|
| |
|
other than that regulatory body or any of its committees or officers |
| |
or the Office of the Health Professions Adjudicator to exercise that |
| |
| |
(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 |
| |
| |
(2) | In sub-paragraph (1)(b)— |
| |
(a) | for “the profession”, where it first occurs, substitute “any |
| 10 |
| |
(b) | for “by the profession” substitute “by any profession to be |
| |
| |
(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 |
| |
| 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 |
| |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | a Measure or Act of the National Assembly for |
| 35 |
| |
(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- |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
Regulation of social care workers |
| |
| |
| 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 |
| |
| |
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)); |
| |
| |
(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 |
| |
| |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| 20 |
| |
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 |
| |
| 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 |
| |
| 40 |
“(bca) | the Council for Healthcare Regulatory Excellence”. |
| |
|
| |
|
| |
|
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 |
| |
| 20 |
| |
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 |
| |
| 25 |
9 | In section 62 of the 1999 Act (regulations and orders), for subsection (4) |
| |
| |
“(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
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 |
| |
| 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”. |
| |
| |
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 |
| |
| |
16 | In section 60 of the Health Act 2006 (which enables the Privy Council to |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
| |
| 35 |
| |
Public health protection: further amendments |
| |
| |
1 | In this Schedule “the 1984 Act” means the Public Health (Control of Disease) |
| |
| |
|
| |
|