Health and Social Care Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill

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Part 7 — Regulation of health and social care workers
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(b)
in relation to the General Dental Council, the power under
paragraph 1A(2) of Schedule 1 to the Dentists Act 1984,
(c)
in relation to the General Optical Council, the power under
paragraph 1A(2) of Schedule 1 to the Opticians Act 1989,
(d)
in relation to the General Osteopathic Council, the power under
5
paragraph 1A(2) of the Schedule to the Osteopaths Act 1993,
(e)
in relation to the General Chiropractic Council, the power
under paragraph 1A(2) of Schedule 1 to the Chiropractors
Act 1994,
(f)
in relation to the General Pharmaceutical Council, the power
10
under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010
(S.I. 2010/231),
(g)
in relation to the Nursing and Midwifery Council, the power
under paragraph 1A(2) of Schedule 1 to the Nursing and
Midwifery Order 2001 (S.I. 2002/253), and
15
(h)
in relation to the Health and Care Professions Council, the
power under paragraph 1A(2) of Schedule 1 to the Health and
Social Work Professions Order 2001 (S.I. 2002/254).
(9)
A reference to assisting in connection with the exercise of a power does
not include a reference to exercising the power.”
20
212
Establishment of voluntary registers
After section 25C of the National Health Service Reform and Health Care
Professions Act 2002 insert—
“25D
Power of regulatory bodies to establish voluntary registers
(1)
A regulatory body may establish and maintain a voluntary register of
25
persons who are (and, where the body thinks appropriate, persons who
have been)—
(a)
unregulated health professionals;
(b)
unregulated health care workers;
(c)
unregulated social care workers in England;
30
(d)
participating in studies that come within subsection (2) or (3).
(2)
Studies come within this subsection if they are studies for the purpose
of becoming a member of—
(a)
a profession to which section 60(2) of the Health Act 1999
applies, or
35
(b)
the social work profession in England.
(3)
Studies come within this subsection if they are studies for the purpose
of becoming—
(a)
an unregulated health professional,
(b)
an unregulated health care worker, or
40
(c)
an unregulated social care worker in England.
(4)
A regulatory body may establish and maintain a register under
subsection (1)(a), (b) or (c) of only such persons as are (or have been)
engaged in work that supports, or otherwise relates to, work engaged
in by members of a profession which the body regulates; but this
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subsection does not apply to the Health and Care Professions Council.

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(5)
A regulatory body may establish and maintain a register under
subsection (1)(d) of only such persons as are (or have been)
participating in studies for the purpose of—
(a)
in the case of studies coming within subsection (2), becoming a
member of a profession which the body regulates,
5
(b)
in the case of studies coming within subsection (3)(a), becoming
a member of a profession for which the body maintains a
voluntary register, or
(c)
in the case of studies coming within subsection (3)(b) or (c),
engaging in work in respect of which the body maintains a
10
voluntary register.
(6)
The General Pharmaceutical Council may establish and maintain a
register under subsection (1) of only such persons as are (or have been)
engaged in work or participating in studies in England, Wales or
Scotland.
15
(7)
The Pharmaceutical Society of Northern Ireland may establish and
maintain a register under subsection (1) of only such persons as are (or
have been) engaged in work, or are participating in studies, in
Northern Ireland.
(8)
A regulatory body may establish and maintain a register under
20
subsection (1) jointly with one or more other regulatory bodies.
(9)
Where regulatory bodies establish and maintain a register in reliance
on subsection (8)—
(a)
subsections (4) and (5) apply to each body (but subsection (4)
does not apply to the Health and Care Professions Council),
25
(b)
subsection (6) applies to the General Pharmaceutical Council if
it is one of the bodies, and
(c)
subsection (7) applies to the Pharmaceutical Society of Northern
Ireland if it is one of the bodies.
(10)
But subsections (6) and (7) do not apply where the bodies concerned are
30
or include the General Pharmaceutical Council and the Pharmaceutical
Society of Northern Ireland.
(11)
Accordingly, in those circumstances, the General Pharmaceutical
Council and the Pharmaceutical Society of Northern Ireland may
jointly establish and maintain a register of persons who are (and, where
35
they consider appropriate, have been) engaged in work or participating
in studies anywhere in the United Kingdom.
(12)
A request to be registered, or to continue to be registered, in a register
established under subsection (1) must be accompanied by a fee of such
amount as the regulatory body (or bodies) concerned may determine.
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25E
Section 25D: interpretation
(1)
This section applies for the purposes of section 25D.
(2)
“Voluntary register” means a register of persons in which a person is
not required by an enactment to be registered in order to be entitled
to—
45
(a)
use a title,
(b)
practise as a member of a profession,

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(c)
engage in work that involves the provision of health care,
(d)
engage in work of a description given in section 60(2ZC) of the
Health Act 1999 (social care work in England), or
(e)
participate in studies that come within section 25D(2) or (3).
