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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116
Co-operation between prescribed bodies
(1)
The appropriate Minister may by regulations make provision for or in
connection with requiring a designated body to co-operate with any other
designated body in connection with—
(a)
the sharing of information which relates to the conduct or performance
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of any health care worker and which may show that that worker is
likely to constitute a threat to the health and safety of patients,
(b)
the provision of information in response to requests for information
from any other designated body about the conduct or performance of
any health care worker,
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(c)
the consideration of any issues which arise as a result of the acts
mentioned in paragraphs (a) and (b), and
(d)
the taking of any prescribed steps following such consideration.
(2)
Regulations under this section may make provision requiring a designated
body to disclose the information referred to in subsection (1)(a) and any
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information disclosed under subsection (1)(b) to any other designated body in
prescribed circumstances, or in circumstances where it appears to that body
that the prescribed conditions are satisfied, whether or not the disclosure of
information has been requested.
(3)
Regulations under this section may—
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(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.
(4)
Regulations under this section may require a designated body to have regard
to any guidance given from time to time by the appropriate Minister or any
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other prescribed person.
(5)
In this section—
“the appropriate Minister” means the Secretary of State except that, in
relation to co-operation by a Welsh health body or a Welsh social
services body, it means the Welsh Ministers;
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“designated body” means—
(a)
any body which is a designated body for the purposes of Part
5A of the Medical Act 1983, and
(b)
any other body prescribed for the purposes of this section;
“health care” has the meaning given by section 45A(8) of the Medical Act
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1983 (c. 54);
“health care worker” means—
(a)
any person who is a member of a prescribed profession
concerned with the physical or mental health of individuals, or
(b)
any person who—
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(i)
is employed by a designated body,
(ii)
provides services to a designated body, or
(iii)
is employed by a person who provides services to a
designated body,

for purposes connected with the provision of health care;
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“prescribed” means prescribed by regulations under this section;
“Welsh health body” means—

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(a)
a Welsh NHS body, as defined by section 148 of the Health and
Social Care (Community Health and Standards) Act 2003 (c. 43),
or
(b)
any other person providing or arranging for the provision of
health care in Wales;
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“Welsh social services body” means—
(a)
the council of a county or county borough in Wales, or
(b)
a body engaged in the provision of Welsh local authority social
services, as defined by section 148 of the Health and Social Care
(Community Health and Standards) Act 2003.
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117
Ss. 115 and 116: Crown application
(1)
Sections 115 and 116 bind the Crown.
(2)
No contravention by the Crown of any provision of either of those sections or
regulations made under them makes the Crown criminally liable; but the High
Court may declare unlawful any act or omission of the Crown which
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constitutes such a contravention.
(3)
The provisions of those sections 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 this
subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947
20
(c. 44) (meaning of Her Majesty in her private capacity) were contained in this
Act.
Regulation of social care workforce
118
Regulation of social care workers
(1)
The appropriate Minister may by regulations make provision modifying the
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regulation of social care workers, so far as appears to the appropriate Minister
to be necessary or expedient for the purpose of securing or improving their
regulation or the services which they provide or to which they contribute.
(2)
Schedule 9 (which makes further provision about regulations under this
section) has effect.
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(3)
In this section and that Schedule—
“the appropriate Minister” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Welsh Ministers;
“social care worker” means a person who falls within any of paragraphs
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(a) to (d) of subsection (2) of, or paragraphs (a) to (g) of subsection (3)
of, section 55 of the Care Standards Act 2000 (c. 14) (which sets out the
persons who are, or may by virtue of regulations be treated as, social
care workers for the purposes of Part 4 of that Act).
(4)
The references in subsection (1) to the regulation of social care workers include
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references to—
(a)
the regulation of social care workers of a description in relation to
which no provision for registration for the time being applies,

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(b)
the regulation of those seeking registration as social care workers of any
description or of persons who were, but are no longer, registered as
social care workers of any description, and
(c)
the regulation of activities carried on by persons who are not social care
workers but which are carried on in connection with the activities
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carried on by social care workers.
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Standard of proof in proceedings relating to registration of social care worker
(1)
The standard of proof applicable to any proceedings to which this subsection
applies is that applicable to civil proceedings.
(2)
Subsection (1) applies to any proceedings before a committee of a Council, a
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Council itself or any officer of a Council which relate to a person’s suitability
to be or remain registered as a social care worker of any description.
(3)
In subsection (2)—
(a)
references to a Council are references to the General Social Care
Council or the Care Council for Wales, and
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(b)
“social care worker” has the same meaning as in section 118.
(4)
Regulations under section 118 may not—
(a)
amend this section, or
(b)
make any provision that is inconsistent with subsection (1).
Approved mental health professionals
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120
Education and training of approved mental health professionals
(1)
The appropriate Minister may by regulations make provision modifying the
functions of the General Social Care Council or the Care Council for Wales in
relation to the education and training of persons who are or wish to become
approved mental health professionals.
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(2)
The power to make regulations under subsection (1) may be exercised by
amending, repealing or applying (with or without modifications) any
provision of any enactment and any other instrument or document.
(3)
Paragraphs 4 to 6 and 9 and 10 of Schedule 9 apply to the making of regulations
under subsection (1) as they apply to the making of regulations under section
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118 but as if the references in paragraphs 9 and 10 to social care workers were
references to approved mental health professionals.
(4)
In this section—
“the appropriate Minister” means—
(a)
in relation to the General Social Care Council, the Secretary of
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State, and
(b)
in relation to the Care Council for Wales, the Welsh Ministers;
“approved mental health professional” has the same meaning as in
section 114 of the Mental Health Act 1983 (c. 20);
“functions” includes powers and duties.
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Part 3 — Public health protection
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General
121
Further amendments relating to Part 2
Schedule 10 (which contains further amendments relating to this Part) has
effect.
122
Interpretation of Part 2
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In this Part—
“the 1999 Act” means the Health Act 1999 (c. 8);
“the 2002 Act” means the National Health Service Reform and Health
Care Professions Act 2002 (c. 17);
“enactment” means an enactment contained in, or in an instrument made
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under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, or
(d)
Northern Ireland legislation;
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“the OHPA” means the Office of the Health Professions Adjudicator.
Part 3
Public health protection
123
Public health protection
Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert—
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“Part 2A
Public Health Protection
Introductory
45A
Infection or contamination
(1)
The following provisions have effect for the interpretation of this Part.
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(2)
“Contamination” includes radiation.
(3)
Any reference to infection or contamination is a reference to infection
or contamination which presents or could present significant harm to
human health.
(4)
Any reference to the spread of contamination includes a reference to
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the spread of any source of contamination.
(5)
Any reference to disinfection or decontamination includes a reference
to the removal of any vector, agent or source of the infection or
contamination.
(6)
Related expressions are to be read accordingly.
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