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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

63

 

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

any health care worker,

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

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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;

30

“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

35

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—

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

designated body,

   

for purposes connected with the provision of health care;

45

“prescribed” means prescribed by regulations under this section;

“Welsh health body” means—

 
 

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

64

 

(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;

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

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.

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

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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

40

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,

 
 

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

65

 

(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

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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

30

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.

40

 
 

Health and Social Care Bill
Part 3 — Public health protection

66

 

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

5

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

10

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—

20

“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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