so as to create any criminal offence, except
an offence punishable on summary conviction with a fine not exceeding the
amount specified as level 5 on the standard scale.
Matters outside the scope of regulations
15
8     (1)
Regulations may not abolish the General Social Care Council or the Care
Council for Wales.
      (2)
Where the Care Standards Act 2000 (c. 14) provides for any function
mentioned in sub-paragraph (3) to be exercised by either of those Councils
or any of its committees or officers, regulations may not provide for any
20
person other than that Council or any of its committees or officers to exercise
that function.
      (3)
Those functions are—
(a)
keeping the register of social care workers of any description,
(b)
determining standards of education and training required as a
25
condition of registration,
(c)
giving advice about standards of conduct and performance, and
(d)
administering procedures (including making rules) relating to
misconduct, removal from registration and similar matters.
Preliminary procedure for making regulations: England
30
9     (1)
If the Secretary of State proposes to lay a draft of regulations before
Parliament, the Secretary of State must first—
(a)
publish a draft of the regulations, and
(b)
invite representations to be made to the Secretary of State about the
draft by—
35
(i)
persons appearing to the Secretary of State to represent social
care workers affected by the regulations,
(ii)
persons appearing to the Secretary of State appropriate to
represent those provided with services by such social care
workers, and
40
(iii)
any other persons appearing to the Secretary of State
appropriate to consult about the draft.
      (2)
After the end of the period of 3 months beginning with the publication of the
draft, the Secretary of State may lay the draft as published, or that draft with

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2
167

any modifications the Secretary of State considers appropriate, together
with a report about the consultation, before Parliament.
Preliminary procedure for making regulations: Wales
10    (1)
If the Welsh Ministers propose to lay a draft of regulations before the
National Assembly for Wales, the Welsh Ministers must first—
5
(a)
publish a draft of the regulations, and
(b)
invite representations to be made to the Welsh Ministers about the
draft by—
(i)
persons appearing to the Welsh Ministers to represent social
care workers affected by the regulations,
10
(ii)
persons appearing to the Welsh Ministers appropriate to
represent those provided with services by such social care
workers, and
(iii)
any other persons appearing to the Welsh Ministers
appropriate to consult about the draft.
15
      (2)
After the end of the period of 3 months beginning with the publication of the
draft, the Welsh Ministers may lay the draft as published, or that draft with
any modifications they consider appropriate, together with a report about
the consultation, before the National Assembly for Wales.
Schedule 10
20
Section 121

Further amendments relating to Part 2
Provision consequential on section 108(1)
1     (1)
Any reference in any instrument or document to the Council for the
Regulation of Health Care Professionals is to be read, in relation to any time
after the commencement of section 108(1), as a reference to the Council for
25
Healthcare Regulatory Excellence.
      (2)
Any reference in this Act or in any other enactment, instrument or document
to the Council for Healthcare Regulatory Excellence is to be read, in relation
to any time before the commencement of section 108(1), as a reference to the
Council for the Regulation of Health Care Professionals.
30
Public Records Act 1958 (c. 51)
2
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in the table set out in paragraph 3 of that Schedule, for “Council for the
Regulation of Health Care Professionals” substitute “Council for Healthcare
Regulatory Excellence”.
35
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
3
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies in England and Wales to which Act applies), in paragraph 1 for the
paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act
substitute—
40
“(bca)
the Council for Healthcare Regulatory Excellence”.

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2
168

House of Commons Disqualification Act 1975 (c. 24)
4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified), for “The Council for the
Regulation of Health Care Professionals” substitute “The Council for
Healthcare Regulatory Excellence”.
5
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified), for “The Council for
the Regulation of Health Care Professionals” substitute “The Council for
Healthcare Regulatory Excellence”.
10
Race Relations Act 1976 (c. 74)
6
In Part 3 of Schedule 1A to the Race Relations Act 1976 (bodies and other
persons subject to general statutory duty), for “The Council for the
Regulation of Health Care Professionals” substitute “The Council for
Healthcare Regulatory Excellence”.
15
Dentists Act 1984 (c. 24)
7
In section 36A of the Dentists Act 1984 (professions complementary to
dentistry), in subsection (1)(b), for “the Council for the Regulation of Health
Care Professionals” substitute “the Council for Healthcare Regulatory
Excellence”.
20
Health Act 1999 (c. 8)
8
In section 60 of the 1999 Act (regulation of health care and associated
professions), in subsection (1)(c), for “the Council for the Regulation of
Health Care Professionals” substitute “the Council for Healthcare
Regulatory Excellence”.
25
9
In section 62 of the 1999 Act (regulations and orders), for subsection (4)
substitute—
“(4)
Any power under this Act to make Orders in Council or orders—
(a)
may be exercised either in relation to all cases to which the
power extends, or in relation to all cases subject to specified
30
exceptions, or in relation to any specified cases or classes of
case,
(b)
may be exercised so as to make, as respects the cases in
relation to which it is exercised—
(i)
the full provision to which the power extends or any
35
less provision (whether by way of exception or
otherwise),
(ii)
the same provision for all cases in relation to which
the power is exercised, or different provision for
different cases or different classes of case, or different
40
provision as respects the same case or class of case for
different purposes of this Act,
(iii)
any such provision either unconditionally or subject
to any specified condition, and

