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Make provision for the appointment, functions and powers of independent |
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Support Officers for NHS employees who wish to make certain disclosures in |
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the public interest; to place a duty on NHS trusts and others to co-operate with |
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such Support Officers; to make consequential amendments to the Public |
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Interest Disclosure Act 1998; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Requirement to appoint Independent Support Officers |
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(1) | The Secretary of State must by regulations make provision for the appointment |
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of persons to carry out the functions specified in section 2. |
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(2) | A person who is appointed in accordance with this section is to be known as an |
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Independent Support Officer. |
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2 | Functions of Independent Support Officers |
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(1) | The responsibilities of an Independent Support Officer are— |
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(a) | to provide health care workers with an accessible and independent |
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listening, advisory and support service, to be used when the health care |
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worker considers that existing means of complaint or redress available |
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to them are not appropriate, in relation to the disclosure of concerns |
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(i) | the conduct or performance of any other health care worker; |
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(ii) | the safety, performance or efficacy of the health service or any |
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part of the health service, including the quality of care received |
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(b) | to pursue appropriate action to protect the health and safety of the |
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public in response to any concerns that are raised under paragraph (a). |
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(2) | Without prejudice to the generality of subsection (1)(b), appropriate action |
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(a) | carrying out an investigation into the validity and seriousness of any |
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concerns disclosed by a health care worker; or |
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(b) | referring concerns raised by a health care worker to any person or body |
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that the Independent Support Officer considers appropriate. |
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3 | Independence, qualifications and other provisions |
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Regulations under section 1 must— |
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(a) | specify the conditions that must be satisfied by a person in order to be |
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eligible for appointment as an Independent Support Officer |
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(i) | a requirement for an appointed person to be independent from |
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the health service or any part of the health service to which their |
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(ii) | the minimum qualifications and experience that are necessary; |
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(b) | ensure that Independent Support Officers are appointed in sufficient |
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numbers and locations in order to be easily accessible to all health care |
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(c) | ensure that Independent Support Officers are provided with sufficient |
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powers, funds and other resources necessary to discharge their |
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functions under this Act; |
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(d) | specify the circumstances in which an Independent Support Officer is |
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permitted or required to share information obtained in the course of |
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fulfilling their functions; |
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(e) | make such amendments of any enactment as appear to the Secretary of |
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State to be appropriate in consequence of any provision made under |
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4 | Duty to co-operate with Independent Support Officers |
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(1) | The Secretary of State must by regulations make provision for and in |
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connection with requiring designated bodies to co-operate with Independent |
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(2) | A body must be designated under subsection (1) where it— |
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(a) | manages any part of the health service; |
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(b) | employs a health care worker; |
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(c) | regulates a health care worker; or |
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(d) | regulates the employer of a health care worker. |
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(3) | The duty to co-operate may include an obligation at the request of an |
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Independent Support Officer— |
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(a) | to arrange for a senior officer of the designated body to attend a |
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meeting with an Independent Support Officer for the purpose of |
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discussing concerns disclosed by a health care worker; |
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(b) | to share information about— |
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(i) | the conduct or performance of any health care worker; or |
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(ii) | the safety, performance or efficacy of the health service or any |
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part of the health service, including the quality of care received |
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(c) | to provide a written response outlining the action being taken as a |
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result of a referral being made to the designated body by an |
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Independent Support Officer under sections 2(1)(b) or 2(2) of this Act. |
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Before making regulations under this Act, the Secretary of State must consult |
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and seek the participation of— |
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(a) | the General Medical Council; |
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(b) | the Nursing and Midwifery Council; |
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(c) | the Health Professions Council; |
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(d) | the National Patient Safety Agency; |
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(e) | the Care Quality Commission; |
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(f) | the NHS Confederation; |
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(g) | such other persons or bodies as appear to the Secretary of State to be |
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6 | Protected disclosure by health care workers |
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(1) | The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 |
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(SI 1999/1549) shall be amended as follows— |
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(a) | At the end of the first column of the table (persons and descriptions of |
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| “Independent Support Officers under the National Health Service |
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Public Interest Disclosure Support Act 2010”. |
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(b) | At the end of the second column of the table (descriptions of matters) |
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(a) the conduct or performance of a health care worker; |
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(b) the safety, performance or efficacy of the health service or |
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any part of the health service; and |
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(c) any other activities not covered by (a) or (b) in relation to |
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which an Independent Support Officer carries out their |
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functions under the National Health Service Public Interest |
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Disclosure Support Act 2010.”. |
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(2) | The Secretary of State may by regulations amend the Public Interest Disclosure |
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Act 1998, or any other enactment, to ensure that disclosures by a health care |
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worker to an Independent Support Officer may constitute a protected |
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disclosure within the meaning of that Act. |
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“health service” has the same meaning as provided by the National |
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“health care” has the same meaning as provided by section 45A of the |
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“health care worker” means any person who— |
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(a) | is employed by a designated health care body, |
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(b) | provides services to a designated health care body, or |
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(c) | is employed by a person who provides services to a designated |
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for purposes connected with the provision of health care; |
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“designated health care body” means— |
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(a) | a body or any description of bodies prescribed in regulations by |
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the Secretary of State under section 1, or |
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(i) | manages any part of the health service, |
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(ii) | employs a health care worker, |
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(iii) | regulates a health care worker, or |
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(iv) | regulates an employer of a health care worker; |
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“prescribed” means prescribed by regulations under section 1; |
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(a) | the chief executive of the relevant body, |
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(b) | except for the purposes of section 4(3)(a), any member of the |
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senior management of the relevant body; |
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(c) | for the purposes of section 4(3)(a), a member of the senior |
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management of a relevant body where a chief executive is not |
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for the time being holding office. |
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“senior management”, in relation to a designated health care body, means |
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the persons who play significant roles in— |
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(a) | the making of decisions about how the whole or a substantial |
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part of its activities are to be managed or organised, or |
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(b) | the actual managing or organising of the whole or a substantial |
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part of those activities. |
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(1) | A power to make regulations under this Act is exercisable by statutory |
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(2) | A statutory instrument containing regulations under sections 1 or 3 may not be |
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made unless a draft of the instrument has been laid before, and approved by a |
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resolution of, each House of Parliament. |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred under or by virtue of this Act by the Secretary of |
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(b) | any increase attributable to this Act in the sums payable under any other Act |
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out of money so provided. |
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10 | Short title, commencement and extent |
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(1) | This Act may be cited as the National Health Service Public Interest Disclosure |
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(2) | This Act comes into force at the end of the period of 12 months beginning with |
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the day on which it is passed. |
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(3) | This Act extends to England and Wales. |
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