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 7 — Regulation of health and social care workers
168

The Health and Care Professions Council
197
Regulation of social workers in England
(1)
The Health Professions Order 2001 (S.I. 2002/254) is amended as follows.
(2)
In Schedule 3 (interpretation), in paragraph 1, in the definition of “relevant
professions”, at the appropriate place insert “social workers in England;”.
5
(3)
In that paragraph, at the appropriate place insert—
““social worker in England” means a member of the social work
profession in England, and references to “social work in
England” are to be construed accordingly;”.
(4)
In article 1(1) (citation), for “the Health Professions Order 2001” substitute “the
10
Health and Social Work Professions Order 2001”.
(5)
In Schedule 1, in paragraph 1A (membership), in sub-paragraph (1)(b), after
paragraph (i) (but before the “and” following it) insert—
“(ia)
are not and never have been registered as social
workers in a register kept by the General Social Care
15
Council, the Care Council for Wales, the Scottish
Social Services Council or the Northern Ireland Social
Care Council;”.
(6)
For the title to the Order substitute “Health and Social Work Professions Order
2001”.
20
(7)
In the following provisions, for “the Health Professions Order 2001” substitute
“the Health and Social Work Professions Order 2001”—
(a)
section 18(e) of the London County Council (General Powers) Act 1920;
(b)
section 58(1A)(a) of the Medicines Act 1968;
(c)
section 27(1A)(a) of the National Health Service (Scotland) Act 1978;
25
(d)
section 3(11) of the Video Recordings Act 1984;
(e)
paragraph (E) in the third column of the entry for the London County
Council (General Powers) Act 1920 in Schedule 2 to the Greater London
Council (General Powers) Act 1984;
(f)
paragraph (c) of the definition of “establishment for special treatment”
30
in section 4 of the London Local Authorities Act 1991;
(g)
paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value
Added Tax Act 1994;
(h)
section 69(1)(h) of the Data Protection Act 1998;
(i)
section 60(2)(c) of the Health Act 1999;
35
(j)
section 29(1)(j) of the National Health Service Reform and Health Care
Professions Act 2002;
(k)
section 126(4)(a) of the National Health Service Act 2006;
(l)
section 80(4)(a) of the National Health Service (Wales) Act 2006;
(m)
entry 10 in the table in section 41(7) of the Safeguarding Vulnerable
40
Groups Act 2006.
(8)
In the definition of “registered psychologist” in each of the following
provisions, for “the Health Professions Order 2001” substitute “the Health and
Social Work Professions Order 2001”—
(a)
section 307(1) of the Criminal Procedure (Scotland) Act 1995;
45

Health and Social Care Bill
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(b)
section 207(6) of the Criminal Justice Act 2003;
(c)
section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
(d)
section 25 of the Gender Recognition Act 2004.
198
The Health and Care Professions Council
(1)
The body corporate known as the Health Professions Council—
5
(a)
is to continue to exist, and
(b)
is to change its name to the Health and Care Professions Council.
(2)
In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
254) (the Council and its Committees), for sub-paragraph (1) substitute—
“(1)
The Health and Care Professions Council is referred to in this Order as
10
“the Council”.”
(3)
For the title to that article substitute “The Health and Care Professions Council
and its Committees”.
(4)
In Schedule 3 to that Order (interpretation), in the definition of “the Council”
in paragraph 1, for “the Health Professions Council established under article 3”
15
substitute “the Health and Care Professions Council (formerly known as the
Health Professions Council and continued in existence by section 198 of the
Health and Social Care Act 2011)”.
199
Functions of the Council in relation to social work in England
(1)
The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended
20
as follows.
(2)
In article 3 (the Council and its Committees), in paragraph (5)(b)—
(a)
in paragraph (ii), omit “other”,
(b)
omit the “and” following paragraph (iv), and
(c)
after paragraph (v) insert “,
25
(vi)
the regulation of social work in England, and
(vii)
the provision, supervision or management of the
services of persons engaged in social work in
England.”
(3)
In that article, after paragraph (5A) insert—
30
“(5AA)
The public bodies with which the Council must co-operate for the
purposes of paragraph (5)(b) include in particular—
(a)
the Care Council for Wales,
(b)
the Scottish Social Services Council, and
(c)
the Northern Ireland Social Care Council.”
35
(4)
In that article, after paragraph (17) insert—
“(17A)
The Council may—
(a)
make recommendations to the Secretary of State concerning
social care workers in England who in its opinion should be
regulated pursuant to section 60(1)(bc) of the Health Act 1999;
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and

