|
| |
|
(3) | After subsection (2) of that section insert— |
| |
“(2A) | The main objective of the Council in exercising its functions under |
| |
subsection (2)(b) to (d) is to promote the health, safety and well-being |
| |
of patients and other members of the public.” |
| |
109 | Constitution etc. of Council |
| 5 |
(1) | Schedule 7 to the 2002 Act (which contains provisions relating to the Council) |
| |
| |
(2) | For paragraph 4 substitute— |
| |
“4 | The Council is to consist of— |
| |
(a) | a chair appointed by the Privy Council, |
| 10 |
(b) | one non-executive member appointed by the Scottish |
| |
| |
(c) | one non-executive member appointed by the Welsh |
| |
| |
(d) | one non-executive member appointed by the Department of |
| 15 |
Health, Social Services and Public Safety in Northern Ireland, |
| |
(e) | three non-executive members appointed by the Secretary of |
| |
| |
(f) | two executive members appointed in accordance with |
| |
| 20 |
| |
(a) | for paragraph (a) substitute— |
| |
“(a) | the conditions to be fulfilled for appointment as chair or |
| |
other member of the Council,”, |
| |
(b) | in paragraph (b), for “chairman and other members” substitute “chair |
| 25 |
and non-executive members”, and |
| |
(c) | before the “and” at the end of paragraph (b) insert— |
| |
“(ba) | the appointment of a member as deputy chair and the |
| |
circumstances in which that member ceases to hold, or |
| |
may be removed from, office as deputy chair,”. |
| 30 |
(4) | In paragraph 10, for “chairman” (wherever occurring) substitute “chair”. |
| |
(5) | For paragraph 11 substitute— |
| |
“11 (1) | The Council may appoint the executive members referred to in |
| |
paragraph 4(f) on such terms and conditions as the Council may |
| |
| 35 |
(2) | The executive members must be employees of the Council. |
| |
(3) | Any decision of the Council under sub-paragraph (1) must be taken |
| |
by the members appointed under paragraph 4(a) to (e). |
| |
(4) | The Council may appoint such other employees as it considers |
| |
appropriate on such terms and conditions as it may determine.” |
| 40 |
(6) | In paragraph 16 after sub-paragraph (1) insert— |
| |
“(1A) | The report must state— |
| |
|
| |
|
| |
|
(a) | how the Council, in exercising its functions, has promoted |
| |
the health, safety and well-being of patients and other |
| |
members of the public, and |
| |
(b) | how far, in the opinion of the Council, each regulatory body |
| |
has complied with any duty imposed on it to promote the |
| 5 |
health, safety and well-being of such persons.” |
| |
110 | Powers and duties of Council |
| |
In section 26 of the 2002 Act (powers and duties of the Council: general), for |
| |
subsection (4) substitute— |
| |
“(4) | Subsection (3) does not prevent the Council from— |
| 10 |
(a) | taking action under section 28, |
| |
(b) | taking action under section 29 after the regulatory body’s |
| |
proceedings have ended, or |
| |
(c) | investigating particular cases with a view to making general |
| |
reports on the performance by the regulatory body of its |
| 15 |
functions or making general recommendations affecting future |
| |
| |
111 | Powers of Secretary of State and devolved administrations |
| |
(1) | After section 26 of the 2002 Act insert— |
| |
“26A | Powers of Secretary of State and devolved administrations |
| 20 |
(1) | The Secretary of State, the Welsh Ministers, the Scottish Ministers or the |
| |
relevant Northern Ireland department may request the Council for |
| |
advice on any matter connected with a profession appearing to the |
| |
person making the request to be a health care profession; and the |
| |
Council must comply with such a request. |
| 25 |
(2) | The Secretary of State, the Welsh Ministers, the Scottish Ministers or the |
| |
relevant Northern Ireland department may require the Council to |
| |
investigate and report on a particular matter in respect of which the |
| |
Council’s functions are exercisable. |
| |
(3) | The Secretary of State may give directions to the Council as to the |
| 30 |
manner in which the Council exercises its functions. |
| |
(4) | Before giving any directions under subsection (3), the Secretary of State |
| |
must consult the Welsh Ministers, the Scottish Ministers, the relevant |
| |
Northern Ireland department and the Council. |
| |
(5) | In this section “the relevant Northern Ireland department” means the |
| 35 |
Department of Health, Social Services and Public Safety in Northern |
| |
| |
(2) | In section 26 of the 2002 Act (powers and duties of the Council: general), omit |
| |
subsections (7) and (8) (which are superseded by subsection (1) of this section). |
