Health and Social Care Bill

House of Commons

Session 2007 - 08
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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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Conduct and performance of medical practitioners and other health care workers
114
Responsible officers and their duties relating to medical profession
After Part 5 of the Medical Act 1983 (c. 54) insert—
“Part 5A
Responsible Officers
5
45A
Requirement to nominate or appoint responsible officer
(1)
The appropriate authority may by regulations make provision for or in
connection with requiring designated bodies to nominate or appoint
persons who are to have such responsibilities as may be conferred on
them by virtue of section 45B.
10
(2)
A person who is so nominated or appointed by a designated body is to
be known as its responsible officer (but this is subject to any provision
made by virtue of subsection (5)(e)).
(3)
In this Part “designated body” means—
(a)
a body falling within any description of bodies prescribed for
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the purposes of this section, or
(b)
any other body prescribed for those purposes.
(4)
The descriptions of bodies, or particular bodies, that may be so
prescribed are descriptions of bodies, or particular bodies, appearing to
the appropriate authority—
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(a)
to provide, or arrange for the provision of, health care, or
(b)
to employ or contract with medical practitioners.
(5)
Regulations under this section may make provision—
(a)
for conditions that must be satisfied in relation to a person if
that person is to be nominated or appointed as, or remain as, a
25
responsible officer of a designated body,
(b)
authorising or requiring a designated body to nominate or
appoint more than one responsible officer,
(c)
for a single person to be nominated or appointed as the
responsible officer for each of two or more designated bodies
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where those bodies are satisfied as to the prescribed matters,
(d)
requiring a designated body that has a responsible officer to
provide to the officer, or, if that designated body does not
employ the officer, to the employer of the officer, funds and
other resources necessary for enabling the officer to discharge
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the officer’s prescribed responsibilities as a responsible officer
for the designated body,
(e)
for the persons nominated or appointed as mentioned in
subsection (1) to be known by such name as is prescribed, and
(f)
for making such amendments of any enactment as appear to the
40
appropriate authority to be required in connection with any
provision made by virtue of paragraph (e).
(6)
The conditions imposed under subsection (5)(a) may in particular
include a requirement for the designated body to consult the General

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Council before nominating or appointing any person as a responsible
officer for the body.
(7)
Regulations under this section may in prescribed cases provide that a
responsible officer for a designated body is to be nominated by the
appropriate authority instead of the designated body.
5
(8)
In this section—
“enactment” includes any provision of, or any instrument made
under, Northern Ireland legislation;
“health care” means services provided to individuals for or in
connection with the prevention, diagnosis or treatment of
10
illness;
“illness” has the same meaning as in section 25(1) of the Health Act
2006.
45B
Responsibilities of responsible officer
(1)
Regulations under section 45A may make provision for or in
15
connection with—
(a)
conferring on the responsible officer or officers for a designated
body responsibilities relating to the evaluation of the fitness to
practise of medical practitioners having a prescribed connection
with that body, and
20
(b)
requiring a responsible officer for a designated body to co-
operate with the General Council, any of its committees, or any
persons authorised by the General Council, in connection with
the exercise by any of them of functions under Part 3A or 5 of
this Act.
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(2)
Where a designated body has more than one responsible officer,
regulations under section 45A may make provision for or in connection
with the division of prescribed responsibilities among those officers,
including provision for the division to be determined by the designated
body.
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(3)
The power by virtue of subsection (1)(a) to prescribe the connection
between a medical practitioner and a designated body includes, in
particular, power to prescribe a connection based on any of the
following circumstances—
(a)
the practitioner being employed by the designated body,
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(b)
the practitioner providing services to the designated body,
(c)
the practitioner being employed by a person who provides
services to the designated body,
(d)
the practitioner providing services in the geographical area in
relation to which the designated body exercises functions in
40
relation to the provision of the health service, or
(e)
the practitioner being employed by or providing services to, or
pursuant to arrangements made by, a body which is located in
the geographical area in relation to which the designated body
exercises functions in relation to the provision of the health
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service but is not itself a designated body.
(4)
A designated body may confer on any of its responsible officers such
powers as it considers appropriate to enable the officer to discharge any

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of the officer’s prescribed responsibilities as a responsible officer for the
body.
(5)
If a designated body requires any of its responsible officers to carry out
any functions other than the officer’s prescribed responsibilities, it
must in doing so have regard to the officer’s prescribed responsibilities.
5
(6)
In this section “the health service” means—
(a)
the health service as defined by section 275(1) of the National
Health Service Act 2006 or section 206(1) of the National Health
Service (Wales) Act 2006,
(b)
the health service as defined by section 108(1) of the National
10
Health Service (Scotland) Act 1978, or
(c)
any of the health services under any enactment which extends
to Northern Ireland and which corresponds to section 1(1) of the
National Health Service Act 2006.
45C
Regulations under section 45A: further provisions
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(1)
Regulations under section 45A may—
(a)
create offences punishable on summary conviction by a fine not
exceeding level 5 on the standard scale, and
(b)
create other procedures for enforcing any provisions of the
regulations.
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(2)
Regulations under section 45A may require a designated body or a
responsible officer to have regard to any guidance given from time to
time by the appropriate authority or any other prescribed person in
relation to the nomination or appointment of responsible officers or
their prescribed responsibilities.
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(3)
Regulations under section 45A may make provision requiring—
(a)
a body which employs, or is provided with services by, a
medical practitioner, or which arranges for others to be
provided with services by a medical practitioner, but which is
not a designated body, or
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(b)
a medical practitioner,

