Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 6 — Primary care services
161

(2)
After section 147 of that Act insert—
“Chapter 4A
Lists of performers of pharmaceutical services and assistants
“147A
Performers of pharmaceutical services and assistants
(1)
Regulations may make provision for the preparation, maintenance and
5
publication by the Board of one or more lists of—
(a)
persons approved by the Board for the purpose of assisting in
the provision of pharmaceutical services which the Board
arranges;
(b)
persons approved by the Board for the purpose of performing
10
local pharmaceutical services.
(2)
The regulations may, in particular, provide that—
(a)
a person of a prescribed description may not assist in the
provision of pharmaceutical services which the Board arranges
unless the person is included in a list prepared by virtue of
15
subsection (1)(a),
(b)
a person of a prescribed description may not perform local
pharmaceutical services unless the person is included in a list
prepared by virtue of subsection (1)(b).
(3)
The regulations may, in particular, also include provision as to—
20
(a)
the preparation, maintenance and publication of a list,
(b)
eligibility for inclusion in a list,
(c)
applications for inclusion (including provision for the
procedure for applications and the documents to be supplied on
application, whether by the applicant or by arrangement with
25
the applicant),
(d)
the grounds on which an application for inclusion may or must
be granted or refused or on which a decision on such an
application may be deferred,
(e)
requirements with which a person included in a list must
30
comply (including the declaration of financial interests and gifts
and other benefits),
(f)
the grounds on which the Board may or must suspend or
remove a person from a list, the procedure for doing so, and the
consequences of doing so,
35
(g)
circumstances in which a person included in a list may not
withdraw from it,
(h)
payments to or in respect of a person suspended from a list
(including provision for the amount of the payment, or the
method of calculating it, to be determined by the Secretary of
40
State or a person appointed by the Secretary of State),
(i)
the supply to the Board by an applicant for inclusion in a list, or
by a person included in a list, of a criminal conviction certificate
under section 112 of the Police Act 1997, a criminal record
certificate under section 113 of that Act or an enhanced criminal
45
record certificate under section 115 of that Act,
(j)
the criteria to be applied in making decisions under the
regulations,

Health and Social Care Bill
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(k)
appeals against decisions made by the Board under the
regulations, and
(l)
disclosure of information about applicants for inclusion, grants
or refusals of applications or suspensions or removals,

and may make any provision corresponding to anything in sections 151
5
to 159.
(4)
Regulations under this section may, in particular, also provide that
approval for the purposes of either paragraph (a) or paragraph (b) of
subsection (1) is to be treated for the purposes of this section as
approval for the purposes of the other paragraph (and for lists
10
prepared by virtue of that subsection to be read accordingly).
(5)
Regulations under this section may, in particular, also provide for—
(a)
a person’s inclusion in a list to be subject to conditions
determined by the Board,
(b)
the Board to vary the conditions or impose different ones,
15
(c)
the consequences of failing to comply with a condition
(including suspension or removal from a list),
(d)
the review by the Board of decisions made by it by virtue of the
regulations.
(6)
The imposition of such conditions must be with a view to—
20
(a)
preventing any prejudice to the efficiency of the services to
which a list relates, or
(b)
preventing any acts or omissions of the type described in
section 151(3)(a).
(7)
If the regulations provide under subsection (3)(f) or (5) that the Board
25
may suspend or remove a person (P) from a list, they must include
provision—
(a)
requiring P to be given notice of any allegation against P,
(b)
giving P the opportunity of putting P’s case at a hearing before
the Board makes any decision as to P’s suspension or removal,
30
and
(c)
requiring P to be given notice of the decision of the Board, the
reasons for it and any right of appeal under subsection (8) or (9).
(8)
If the regulations provide under subsection (3)(c) or (f) that the Board
may refuse a person’s application for inclusion in a list, or remove a
35
person from one, the regulations must provide for an appeal to the
First-tier Tribunal against the decision of the Board.
(9)
If the regulations make provision under subsection (5), they must
provide for an appeal by the person in question to the First-tier tribunal
against the decision of the Board—
40
(a)
to impose conditions, or any particular condition,
(b)
to vary a condition,
(c)
to remove the person from the list for breach of condition,
(d)
on any review of an earlier such decision of the Board.
(10)
Regulations making provision as to the matters referred to in
45
subsection (3)(l) may in particular authorise the disclosure of
information—
(a)
by the Board to the Secretary of State, and