| |
|
| |
|
| |
|
112 | Duty to inform and consult the public |
| |
After section 26A of the 2002 Act insert— |
| |
“26B | Duty to inform and consult the public |
| |
(1) | For the purpose of ensuring that members of the public are informed |
| |
about the Council and the exercise by it of its functions, the Council |
| 5 |
must publish or provide in such manner as it thinks fit information |
| |
about the Council and the exercise of its functions. |
| |
(2) | Nothing in subsection (1) authorises or requires the publication or |
| |
provision of information if the publication or provision of that |
| |
| 10 |
(a) | is prohibited by any enactment, or |
| |
(b) | would constitute or be punishable as a contempt of court. |
| |
(3) | In subsection (2) “enactment” has the same meaning as in Part 2 of the |
| |
Health and Social Care Act 2008. |
| |
(4) | The Council must from time to time seek the views of— |
| 15 |
(a) | members of the public, and |
| |
(b) | bodies which appear to the Council to represent the interests of |
| |
| |
| on matters relevant to the exercise by it of its functions.” |
| |
113 | Reference of cases by Council to court |
| 20 |
(1) | Section 29 of the 2002 Act (reference of disciplinary cases by Council to court) |
| |
| |
| |
(a) | for paragraph (a) substitute— |
| |
| 25 |
(i) | the Health Committee of the Royal |
| |
Pharmaceutical Society of Great Britain under |
| |
article 51 of the Pharmacists and Pharmacy |
| |
Technicians Order 2007 (powers concerning |
| |
| 30 |
(ii) | the Disciplinary Committee of that Society |
| |
under article 52 of that Order (powers |
| |
concerning registration) or under section 80 of |
| |
the Medicines Act 1968 (power to disqualify and |
| |
direct removal from register),”, |
| 35 |
| |
(c) | in paragraph (e) omit the words from “(other than a determination” to |
| |
| |
| |
(e) | for paragraph (g) substitute— |
| 40 |
| |
(i) | by the Professional Conduct Committee of the |
| |
General Osteopathic Council under section 22 of |
| |
the Osteopaths Act 1993 (which relates to action |
| |
to be taken in cases of allegations referred to the |
| 45 |
Professional Conduct Committee), or |
| |
|
| |
|
| |
|
(ii) | by the Health Committee of the General |
| |
Osteopathic Council under section 23 of that Act |
| |
(which relates to action to be taken in cases of |
| |
allegations referred to the Health Committee),”, |
| |
(f) | for paragraph (h) substitute— |
| 5 |
| |
(i) | by the Professional Conduct Committee of the |
| |
General Chiropractic Council under section 22 of |
| |
the Chiropractors Act 1994 (which relates to |
| |
action to be taken in cases of allegations referred |
| 10 |
to the Professional Conduct Committee), or |
| |
(ii) | by the Health Committee of the General |
| |
Chiropractic Council under section 23 of that Act |
| |
(which relates to action to be taken in cases of |
| |
allegations referred to the Health Committee),”, |
| 15 |
| |
(g) | for paragraph (j) substitute— |
| |
“(j) | any corresponding measure taken in relation to a |
| |
member of a profession regulated by the Health |
| |
Professions Order 2001, under that Order.” |
| 20 |
(3) | For subsection (5) substitute— |
| |
“(5) | In subsection (4), the “relevant court” — |
| |
(a) | in the case of a person who (in accordance with the rules |
| |
applying to the body making the relevant decision) was, or was |
| |
required to be, notified of the relevant decision at an address in |
| 25 |
Scotland, means the Court of Session, |
| |
(b) | in the case of a person who (in accordance with the rules |
| |
applying to the body making the relevant decision) was, or was |
| |
required to be, notified of the relevant decision at an address in |
| |
Northern Ireland, means the High Court of Justice in Northern |
| 30 |
| |
(c) | in the case of any other person, means the High Court of Justice |
| |
| |
(4) | In subsection (6) for the words from “four weeks beginning with the last date” |
| |
to the end substitute “40 days beginning with the day which is the last day on |
| 35 |
which the practitioner concerned can appeal against the relevant decision”. |
| |
(5) | Section 29(1)(c) of the 2002 Act has effect until the coming into force of the |
| |
repeal of that provision by this Act as if the words “otherwise than by reason |
| |
of his physical or mental health” were omitted. |
| |
(6) | Section 29(1)(f) of the 2002 Act has effect until the coming into force of the |
| 40 |
repeal of that provision by this Act as if the words from “, other than a |
| |
direction” to the end were omitted. |
| |
|
| |
|