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
Schedule 14 — Part 7: consequential amendments and savings
Part 3 — The Professional Standards Authority for Health and Social Care
320

Part 3
The Professional Standards Authority for Health and Social Care
General
55    (1)
A reference in any instrument or document to the Council for Healthcare
Regulatory Excellence is to be read, in relation to any time after the
5
commencement of section 206(1), as a reference to the Professional
Standards Authority for Health and Social Care.
      (2)
A reference in this Act or any other enactment, or in any other instrument or
document, to the Professional Standards Authority for Health and Social
Care is to be read, in relation to any time before the commencement of
10
section 206(1), as a reference to the Council for Healthcare Regulatory
Excellence.
      (3)
In sub-paragraph (2), “enactment” means an enactment contained in, or in
an instrument made under—
(a)
an Act of Parliament,
15
(b)
an Act of the Scottish Parliament,
(c)
an Act or Measure of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
Health Act 1999 (c. 8)
56
In section 60(1) of the Health Act 1999—
20
(a)
in paragraph (c), for “the Council for Healthcare Regulatory
Excellence” substitute “the Professional Standards Authority for
Health and Social Care”, and
(b)
in each of paragraphs (d) and (e), for “Council” substitute
“Authority”.
25
57
In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare
Regulatory Excellence” substitute “the Professional Standards Authority for
Health and Social Care”.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
58
In each of the following provisions of the National Health Service Reform
30
and Health Care Professions Act 2002, for “Council” substitute
“Authority”—
(a)
section 25(2), (2A) and (4),
(b)
section 26(1), (2), (3) and (4),
(c)
section 26A(1) (in each place it appears) and (2),
35
(d)
section 26B(1) and (4) (in each case, in each place it appears),
(e)
section 27(1), (2), (4), (10) and (14),
(f)
section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
(g)
section 29(4) (in each place it appears) and (7) (in each place it
appears),
40
(h)
in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it
appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it
appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each
place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1),

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 4 — The Office of the Health Professions Adjudicator
321

(2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each
place it appears), 18 and 19(1) and (2)(a) and (b),
(i)
the title of each of sections 26, 27 and 29, and
(j)
the cross-heading preceding each of paragraphs 14 and 19 of
Schedule 7.
5
59
In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to,
that Act for “The Council” substitute “The Authority”.
60
In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for
“Council’s” substitute “Authority’s”.
61
For the title to Schedule 7 substitute “The Professional Standards Authority
10
for Health and Social Care”.
Other Acts, etc.
62
In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to
dentistry), for “regulated by the Council for Healthcare Regulatory
Excellence under section 25” substitute “listed in section 25(3)”.
15
63
In each of the following provisions, for “the Council for Healthcare
Regulatory Excellence” substitute “the Professional Standards Authority for
Health and Social Care”—
(a)
paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies
(Admission to Meetings) Act 1960,
20
(b)
paragraph (b) of the definition of “relevant disciplinary proceedings”
in section 201(4) of the National Health Service Act 2006, and
(c)
paragraph (b) of the definition of “relevant disciplinary proceedings”
in section 149(4) of the National Health Service (Wales) Act 2006.
64    (1)
In each of the following provisions, omit the entry for “The Council for
25
Healthcare Regulatory Excellence”—
(a)
Schedule 1 to the Public Records Act 1958,
(b)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,
(c)
Part 2 of Schedule 1 to the Northern Ireland Assembly
30
Disqualification Act 1975,
(d)
Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
(e)
Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2006 (S.I. 2006/3335).
      (2)
In each of the provisions listed in sub-paragraph (1), at the appropriate place
35
insert—
“The Professional Standards Authority for Health and Social Care”.
Part 4
The Office of the Health Professions Adjudicator
Miscellaneous amendments
40
65
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit
paragraphs 1(bcb) and 2(cb).

Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 4 — The Office of the Health Professions Adjudicator
322

66    (1)
Omit the entry for the Office of the Health Professions Adjudicator in each
of the following—
(a)
Part 2 of Schedule 1 to the House of Commons Disqualification Act
1975,
(b)
Part 2 of Schedule 1 to the Northern Ireland Assembly
5
Disqualification Act 1975,
(c)
Part 6 of Schedule 1 to the Freedom of Information Act 2000,
(d)
Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2006 (S.I. 2006/3335), and
(e)
the table in Article 2 of the Administrative Justice and Tribunals
10
Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).
      (2)
In consequence of those repeals—
(a)
omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and
Social Care Act 2008 and the preceding “and” in each case, and
(b)
omit paragraph 26(b) of that Schedule.
15
      (3)
Omit paragraph 27 of Schedule 10 to the Health and Social Care Act 2008
(which inserts a reference to the OHPA in the Pharmacists and Pharmacy
Technicians Order 2007, which has itself been revoked).
Amendments to the Health Act 1999 (c. 8)
67    (1)
The Health Act 1999 is amended as follows.
20
      (2)
Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
      (3)
In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the
Health and Social Care Act 2008.
      (4)
In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions
relating to unfitness to practise must provide for functions to be exercised by
25
relevant regulatory body or OHPA), omit “or the Office of the Health
Professions Adjudicator”.
      (5)
In section 60A(2) (standard of proof in fitness to practise proceedings before
OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.
Amendments to the National Health Service Reform and Health Care Professions Act 2002
30
(c. 17)
68    (1)
In section 29 of the National Health Service Reform and Health Care
Professions Act 2002 (reference of disciplinary cases by the Council for
Healthcare Regulatory Excellence to the court), in subsection (1)—
(a)
in paragraph (c), omit “otherwise than by reason of his physical or
35
mental health”, and
(b)
in paragraph (f), omit the words from “, other than a direction” to the
end.
      (2)
In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of
the Health and Social Care Act 2008.
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Health and Social Care Bill
Schedule 14 — Part 7: consequential amendments and savings
Part 4 — The Office of the Health Professions Adjudicator
323

Amendments to the Health Act 2006 (c. 28)
69    (1)
Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to
exercise functions of Privy Council relating to appointment of members of
OHPA) and the “or” immediately preceding it.
      (2)
Omit section 63(6A) and (6B) of that Act (Appointments Commission to
5
assist OHPA with exercise of appointment functions).
      (3)
In consequence of those repeals, omit paragraph 22 of Schedule 10 to the
Health and Social Care Act 2008.
Amendments to the Health and Social Care Act 2008 (c. 14)
70    (1)
The Health and Social Care Act 2008 is amended as follows.
10
      (2)
In section 128 (interpretation), omit the definition of “the OHPA”.
      (3)
In section 162 (orders and regulations), omit subsections (1)(b) and (c)
and (4).
      (4)
In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs
7, 9, 14, 15 and 18.
15
Savings
71    (1)
If abolition is to occur at a time other than immediately after the end of a
financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to
the Health and Social Care Act 2008 (annual reports), the period that begins
with the 1 April before abolition and ends with abolition is to be treated as a
20
financial year for the purposes of those paragraphs.
      (2)
Despite section 215(2), paragraphs 19 and 20 of that Schedule are to continue
to have effect for the purpose of imposing the duties under paragraphs 19(2),
(3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring
the power under paragraph 20(4); and for those purposes—
25
(a)
the duties under paragraphs 19(2) and 20(1), in so far as they have
not been discharged by the OHPA, must be discharged by the
Secretary of State,
(b)
the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be
discharged by the Secretary of State, and
30
(c)
the power conferred by paragraph 20(4) may be exercised by giving
directions of the description in question to the Secretary of State.
      (3)
Subject to that, anything which the OHPA is required to do under an
enactment before abolition may, in so far as it has not been done by the
OHPA, be done by the Secretary of State after abolition.
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72
A reference in any document to the OHPA is, so far as necessary or
appropriate in consequence of section 215(1), to be read after abolition as a
reference to the Secretary of State.
73
In paragraphs 71 and 72—
“abolition” means the commencement of section 215(1);
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“enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978);
“the OHPA” means the Office of the Health Professions Adjudicator.