to provide, to the responsible officer with prescribed responsibilities
relating to that medical practitioner or to the designated body for which
the officer is a responsible officer or, if that designated body does not
employ the responsible officer, to the employer of the officer, funds and
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other resources necessary for enabling the responsible officer to
discharge the officer’s prescribed responsibilities relating to that
medical practitioner.
(4)
Regulations under section 45A may make provision for or in
connection with requiring prescribed persons to supply information or
40
produce documents to a responsible officer in connection with the
discharge of the prescribed responsibilities of the responsible officer.
45D
Crown application
(1)
This Part binds the Crown.
(2)
No contravention by the Crown of any provision of this Part or
45
regulations made under this Part makes the Crown criminally liable;
but the High Court (or, in Scotland, the Court of Session) may declare

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unlawful any act or omission of the Crown which constitutes such a
contravention.
(3)
The provisions of this Part apply to persons in the service of the Crown
as they apply to other persons.
(4)
Nothing in this section affects Her Majesty in her private capacity; and
5
this subsection is to be read as if section 38(3) of the Crown Proceedings
Act 1947 (meaning of Her Majesty in her private capacity) were
contained in this Act.
45E
Regulations under section 45A: supplementary provisions
(1)
The power of the Secretary of State to make regulations under section
10
45A is exercisable by statutory instrument.
(2)
Before making any regulations under section 45A, the Secretary of State
must consult—
(a)
the Scottish Ministers, if the regulations extend to Scotland, and
(b)
the Welsh Ministers, if the regulations apply to Wales.
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(3)
A statutory instrument containing regulations made by the Secretary of
State under section 45A is subject to annulment in pursuance of a
resolution of either House of Parliament.
(4)
The power of the Department of Health, Social Services and Public
Safety in Northern Ireland to make regulations under section 45A is
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exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979.
(5)
A statutory rule containing regulations made by the Department of
Health, Social Services and Public Safety in Northern Ireland under
section 45A is subject to negative resolution within the meaning of
25
section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(6)
Regulations under section 45A may make different provision for
different cases.
45F
Interpretation of Part 5A
In this Part—
30
“the appropriate authority” means—
(a)
in relation to England and Wales or Scotland, the
Secretary of State, or
(b)
in relation to Northern Ireland, the Department of
Health, Social Services and Public Safety in Northern
35
Ireland;
“designated body” has the meaning given by section 45A(3);
“prescribed” means prescribed by regulations under section 45A.”
115
Additional responsibilities of responsible officers: England and Wales and
Northern Ireland
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(1)
Regulations under this section may confer on a responsible officer nominated
or appointed for the purposes of regulations under section 45A of the Medical
Act 1983 (c. 54) (requirement to nominate or appoint responsible officer)
additional responsibilities that relate to—

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(a)
the entry by the designated body into contracts of employment with
medical practitioners or into contracts for the provision of services by
such practitioners,
(b)
the monitoring of the conduct or performance of medical practitioners
who have a prescribed connection with the designated body, or
5
(c)
ensuring that appropriate action is taken in response to concerns about
such conduct or performance,

but do not relate to the regulation under that Act of the medical profession.
(2)
Subject to subsection (3), the power to make regulations under this section is
exercisable—
10
(a)
in relation to England, by the Secretary of State,
(b)
in relation to Wales, by the Welsh Ministers, or
(c)
in relation to Northern Ireland, by the Department of Health, Social
Services and Public Safety in Northern Ireland.
(3)
In relation to cross-border bodies, the power to make regulations under this
15
section is exercisable by the Secretary of State after consultation with the Welsh
Ministers.
(4)
For the purposes of this section a “cross-border body” is a body which—
(a)
performs (and only performs) functions in respect of England and
Wales, and
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(b)
does not perform functions mainly in respect of England or mainly in
respect of Wales.
(5)
Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983
(c. 54) (provisions that may be included in regulations under section 45A of
that Act and responsibilities of responsible officers) apply in relation to
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regulations under this section as they apply in relation to regulations under
section 45A of that Act but as if—
(a)
references to prescribed responsibilities were references to
responsibilities conferred by regulations under this section,
(b)
the reference in section 45B(2) to regulations under section 45A were a
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reference to regulations under this section, and
(c)
the reference in section 45B(3) to subsection (1)(a) of that section were a
reference to subsection (1)(b) of this section.
(6)
Subject to subsection (7), regulations under this section may require a
designated body or a responsible officer to have regard to any guidance given
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from time to time by the Secretary of State, the Welsh Ministers or the
Department of Health, Social Services and Public Safety in Northern Ireland (as
the case may be), or by any other person prescribed by the regulations, in
relation to responsibilities conferred on responsible officers by the regulations.
(7)
In relation to cross-border bodies, the reference in subsection (6) to the
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Secretary of State is to be read as a reference to the Secretary of State after
consultation with the Welsh Ministers.
(8)
Expressions used in this section and in Part 5A of the Medical Act 1983
(responsible officers) have the same meaning in this section as in that Part.