Health and Social Care BIll

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care BIll

9

Clause 129
49
Page 85, line 29, leave out subsection (6) and insert—

“( )
In section 115D of that Act (supply of information by Her Majesty’s

Revenue and Customs), in subsection (1), after “contributions,” insert

“health in pregnancy grant,”.

( )
In section 115E of that Act (supply of information to Her Majesty’s Revenue

and Customs), in subsection (2), after “contributions,” insert “health in

pregnancy grant,”.”
After Clause 134
50
Insert the following new Clause—

“Remuneration for persons providing pharmaceutical services: appointment of

determining authorities

(1)
In section 164 of the National Health Service Act 2006 (c. 41) (remuneration

for persons providing pharmaceutical services)—

(a)
after subsection (4) insert—

“(4A)
An instrument of appointment—

(a)
must be contained in regulations if it provides for

the appointment of a Primary Care Trust or other

person as a determining authority in relation to the

remuneration to be paid to persons who provide

services under section 126, and

(b)
if paragraph (a) does not apply, may be contained in

regulations.”, and

(b)
in subsection (5), omit paragraph (b) and the word “and”

immediately preceding it.

(2)
In section 88 of the National Health Service (Wales) Act 2006 (c. 42)

(remuneration for persons providing pharmaceutical services)—

(a)
after subsection (4) insert—

“(4A)
An instrument of appointment—

(a)
must be contained in regulations if it provides for

the appointment of a Local Health Board or other

person as a determining authority in relation to the

remuneration to be paid to persons who provide

services under section 80, and

(b)
if paragraph (a) does not apply, may be contained in

regulations.”, and

(b)
in subsection (5), omit paragraph (b) and the word “and”

immediately preceding it.”
Before Clause 138
51
Insert the following new Clause—

10


“Human Rights Act 1998: provision of certain social care to be public function

(1)
A person (“P”) who provides accommodation, together with nursing or

personal care, in a care home for an individual under arrangements made

with P under the relevant statutory provisions is to be taken for the

purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998

(c. 42) (acts of public authorities) to be exercising a function of a public

nature in doing so.

(2)
The “relevant statutory provisions” are—

(a)
in relation to England and Wales, sections 21(1)(a) and 26 of the

National Assistance Act 1948 (c. 29),

(b)
in relation to Scotland, section 12 or 13A of the Social Work

(Scotland) Act 1968 (c. 49), and

(c)
in relation to Northern Ireland, Articles 15 and 36 of the Health and

Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/

1265 (N.I. 14)).

(3)
In subsection (1) “care home”—

(a)
in relation to England and Wales, has the same meaning as in the

Care Standards Act 2000 (c. 14), and

(b)
in relation to Northern Ireland, means a residential care home as

defined by Article 10 of the Health and Personal Social Services

(Quality, Improvement and Regulation) (Northern Ireland) Order

2003 (S.I. 2003/431 (N.I. 9)) or a nursing home as defined by Article

11 of that Order.

(4)
In relation to Scotland, the reference in subsection (1) to the provision of

accommodation, together with nursing or personal care, in a care home is

to be read as a reference to the provision of accommodation, together with

nursing, personal care or personal support, as a care home service as

defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8).

(5)
Subsection (1) does not apply to acts (within the meaning of section 6 of the

Human Rights Act 1998 (c. 42)) taking place before the coming into force of

this section.”
Clause 154
52
Page 104, line 25, after “(3)” insert “or (4)”
53
Page 104, line 30, at end insert—

“( )
regulations under section 16 (regulation of regulated activities)

which provide that a contravention of or failure to comply with a

specified provision of the regulations is an offence punishable with

a maximum fine exceeding level 4 on the standard scale,”
54
Page 104, line 32, at end insert—