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(b)
give such guidance as it sees fit, to such persons as seem to it to
have an interest in such regulation, on the criteria to be taken
into account in determining whether social care workers in
England should be so regulated.”
(5)
In article 6 (register), in paragraph (3)(aa), after “visiting health” insert “or
5
social work”; and in consequence of that—
(a)
for the title to article 13A substitute “Visiting health or social work
professionals from relevant European States”, and
(b)
in articles 7(4), 9(8) and 37(1)(aa), after “visiting health” insert “or social
work”.
10
(6)
In article 10 (renewal of registration and readmission), in paragraph (6) after
“visiting health” insert “or social work”.
(7)
In article 12 (approved qualifications), in paragraph (1), after sub-paragraph (c)
insert—
“(ca)
where he is applying for admission to the register as a social
15
worker, he has, in Wales, Scotland or Northern Ireland,
undergone training in social work and—
(i)
the training is recognised by the Council as meeting the
standard which it requires for admission to the part of
the register relating to the social work profession in
20
England, or
(ii)
the training is not so recognised but he has undergone,
whether in England or elsewhere, such additional
training or professional experience as satisfies the
Council that he has the requisite standard of proficiency
25
for admission to the part of the register relating to the
social work profession in England.”
(8)
In that article, in paragraph (2)—
(a)
omit the “and” preceding paragraph (b), and
(b)
after that paragraph insert “; and
30
(c)
assess training or professional experience acquired in
Wales, Scotland or Northern Ireland in social work and
to compare it, together with qualifications mentioned in
sub-paragraph (a) where appropriate, with the standard
of proficiency required for admission to the part of the
35
register relating to the social work profession in
England.”
(9)
After article 13A insert—
“13B
Requirement for social workers in England to be registered
(1)
A person may not practise as a social worker in England unless the
40
person is registered in the part of the register relating to the social work
profession in England.
(2)
Paragraph (1) does not apply to a person who—
(a)
is registered as a social worker in a register kept by the Care
Council for Wales, the Scottish Social Services Council or the
45
Northern Ireland Social Care Council, and
(b)
is practising in England as a social worker on a temporary
basis.”

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(10)
In article 19 (post-registration training), in paragraph (2A)(b), after “visiting
health” insert “or social work”.
(11)
In article 20 (Wales), at the end insert “; but the reference to the Council’s
function under article 15(4)(b) does not include a reference to that function so
far as relating to social work in England”.
5
(12)
In article 39 (offences), after paragraph (1) insert—
“(1A)
A person who is registered as a social worker in a register kept by the
Care Council for Wales, the Scottish Social Services Council or the
Northern Ireland Social Care Council is to be regarded for the purposes
of paragraph (1)(b) as entitled to use the title of “social worker”.”
10
(13)
In Schedule 3 (interpretation), in paragraph 1, in the definition of “visiting
health professional from a relevant European state”, after “health” in each
place it appears insert “or social work”.
200
Appeals in cases involving social workers in England
(1)
The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended
15
as follows.
(2)
In article 37 (appeals against decisions of the Education and Training
Committee), in paragraph (5A), at the end of sub-paragraph (a) insert “or
registered as a social worker in a register kept by the General Social Care
Council, the Care Council for Wales, the Scottish Social Services Council or the
20
Northern Ireland Social Care Council”.
(3)
In that article, in paragraph (8), after “paragraph (4)” insert “(other than a
hearing on an appeal relating to a social worker in England)”.
(4)
In that article, after that paragraph insert—
“(8A)
A hearing provided for by the rules made under paragraph (4) on an
25
appeal relating to a social worker in England is to be held in England.”
(5)
In article 38 (appeals), after paragraph (1) insert—
“(1ZA)
An appeal from a decision referred to in paragraph (1)(b) relating to
social workers in England shall lie only to the county court.”
(6)
In that article, in paragraph (4), after “article” insert “(subject to paragraph
30
(5))”.
(7)
In that article, after that paragraph insert—
“(5)
In this article, in the case of an appeal relating to a social worker in
England, “the appropriate court” means the High Court of Justice in
England and Wales.”
35
201
Approval of courses for approved mental health professionals
(1)
Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions
etc.) is amended as follows.

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(2)
Before section 114A insert—
“114ZA
Approval of courses: England
(1)
The Health and Care Professions Council may approve courses for
persons who are, or wish to become, approved to act as approved
mental health professionals by a local social services authority whose
5
area is in England.
(2)
The Council must publish a list of—
(a)
the courses which are approved under this section, and
(b)
the courses which have been, but are no longer, approved under
this section and the periods for which they were so approved.
10
(3)
The functions of an approved mental health professional are not to be
considered to be relevant social work for the purposes of Part 4 of the
Care Standards Act 2000.
(4)
Where the function under subsection (1) is, in accordance with the
Health and Social Work Professions Order 2001, exercisable by a
15
committee of the Council, the committee may arrange for another
person to exercise the function on the Council’s behalf.”
(3)
In section 114 (approval of mental health professionals by local social services
authority), in subsection (6), after “section” insert “114ZA or”.
(4)
Section 114A (approval of courses) is amended as follows.
20
(5)
For subsection (1) substitute—
“(1)
The Care Council for Wales may, in accordance with rules made by it,
approve courses for persons who are, or wish to become, approved to
act as approved mental health professionals by a local social services
authority whose area is in Wales.”
25
(6)
Omit subsection (3).
(7)
In subsection (5), omit “General Social Care Council and the”.
(8)
For the title to that section substitute “Approval of courses: Wales”.
202
Exercise of function of approving courses, etc.
(1)
The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended
30
as follows.
(2)
In article 3 (the Council and its Committees), in paragraph (3), at the end insert
“(and see also section 114ZA of the Mental Health Act 1983 (approval of
courses for approved mental health professionals))”.
(3)
After paragraph (5) of that article insert—
35
“(5ZA)
In the application of paragraph (5) to the functions of the Council that
relate to persons who are, or wish to become, approved mental health
professionals in England, references to registrants are to be read as
including a reference to such approved mental health professionals in
England as are not registrants.”
40
(4)
In article 14 (the Council’s education and training committee), after sub-

