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
Part 2 — Regulation of health professions and health and social care workforce
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(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.”
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Constitution etc. of Council
5
(1)
Schedule 7 to the 2002 Act (which contains provisions relating to the Council)
is amended as follows.
(2)
For paragraph 4 substitute—
“4
The Council is to consist of—
(a)
a chair appointed by the Privy Council,
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(b)
one non-executive member appointed by the Scottish
Ministers,
(c)
one non-executive member appointed by the Welsh
Ministers,
(d)
one non-executive member appointed by the Department of
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Health, Social Services and Public Safety in Northern Ireland,
(e)
three non-executive members appointed by the Secretary of
State, and
(f)
two executive members appointed in accordance with
paragraph 11.”
20
(3)
In paragraph 6—
(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
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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,”.
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(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
determine.
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      (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.”
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(6)
In paragraph 16 after sub-paragraph (1) insert—
   “(1A)
The report must state—

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce
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(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
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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
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functions or making general recommendations affecting future
cases.”
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
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(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.
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(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
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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
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Department of Health, Social Services and Public Safety in Northern
Ireland.”
(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).

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Part 2 — Regulation of health professions and health and social care workforce
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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
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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
information—
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—
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(a)
members of the public, and
(b)
bodies which appear to the Council to represent the interests of
patients,

on matters relevant to the exercise by it of its functions.”
113
Reference of cases by Council to court
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(1)
Section 29 of the 2002 Act (reference of disciplinary cases by Council to court)
is amended as follows.
(2)
In subsection (1)—
(a)
for paragraph (a) substitute—
“(a)
a direction of—
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(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
registration), or
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(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),”,
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(b)
omit paragraph (c),
(c)
in paragraph (e) omit the words from “(other than a determination” to
the end,
(d)
omit paragraph (f),
(e)
for paragraph (g) substitute—
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“(g)
any step taken—
(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
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Professional Conduct Committee), or

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(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
“(h)
any step taken—
(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),”,
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and
(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.”
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(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
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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
Ireland, and
(c)
in the case of any other person, means the High Court of Justice
in England and Wales.”
(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
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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
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repeal of that provision by this Act as if the words from “, other than a
direction” to the end were omitted.