“( )
regulations under section 83(1)(b) (penalty notices: monetary

amount of the penalty) which make provision for a penalty payable

under a penalty notice to be of an amount which exceeds that equal

to level 4 on the standard scale,”
55
Page 104, line 32, at end insert—

“( )
the first regulations made by the Secretary of State under section

115 (additional responsibilities of responsible officers),”
56
Page 104, line 39, at end insert—

11

“(4)
The Privy Council may not, under section 104 (rules of Office of the Health

Professions Adjudicator), make a statutory instrument approving rules of

the Office of the Health Professions Adjudicator that contain (whether

alone or with other provision) provision for pilot schemes made by virtue

of section 95(4) (legally qualified chairs) unless a draft of the instrument has

been laid before, and approved by a resolution of, each House of

Parliament.”
Clause 155
57
Page 105, line 4, leave out from “provision)” to “unless” in line 6 and insert—

“(a)
the first regulations made by the Welsh Ministers under section 115

(additional responsibilities of responsible officers), or

(b)
regulations under section 118 (regulation of social care workers) or

section 120 (education and training of approved mental health

professionals),”
Clause 156
58
Page 105, line 11, leave out “(responsible officers)” and insert “(additional

responsibilities of responsible officers), other than a statutory rule to which

subsection (2) applies,”
59
Page 105, line 12, at end insert—

“(2)
The Department of Health, Social Services and Public Safety in Northern

Ireland may not make a statutory rule containing (whether alone or with

other provision) the first regulations made by the Department under

section 115 unless a draft of the statutory rule has been laid before, and

approved by a resolution of, the Northern Ireland Assembly.”
Clause 161
60
Page 106, line 27, after “114,” insert “(Dissolution of Hearing Aid Council),”
61
Page 106, line 29, at end insert—

“( )
section (Human Rights Act 1998: provision of certain social care to be

public function) (Human Rights Act 1998: provision of certain social

care to be public function),”
Clause 162
62
Page 107, line 25, at end insert—

“(1A)
Subsection (1)(b) does not apply to section 106 or Schedule 8 (extension of

powers under s. 60 of Health Act 1999).”
Clause 163
63
Page 107, line 43, leave out from second “Schedule” to end of line 2 on page 108 and

insert—

“( )
section (Remuneration for persons providing pharmaceutical services:

appointment of determining authorities)(2) (remuneration for persons

providing pharmaceutical services: appointment of determining

authorities in relation to Wales),”

12
64
Page 108, line 10, leave out “and”
65
Page 108, line 12, at end insert “and

( )
the repeals in the National Health Service (Wales) Act 2006 (c. 42) in

Part 4 of Schedule 15 (and section 158 so far as relating to those

repeals),”
Schedule 1
66
Page 110, line 24, at end insert—

    “( )
The Secretary of State must exercise the powers in sub-paragraph (1) so

as to secure that the knowledge and experience of the members of the

Commission (taken together) includes knowledge and experience

relating to health care, social care and the Mental Health Act 1983

(c. 20).”
Schedule 5
67
Page 131, line 39, leave out “section 25 of”
68
Page 134, line 22, leave out paragraph 48 and insert—

“48
For section 143 of the 2003 Act substitute—

“143
Use by Welsh Ministers of information

(1)
The Welsh Ministers may use any information they obtain, or

documents produced to them, in the course of exercising any

function of the Welsh Ministers referred to in any paragraph of

subsection (2) for the purposes of any function of the Welsh

Ministers referred to in any other paragraph of that subsection.

(2)
The functions of the Welsh Ministers referred to in subsection (1)

are—

(a)
their functions under Chapter 4 of this Part;

(b)
their functions under Chapter 6 of this Part;

(c)
their functions exercisable by virtue of section 5(1)(b) or

8(1) to (3) of the Care Standards Act 2000;

(d)
their functions under section 80 of the Children Act 1989;

(e)
their functions under the Mental Health Act 1983 in their

capacity as the regulatory authority (within the meaning

of that Act);

(f)
any functions exercisable by them by virtue of paragraph

163(1) of Schedule A1 to the Mental Capacity Act 2005.