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paragraph (b) insert—
“(ba)
the setting of criteria under article 15B;”
(5)
After article 15 insert—
“15A
Exercise of function for approving courses for approved mental health
professionals
5
(1)
The function under section 114ZA(1) of the Mental Health Act 1983
(approval of courses for approved mental health professionals in
England) is exercisable by the Education and Training Committee.
(2)
In relation to AMHP courses run outside the United Kingdom, section
114ZA(1) of that Act applies only in relation to courses run by
10
institutions which are approved in accordance with article 15B(3).
(3)
In this article and articles 15B to 18, “AMHP course” means a course of
the kind referred to in section 114ZA(1) of the Mental Health Act 1983.”
15B
Criteria for approving courses for approved mental health
professionals
15
(1)
The Council must set the criteria to be applied in exercising the function
under section 114ZA(1) of the Mental Health Act 1983.
(2)
The Education and Training Committee must—
(a)
ensure that universities and other bodies in the United
Kingdom concerned with the provision of AMHP courses are
20
notified of the criteria set under paragraph (1); and
(b)
take appropriate steps to satisfy itself that the AMHP courses
provided by such bodies meet those criteria.
(3)
In performing the function under paragraph (2)(b), the Committee
may, in particular, approve or arrange with others to approve
25
institutions which the Committee considers to be properly organised
and equipped for conducting AMHP courses.
(4)
The Council must from time to time publish a statement of the criteria
set under paragraph (1).
(5)
An AMHP course is to be treated for the purposes of articles 16 to 18 as
30
a relevant course of education or training.”
(6)
In article 16 (visitors), in paragraph (6), at the end insert “; but that does not
apply to AMHP courses.”
(7)
In article 17 (information), after paragraph (3) insert—
“(3A)
The reference in paragraph (3) to the functions of the Committee under
35
this Order includes a reference to the function under section 114ZA(1)
of the Mental Health Act 1983 (approval of courses for approved
mental health professionals) in so far as that function is exercisable by
the Committee.”
(8)
In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—
40
“(1A)
Where as a result of any visitor’s report or other information acquired
by the Committee or the Council, and taking account of the
observations received from the institution under article 16(9), the
Committee is of the opinion that an AMHP course does not meet the

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criteria set under article 15B(1), it may refuse to approve, or withdraw
approval from, the course.”
(9)
In that article—
(a)
in paragraph (3), after “paragraph (1)” insert “or (1A)”, and
(b)
in paragraph (6), after “paragraph (1)” in each place it appears insert
5
“or, as the case may be, (1A)”.
(10)
In article 21(1)(a) (Council’s duty to establish standards of conduct etc. and
give guidance), after “prospective registrants” insert “(including registrants or
prospective registrants carrying out the functions of an approved mental
health professional)”.
10
(11)
In article 45 (finances of the Council), after paragraph (3) insert—
“(3A)
The Secretary of State may make grants or loans to the Council towards
expenses incurred, or to be incurred by it, in connection with the exercise of its
functions in relation to persons who are, or wish to become, approved mental
health professionals in England.”
15
203
Arrangements with other health or social care regulators
(1)
After article 44 of the Health and Social Work Professions Order 2001 (S.I.
2002/254) insert—
“44A
Arrangements with other persons who maintain registers of health or
social care workers
20
(1)
The Council may make arrangements with any relevant person for the
Council to provide administrative, technical or advisory services to that
person.
(2)
A relevant person is a person or group of persons (whether inside or
outside the United Kingdom) who maintain—
25
(a)
a register of members of a profession engaged in the provision
of health care,
(b)
a register of persons engaged in, but who are not members of a
profession engaged in, the provision of health care,
(c)
a register of members of the social work profession, or
30
(d)
a register of persons engaged in social care work.”
(2)
In Schedule 3 to that Order (interpretation), at the appropriate place, insert—
““health care” includes—
(a)
all forms of health care for individuals, whether relating
to physical or mental health, and
35
(b)
procedures that are similar to forms of medical or
surgical care but are not provided in connection with a
medical condition;”.
204
References in enactments to registered health professionals, etc.
(1)
In section 58 of the Medicines Act 1968 (medicinal products on prescription
40
only), after subsection (1A) insert—
“(1ZA)
Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so
far as they are registered as members of the social work profession in