(3)
Where an enactment imposes a requirement of that kind which applies
5
to part only of the United Kingdom, a register is to be regarded as a
voluntary register in so far as it applies to any part of the United
Kingdom to which the requirement does not apply.
(4)
Subsection (2) does not apply in relation to an enactment that imposes
a requirement of that kind which applies—
10
(a)
only to work or practice of a particular kind, and
(b)
only when work or practice of that kind is engaged in for
particular purposes.
(5)
In subsections (2) to (4), “enactment” means an enactment contained in,
or in an instrument made under—
15
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
an Act or Measure of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
(6)
“Unregulated health professional” means a member of a profession—
20
(a)
which is concerned with the physical or mental health of
individuals, but
(b)
to which section 60(2) of the Health Act 1999 does not apply.
(7)
“Unregulated health care worker” means a person engaged in work
which—
25
(a)
involves the provision of health care, but
(b)
is not work which may be engaged in only by members of a
profession.
(8)
In subsections (2) and (7), “health care” includes—
(a)
all forms of health care for individuals, whether relating to
30
physical or mental health, and
(b)
procedures that are similar to forms of medical or surgical care
but are not provided in connection with a medical condition.
(9)
“Unregulated social care worker in England” means a person engaged
in social care work in England within the meaning of section 60 of the
35
Health Act 1999.
(10)
But a person is not to be regarded as being (or having been) engaged in
work as an unregulated social care worker merely because the person
is (or has been) participating in a course of the description given in
subsection (2ZC)(o) of that section (social work courses).
40
(11)
“The social work profession in England” has the meaning given in that
section.
25F
Establishment of voluntary register: impact assessment
(1)
Before establishing a register under section 25D, a regulatory body—
(a)
must make an assessment of the likely impact of doing so, and
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(b)
must consult such persons as it considers appropriate.
(2)
In performing the duty under subsection (1)(a), the body must have
regard to such guidance relating to the preparation of impact
assessments as it considers appropriate.
(3)
An assessment under this section must, in particular, include an
5
assessment of the likely impact of establishing the register on—
(a)
persons who would be eligible for inclusion in the register;
(b)
persons who employ persons who would be eligible for
inclusion in the register;
(c)
users of health care, users of social care in England and users of
10
social work services in England.
(4)
A regulatory body must publish any assessment it makes under this
section.
(5)
In deciding whether to establish a register under section 25D, a
regulatory body must have regard to the assessment it made under this
15
section in relation to the register.”
213
Accreditation of voluntary registers
(1)
After section 25F of the National Health Service Reform and Health Care
Professions Act 2002 insert—
“25G
Power of the Authority to accredit voluntary registers
20
(1)
Where a regulatory body or other person maintains a voluntary
register, the Authority may, on an application by the body or other
person, take such steps as it considers appropriate for the purpose of
establishing whether the register meets such criteria as the Authority
may from time to time set (“accreditation criteria”).
25
(2)
Accreditation criteria may, in particular, relate to—
(a)
the provision to the Authority of information in connection
with the establishment, operation or maintenance of register;
(b)
publication of the names of persons included in the register or
who have been removed from the register (whether voluntarily
30
or otherwise);
(c)
the establishment or operation of a procedure for appeals from
decisions relating to inclusion in or removal from the register.
(3)
If the Authority is satisfied that a voluntary register meets the
accreditation criteria, it may accredit the register.
35
(4)
The Authority may carry out periodic reviews of the operation of
registers accredited under this section for the purpose of establishing
whether they continue to meet the accreditation criteria.
(5)
If, on a review under subsection (4), the Authority is satisfied that a
voluntary register no longer meets the accreditation criteria, the
40
Authority may remove or suspend, or impose conditions on, the
accreditation of the register.
(6)
The Authority may refuse to accredit a register, or to continue to
accredit a register, unless the person who maintains the register pays a
fee of such amount as the Authority may determine.
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(7)
The Authority must publish such accreditation criteria as it sets.
(8)
The Authority may publish a list of registers accredited under this
section.
(9)
“Voluntary register” has the meaning given in section 25E.
25H
Accreditation of voluntary register: impact assessment
5
(1)
Before accrediting a register under section 25G, the Authority—
(a)
must make an assessment of the likely impact of doing so, and
(b)
must consult such persons as it considers appropriate.
(2)
For that purpose, the Authority must have regard to such guidance
relating to the preparation of impact assessments as it considers
10
appropriate.
(3)
An assessment under this section must, in particular, include an
assessment of the likely impact of accrediting the register on—
(a)
persons who are, or are eligible to be, included in the register;
(b)
persons who employ persons who are, or are eligible to be,
15
included in the register;
(c)
users of health care, users of social care in England and users of
social work services in England.
(4)
For the purposes of subsection (3), the Authority may request the
person who maintains the register to provide it with such information
20
as it specifies; and if the person refuses to comply with the request, the
Authority may refuse to accredit the register.
(5)
The Authority may publish any assessment it makes under this section.
(6)
In deciding whether to accredit a register under section 25G, the
Authority must have regard to its assessment under this section in
25
relation to the register.