(3)
References to functions in subsection (2) do not include functions

of making regulations.””
69
Page 138, line 27, at end insert—

“Local Government Act 1999 (c. 27)


In section 25 of the Local Government Act 1999 (co-ordination of

inspections etc.), in subsection (2)(e), for “Commission for Social Care

Inspection” substitute “Care Quality Commission”.”
70
Page 138, line 39, at end insert—

13

“Regulation of Investigatory Powers Act 2000 (c. 23)


In Schedule 1 to the Regulation of Investigatory Powers Act 2000

(surveillance authorisation: relevant authorities), for paragraph 20F

substitute—

“20F The Care Quality Commission.””
71
Page 138, line 39, at end insert—

“Freedom of Information Act 2000 (c. 36)


In Schedule 1 to the Freedom of Information Act 2000 (public

authorities), in Part 6 (other public bodies and offices: general)—

(a)
omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)
at the appropriate place insert—

“The Care Quality Commission.””
72
Page 142, line 9, at end insert—

“Local Government and Public Involvement in Health Act 2007 (c. 28)


In section 227 of the Local Government and Public Involvement in

Health Act 2007 (local involvement networks: annual reports), in

subsection (4), after paragraph (c) insert—

“(ca)
the Care Quality Commission;”.”
Schedule 7
73
Page 153, line 1, leave out “member State” and insert “relevant European State”
74
Page 156, line 34, after “for” insert “the Registrar for him to refer it to”
Schedule 8
75
Page 166, line 34, leave out “and”
76
Page 166, line 38, at end insert “and

(c)
after paragraph (c) insert—

“(ca)
the profession regulated by so much of the

Hearing Aid Council Act 1968 as relates to

dispensers of hearing aids,”.”
77
Page 167, line 21, at end insert—

“
In paragraph 5 (exercise of power so as to confer and modify functions),

in paragraph (a), after “the Scottish Ministers” insert “, a Northern

Ireland department”.”
78
Page 168, line 12, leave out from “to” to end of line 13 and insert “any of the

following—

(a)
the Royal Pharmaceutical Society of Great Britain,

(b)
the Pharmaceutical Society of Northern Ireland, and

(c)
the Hearing Aid Council.”

14

Schedule 9
79
Page 169, line 30, leave out “any description of social care worker” and insert

“social care workers of any description”
80
Page 170, line 42, after “State” insert “appropriate”
81
Page 171, line 16, after “Ministers” insert “appropriate”
Schedule 10
82
Page 174, line 28, at end insert—

“
In section 26 of the 2002 Act (powers and duties of the Council: general),

in subsection (3)(a), after “officer of the body,” insert “or before the Office

of the Health Professions Adjudicator,”.”
83
Page 175, line 33, at end insert—

“National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)


In Part 1 of the Schedule to the National Assembly for Wales

(Disqualification) Order 2006 (bodies of which all members are

disqualified)—

(a)
for “Council for the Regulation of Health Care Professionals”

substitute “Council for Healthcare Regulatory Excellence”, and

(b)
at the appropriate place insert—

“Office of the Health Professions Adjudicator;”.”
Schedule 15
84
Page 194, line 36, at end insert—

“Freedom of Information Act
In Part 6 of Schedule 1—

2000 (c. 36)
(a)
the entry for the Commission for

Healthcare Audit and Inspection, and

(b)
the entry for the Commission for Social

Care Inspection.”

85
Page 195, line 24, at end insert—

“Hearing Aid Council Act 1968
The whole Act.

(c. 50)

Hearing Aid Council
The whole Act.

(Extension) Act 1975 (c. 39)

Supreme Court Act 1981 (c. 54)
In Schedule 5, the entry for the Hearing Aid

Council Act 1968 (c. 50).”

86
Page 196, line 42, at end insert—

“Hearing Aid Council
The whole Act.”

(Amendment) Act 1989 (c. 12)