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(b)
by the Secretary of State to the Board.
147B
Further provision about regulations under section 147A
(1)
Regulations by virtue of section 147A may require a person (A)
included in—
(a)
a pharmaceutical list, or
5
(b)
a list under section 132(3) (provision of drugs, medicines or
listed appliances),

not to employ or engage a person (B) to assist A in the provision of the
service to which the list relates unless B is included in a list mentioned
in subsection (2).
10
(2)
The lists are—
(a)
a list referred to in subsection (1),
(b)
a list under section 147A,
(c)
a list under section 91, 106 or 123,
(d)
a list corresponding to a list under section 91 prepared by the
15
Board by virtue of regulations made under section 145,
(e)
a list corresponding to a list mentioned in any of paragraphs (a)
to (d) prepared by a Local Health Board under or by virtue of
the National Health Service (Wales) Act 2006,

or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed
20
description.
(3)
If regulations do so require, they may in particular require that both A
and B be included in lists prepared by the Board.”
(3)
For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional
inclusion in pharmaceutical lists”.
25
(4)
In section 159 of that Act (national disqualification), in subsection (1)—
(a)
omit paragraph (b), and
(b)
in paragraph (d), for “section 146” substitute “section 147A”.
(5)
Regulations under section 146 or 149 of that Act having effect immediately
before the commencement of subsection (1) of this section are, despite the
30
repeals made by that subsection, to continue to have effect as if they had been
made under section 147A of that Act (as inserted by subsection (2) of this
section).
Part 7
Regulation of health and social care workers
35
Orders under section 60 of the Health Act 1999
193
Power to regulate social workers etc. in England
(1)
Section 60 of the Health Act 1999 (regulation of health care professions etc.) is
amended as follows.
(2)
In subsection (1), after paragraph (b) insert—
40
“(ba)
regulating the social work profession in England,

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(bb)
modifying the regulation of the social work profession in
England, so far as appears to Her to be necessary or expedient
for the purpose of securing or improving the regulation of the
profession or the services which it provides or to which it
contributes,”.
5
(3)
In that subsection, after paragraph (bb) insert—
“(bc)
regulating social care workers in England who appear to Her to
require regulation in pursuance of this section,
(bd)
modifying the regulation of social care workers in England, so
far as appears to Her to be necessary or expedient for the
10
purpose of securing or improving their regulation or the
services which they provide or to which they contribute,”.
(4)
In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other
than the social work profession in England)”.
(5)
After that subsection insert—
15
“(2ZA)
In subsections (1) and (2), “the social work profession in England”
means the profession engaged in social work in England; and for the
purposes of this section, “social work in England” means social work
which is required in connection with any health, education or social
services provided in England.”
20
(6)
After subsection (2ZA) insert—
“(2ZB)
In subsection (1)(bc) and (bd), “social care workers in England” means
persons who are engaged in social care work in England.
(2ZC)
For that purpose, “social care work in England” means work (other
than social work in England) that is of any of the following
25
descriptions—
(a)
employment at a children’s home, care home or residential
family centre in England,
(b)
management of a home or centre of a kind mentioned in
paragraph (a),
30
(c)
employment for the purposes of a domiciliary care agency,
fostering agency, voluntary adoption agency or adoption
support agency, in so far as the agency provides services to
persons in England,
(d)
management of an agency of a kind mentioned in paragraph (c),
35
(e)
work for the purposes of the social services functions of a local
authority whose area is in England,
(f)
the provision in England of services similar to services which
may or must be provided by a local authority in the exercise of
their social services functions,
40
(g)
the provision of personal care for persons in England,
(h)
employment (in an undertaking other than an establishment or
agency) which consists of or includes supplying, or providing
services for the purpose of supplying, persons to provide
personal care for persons in England,
45
(i)
management of an undertaking of the kind mentioned in
paragraph (h),

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(j)
employment in connection with the discharge of functions of
the Secretary of State under section 80 of the Children Act 1989
(inspection of children’s homes),
(k)
employment as a member of staff of the Office for Standards in
Education, Children’s Services and Skills who inspects
5
premises under—
(i)
section 87 of the Children Act 1989 (welfare of children
accommodated in independent schools and colleges),
(ii)
section 31 of the Care Standards Act 2000 (inspections
by persons authorised by registration authority), or
10
(iii)
section 139 of the Education and Inspections Act 2006
(inspection by Chief Inspector),
(l)
employment as a member of staff of the Care Quality
Commission who, under Part 1 of the Health and Social Care
Act 2008, inspects premises used for or in connection with the
15
provision of social care (within the meaning of that Part),
(m)
management of staff mentioned in paragraph (k) or (l),
(n)
employment at a day centre in England,
(o)
participation in a course approved by the Health and Care
Professions Council under article 15 of the Health and Social
20
Work Professions Order 2001 for persons wishing to engage in
the social work profession in England.”
(7)
After subsection (2ZC) insert—
“(2ZD)
An expression used in subsection (2ZC) and in section 55 of the Care
Standards Act 2000 has the same meaning in that subsection as it has in
25
that section.”
(8)
After subsection (2ZD) insert—
“(2ZE)
The exercise of functions of an approved mental health professional by
a member of a profession to which subsection (2) applies is not to be
regarded as social work of the kind engaged in by the social work
30
profession in England.”
(9)
After subsection (2ZE) insert—
“(2ZF)
In this section, “approved mental health professional” has the meaning
given in section 114 of the Mental Health Act 1983.”
(10)
For the title to section 60 of the Health Act 1999 substitute “Regulation of health
35
professions, social workers, other care workers etc.”.
(11)
In section 60A of that Act (standard of proof in fitness to practise proceedings),
in subsection (2), for “a person’s fitness to practise a profession to which
section 60(2) applies” substitute “a matter specified in subsection (2A)”.
(12)
After that subsection insert—
40
“(2A)
The matters are—
(a)
a person’s fitness to practise a profession to which section 60(2)
applies;
(b)
a person’s fitness to practise the social work profession in
England (within the meaning given by section 60);
45
(c)
a person’s suitability to remain registered as a social care
worker in England (with the meaning given by that section).”