25I
Functions of the Authority in relation to accredited voluntary registers
(1)
The Authority has the following functions—
(a)
to promote the interests of users of health care, users of social
care in England, users of social work services in England and
30
other members of the public in relation to the performance of
voluntary registration functions,
(b)
to promote best practice in the performance of voluntary
registration functions, and
(c)
to formulate principles of good governance in the performance
35
of voluntary registration functions and to encourage persons
who maintain or operate accredited voluntary registers to
conform to those principles.
(2)
In this section—
(a)
a reference to the performance of voluntary registration
40
functions is a reference to the maintenance or operation of an
accredited voluntary register, and
(b)
“accredited voluntary register” means a register accredited
under section 25G”.”
(2)
In section 26 of that Act (general powers and duties of the Authority), after
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subsection (2) insert—
“(2A)
A reference in subsection (2) to a regulatory body includes a reference
to a person other than a regulatory body who has voluntary
registration functions; and for that purpose, the only functions that
person has are the person’s voluntary registration functions.”
5
(3)
After subsection (3) of that section insert—
“(3A)
A reference in subsection (3) to a regulatory body includes a reference
to a person other than a regulatory body in so far as that person has
voluntary registration functions.”
(4)
After subsection (4) of that section insert—
10
“(4A)
For the purposes of paragraph (c) of subsection (4), the reference in that
subsection to subsection (3) includes a reference to subsection (3) as
construed in accordance with subsection (3A).”
(5)
After subsection (12) of that section insert—
“(13)
In this section, “voluntary registration functions” is to be construed in
15
accordance with section 25I.”
(6)
In section 26A of that Act (powers of Secretary of State and devolved
authorities to request advice etc.), after subsection (1A) (inserted by section
207(3)), insert—
“(1B)
The Secretary of State may request the Authority for advice on any
20
matter connected with accreditation of registers under section 25G; and
the Authority must comply with such a request.
(1C)
The Welsh Ministers, the Scottish Ministers or the relevant Northern
Ireland department may request the Authority for advice on any matter
connected with accreditation of registers under section 25G other than
25
accreditation of registers referred to in subsection (1D); and the
Authority must comply with such a request.
(1D)
The registers are registers of persons who are or have been—
(a)
unregulated social care workers in England,
(b)
participating in studies for the purpose of becoming a member
30
of the social work profession in England;
(c)
participating in studies for the purpose of becoming an
unregulated social care worker in England.
(1E)
In subsection (1D), “the social work profession in England” and
“unregulated social care worker in England” each have the meaning
35
given in section 25E.”
(7)
In section 26B of that Act (duty of the Authority to inform and consult the
public), after subsection (1) insert—
“(1A)
The references in subsection (1) to the Authority’s functions do not
include a reference to its accreditation functions.
40
(1B)
For the purpose of ensuring that members of the public are informed
about the exercise by the Authority of its accreditation functions, the
Authority may publish or provide in such manner as it thinks fit
information about the exercise of those functions.

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(1C)
For the purposes of this section, the Authority’s accreditation functions
are—
(a)
its functions under sections 25G to 25I,
(b)
its functions under section 26 that relate to the performance of
voluntary registration functions (within the meaning given by
5
section 25I), and
(c)
its function under section 26A(1B).”
(8)
In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
(9)
At the end of subsection (4) of that section insert “(other than its accreditation
functions)”.
10
Consequential provision etc.
214
Consequential provisions and savings, etc.
(1)
Parts 1 to 3 of Schedule 14 (which contain minor and consequential
amendments and savings relating to the preceding provisions of this Part)
have effect.
15
(2)
The Privy Council may by order make transitional, transitory or saving
provision in connection with the commencement of the preceding provisions
of this Part.
(3)
The quorum for the exercise of the power under subsection (2) is two.
(4)
Anything done by the Privy Council under subsection (2) is sufficiently
20
signified by an instrument signed by the Clerk of the Council.
(5)
In section 38 of the National Health Service Reform and Health Care
Professions Act 2002 (regulations and orders), after subsection (4) insert—
“(4A)
The quorum for the exercise by the Privy Council of the power under
section 25A or 28 or paragraph 6 of Schedule 7 is two; and anything
25
done by the Privy Council under either of those sections or that
paragraph is sufficiently signified by an instrument signed by the Clerk
of the Council.”
(6)
The amendments made by this Part to an Order in Council under section 60 of
the Health Act 1999 do not affect the power to make a further Order in Council
30
under that section amending or revoking provision made by those
amendments.
The Office of the Health Professions Adjudicator
215
Abolition of the Office of the Health Professions Adjudicator
(1)
The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
35
(2)
In Part 2 of the Health and Social Care Act 2008 (regulation of health
professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment
etc. of the OHPA).
(3)
All property, rights and liabilities to which the OHPA is entitled or subject
immediately before the commencement of subsection (1) (including rights and
40
liabilities relating to staff) are transferred to the Secretary of State.