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2
169

(c)
may, in particular, be exercised so as to make different
provision for different areas.
(4A)
Any such power includes power—
(a)
to make such incidental, supplementary, consequential,
saving or transitional provision (including provision
5
amending, repealing or revoking enactments) as the person
exercising the power considers to be expedient, and
(b)
to provide for a person to exercise a discretion in dealing with
any matter.”
10
In Schedule 3 to the 1999 Act (regulation of health care and associated
10
professions), in paragraph 7(4), for “the Council for the Regulation of Health
Care Professionals” substitute “the Council for Healthcare Regulatory
Excellence”.
Freedom of Information Act 2000 (c. 36)
11
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
15
authorities), for “The Council for the Regulation of Health Care
Professionals” substitute “The Council for Healthcare Regulatory
Excellence”.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
12
For the title to section 25 of the 2002 Act, and for the heading immediately
20
preceding the section, substitute “The Council for Healthcare Regulatory
Excellence”.
13    (1)
Section 25 of the 2002 Act is amended as follows.
      (2)
In subsection (3), for paragraphs (h) and (i) substitute—
“(ga)
the Nursing and Midwifery Council,
25
(gb)
the Health Professions Council, and”.
      (3)
In that subsection, for paragraph (j) substitute—
“(j)
any other regulatory body (within the meaning of Schedule 3
to the 1999 Act) established by an Order in Council under
section 60 of that Act.”
30
      (4)
In subsection (6), omit “and (3)”.
14
For the title to Schedule 7 to the 2002 Act substitute “The Council for
Healthcare Regulatory Excellence”.
Health Act 2006 (c. 28)
15
In section 58 of the Health Act 2006 (which enables the Secretary of State to
35
arrange for appointment functions of the Secretary of State to be exercised
by the Appointments Commission), in subsection (3), for the words from
“chairmen” to the end substitute—
“(a)
chairmen and non-executive members of any of the statutory
bodies listed in Schedule 5, and
40
(b)
non-executive members of the Council for Healthcare
Regulatory Excellence.”
16
In section 60 of the Health Act 2006 (which enables the Privy Council to

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments
170

arrange for its functions relating to the appointment of regulatory bodies to
be exercised by the Appointments Commission), after subsection (2) insert—
“(3)
The Commission is to exercise so much of any function of the Privy
Council relating to the appointment of—
(a)
the chair of the Council for Healthcare Regulatory Excellence,
5
or
(b)
members of the Office of the Health Professions Adjudicator,

as may be specified in a direction given by the Privy Council.”
17
In section 63 of the Health Act 2006 (Appointments Commission to assist
other bodies with appointments), after subsection (6) insert—
10
“(6A)
The Commission may enter into arrangements under subsection (6B)
with the Office of the Health Professions Adjudicator.
(6B)
Arrangements under this subsection are arrangements providing for
the Commission to assist the Office of the Health Professions
Adjudicator in connection with the exercise of its powers relating
15
to—
(a)
the appointment of executive members of the Office of the
Health Professions Adjudicator, or
(b)
the appointment of persons to lists under section 96 of the
Health and Social Care Act 2008 (lists of persons eligible for
20
membership of the OHPA’s fitness to practise panels).”
18
In Schedule 5 to the Health Act 2006 (Appointments Commission: list of
statutory bodies), omit the entry relating to the Council for the Regulation of
Health Care Professionals.
National Health Service Act 2006 (c. 41)
25
19
In section 201 of the National Health Service Act 2006 (disclosure of
information), in subsection (4)(b), for “Council for the Regulation of Health
Care Professionals” substitute “Council for Healthcare Regulatory
Excellence”.
National Health Service (Wales) Act 2006 (c. 42)
30
20
In section 149 of the National Health Service (Wales) Act 2006 (disclosure of
information), in subsection (4)(b), for “Council for the Regulation of Health
Care Professionals” substitute “Council for Healthcare Regulatory
Excellence”.
Schedule 11
35
Section 124

Public health protection: further amendments
Introductory
1
In this Schedule “the 1984 Act” means the Public Health (Control of Disease)
Act 1984 (c. 22).