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(13)
In subsection (3) of that section, at the end insert “or the social work profession
in England (within the meaning given in section 60(2ZA)”.
194
Training etc. of approved mental health professionals in England
In section 60 of the Health Act 1999 (regulation of health care professions etc.),
in subsection (1), after paragraph (e) insert—
5
“(ea)
modifying the functions, powers or duties of the Health and
Care Professions Council that relate to the education and
training of persons who are or wish to become approved mental
health professionals,”.
195
Orders regulating social care workers in England: further provision
10
(1)
Schedule 3 to the Health Act 1999 (further provision as to power to make
Orders in Council under section 60 of that Act) is amended as follows.
(2)
After paragraph 1 (matters generally within the scope of the Orders) insert—
“1A
An Order may make provision, in relation to any social care workers
in England, for any of the following matters (among others)—
15
(a)
the establishment and continuance of a regulatory body,
(b)
the functions of the Health and Care Professions Council or
of another regulatory body,
(c)
keeping registers of social care workers in England of any
description,
20
(d)
privileges of registered persons,
(e)
education and training,
(f)
standards of conduct and performance,
(g)
discipline,
(h)
removal or suspension from registration or the imposition of
25
conditions on registration,
(i)
investigation and enforcement by or on behalf of the Health
and Care Professions Council or another regulatory body,
(j)
appeals,
(k)
default powers exercisable by a person other than the Health
30
and Care Professions Council or another regulatory body.”
(3)
After paragraph 1A insert—
“1B
The provision that may be made by virtue of paragraph 1(e) or 1A(f)
includes provision for standards of conduct and performance of
members of a profession, or social care workers in England, carrying
35
out the functions of an approved mental health professional.”
(4)
In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-
paragraph (1), for paragraph (c) substitute—
“(c)
the Health and Care Professions Council,”.
(5)
In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph
40
(2) insert—
  “(2ZA)
Where an enactment provides for any function mentioned in sub-
paragraph (2ZB) to be exercised by the Health and Care Professions
Council or another regulatory body, or any of its committees or

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officers, an Order may not provide for any person other than that
body or any of its committees or officers to exercise that function.
    (2ZB)
The functions are—
(a)
keeping the registers of social care workers in England of any
description,
5
(b)
determining standards of education and training required as
a condition of registration,
(c)
giving advice about standards of conduct and performance.”
(6)
In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph
(1)(b)—
10
(a)
after “represent any profession” insert “or any social care workers in
England”, and
(b)
after “by any profession” insert “or any social care workers in England”.
(7)
In paragraph 10 (interpretation)—
(a)
at the appropriate place insert the following—
15
““social care work in England”, “social care workers in
England” and “the social work profession in England”
have the meaning given by section 60,”, and
(b)
in the definition of “regulatory body”—
(i)
after “any profession” insert “or any social care workers in
20
England”, and
(ii)
after “the profession” insert “or the social care workers in
England concerned”.
(8)
In paragraph 11 (application), after sub-paragraph (2) insert—
   “(2A)
References in section 60 and this Schedule to regulation, in relation
25
to social care workers in England, include—
(a)
the regulation of persons seeking to be registered or who
were, but are no longer, allowed to be registered as social care
workers in England,
(b)
the regulation of activities carried on by persons who are not
30
social care workers in England (or members of the social
work profession in England) but which are carried on in
connection with social care work in England.”
The General Social Care Council
196
Abolition of the General Social Care Council
35
(1)
The General Social Care Council (“the GSCC”) is abolished.
(2)
In section 54 of the Care Standards Act 2000 (the Care Councils)—
(a)
in subsection (1), omit paragraph (a) and the “and” following it,
(b)
in that subsection, for “conferred on them” substitute “conferred on it”,
(c)
omit subsection (2),
40
(d)
in subsection (4), for “Each Council” substitute “The Welsh Council”,
(e)
in subsection (6), for “a Council” substitute “the Welsh Council”, and
(f)
omit subsection (7).
(3)
For the title to that section substitute “The Care Council for Wales”.