|
| |
|
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 |
| 5 |
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 |
| |
| 10 |
(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 |
| 15 |
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— |
| 20 |
(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 |
| 25 |
| |
| |
“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; |
| 30 |
| |
(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 |
| 35 |
| |
“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 |
| |
| 40 |
(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 |
| |
| |
| for purposes connected with the provision of health care; |
| 45 |
“prescribed” means prescribed by regulations under this section; |
| |
“Welsh health body” means— |
| |
|
| |
|
| |
|
(a) | a Welsh NHS body, as defined by section 148 of the Health and |
| |
Social Care (Community Health and Standards) Act 2003 (c. 43), |
| |
| |
(b) | any other person providing or arranging for the provision of |
| |
| 5 |
“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. |
| 10 |
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 |
| 15 |
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 |
| |
| |
Regulation of social care workforce |
| |
118 | Regulation of social care workers |
| |
(1) | The appropriate Minister may by regulations make provision modifying the |
| 25 |
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 |
| |
| 30 |
(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 |
| 35 |
(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 |
| 40 |
| |
(a) | the regulation of social care workers of a description in relation to |
| |
which no provision for registration for the time being applies, |
| |
|
| |
|
| |
|
(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 |
| 5 |
carried on by social care workers. |
| |
119 | 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 |
| 10 |
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. |
| |
| |
(a) | references to a Council are references to the General Social Care |
| |
Council or the Care Council for Wales, and |
| 15 |
(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 |
| 20 |
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. |
| 25 |
(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 |
| 30 |
118 but as if the references in paragraphs 9 and 10 to social care workers were |
| |
references to approved mental health professionals. |
| |
| |
“the appropriate Minister” means— |
| |
(a) | in relation to the General Social Care Council, the Secretary of |
| 35 |
| |
(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. |
| 40 |
|
| |
|
| |
|
| |
121 | Further amendments relating to Part 2 |
| |
Schedule 10 (which contains further amendments relating to this Part) has |
| |
| |
122 | Interpretation of Part 2 |
| 5 |
| |
“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 |
| 10 |
| |
(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; |
| 15 |
“the OHPA” means the Office of the Health Professions Adjudicator. |
| |
| |
| |
123 | Public health protection |
| |
Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert— |
| 20 |
| |
| |
| |
45A | Infection or contamination |
| |
(1) | The following provisions have effect for the interpretation of this Part. |
| 25 |
(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 |
| |
| |
(4) | Any reference to the spread of contamination includes a reference to |
| 30 |
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 |
| |
| |
(6) | Related expressions are to be read accordingly. |
| 35 |
|
| |
|