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Health and Social Care Bill


Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

54

 

(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)

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

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

determine.

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—

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

55

 

(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

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

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.

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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

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

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).

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

56

 

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

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

20

(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—

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

registration), or

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

(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—

40

“(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

45

Professional Conduct Committee), or

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

57

 

(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),”,

15

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.”

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

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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

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.

 
 

 
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