Health and Social Care Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 6 — Primary care services
184

(d)
on any review of an earlier such decision of the Board.
(10)
Regulations making provision as to the matters referred to in
subsection (3)(l) may in particular authorise the disclosure of
information—
(a)
by the Board to the Secretary of State, and
5
(b)
by the Secretary of State to the Board.
147B
Further provision about regulations under section 147A
(1)
Regulations under section 147A may require a person (A) included in—
(a)
a pharmaceutical list, or
(b)
a list under section 132(3) (provision of drugs, medicines or
10
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).
(2)
The lists are—
15
(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
Board by virtue of regulations made under section 145,
20
(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
description.
25
(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”.
(4)
In section 159 of that Act (national disqualification), in subsection (1)—
30
(a)
omit paragraph (b), and
(b)
in paragraph (d), for “section 146” substitute “section 147A”.
(5)
In section 276 of that Act (index of defined expressions), omit the entry for
“supplementary list”.
(6)
In Schedule 17 to that Act (exempt information relating to health services), in
35
paragraph 13(1)(b), for “146” substitute “147A”.
(7)
Regulations under section 146 or 149 of that Act having effect immediately
before the commencement of subsection (1) of this section are, despite the
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
40
section).

Health and Social Care Bill
Part 7 — Regulation of health and social care workers
185

Part 7
Regulation of health and social care workers
Orders under section 60 of the Health Act 1999
206
Power to regulate social workers etc. in England
(1)
Section 60 of the Health Act 1999 (regulation of health care professions etc.) is
5
amended as follows.
(2)
In subsection (1), after paragraph (b) insert—
“(ba)
regulating the social work profession in England,
(bb)
modifying the regulation of the social work profession in
England, so far as appears to Her to be necessary or expedient
10
for the purpose of securing or improving the regulation of the
profession or the services which it provides or to which it
contributes,”.
(3)
In that subsection, after paragraph (bb) insert—
“(bc)
regulating social care workers in England who appear to Her to
15
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
purpose of securing or improving their regulation or the
services which they provide or to which they contribute,”.
20
(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—
“(2ZA)
In subsections (1) and (2), “the social work profession in England”
means the profession engaged in social work in England; and for the
25
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.”
(6)
After subsection (2ZA) insert—
“(2ZB)
In subsection (1)(bc) and (bd), “social care workers in England” means
30
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
descriptions—
(a)
employment at a children’s home, care home or residential
35
family centre in England,
(b)
management of a home or centre of a kind mentioned in
paragraph (a),
(c)
employment for the purposes of a domiciliary care agency,
fostering agency, voluntary adoption agency or adoption
40
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),

Health and Social Care Bill
Part 7 — Regulation of health and social care workers
186

(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
its social services functions,
5
(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,
10
(i)
management of an undertaking of the kind mentioned in
paragraph (h),
(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),
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(k)
employment as a member of staff of the Office for Standards in
Education, Children’s Services and Skills who inspects
premises under—
(i)
section 87 of the Children Act 1989 (welfare of children
accommodated in independent schools and colleges),
20
(ii)
section 31 of the Care Standards Act 2000 (inspections
by persons authorised by registration authority), or
(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
25
Commission who, under Part 1 of the Health and Social Care
Act 2008, inspects premises used for or in connection with the
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,
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(o)
participation in a course approved by the Health and Care
Professions Council under article 15 of the Health and Social
Work Professions Order 2001 for persons wishing to engage in
the social work profession in England.”
(7)
After subsection (2ZC) insert—
35
“(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
that section.”
(8)
After subsection (2ZD) insert—
“(2ZE)
The exercise of functions of an approved mental health professional by
40
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
profession in England.”
(9)
After subsection (2ZE) insert—
“(2ZF)
In this section, “approved mental health professional” has the meaning
45
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
professions, social workers, other care workers etc.”.

Health and Social Care Bill
Part 7 — Regulation of health and social care workers
187

(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—
“(2A)
The matters are—
5
(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);
(c)
a person’s suitability to remain registered as a social care
10
worker in England (within the meaning given by that section).”
(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)”.
207
Training etc. of approved mental health professionals in England
In section 60 of the Health Act 1999 (regulation of health care professions etc.),
15
in subsection (1), after paragraph (e) insert—
“(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,”.
20
208
Orders regulating social care workers in England: further provision
(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
25
in England, for any of the following matters (among others)—
(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
30
description,
(d)
privileges of registered persons,
(e)
education and training,
(f)
standards of conduct and performance,
(g)
discipline,
35
(h)
removal or suspension from registration or the imposition of
conditions on registration,
(i)
investigation and enforcement by or on behalf of the Health
and Care Professions Council or another regulatory body,
(j)
appeals,
40
(k)
default powers exercisable by a person other than the Health
and Care Professions Council or another regulatory body.”

Health and Social Care Bill
Part 7 — Regulation of health and social care workers
188

(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
out the functions of an approved mental health professional.”
5
(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
(2) insert—
10
  “(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
officers, an Order may not provide for any person other than that
body or any of its committees or officers to exercise that function.
15
    (2ZB)
The functions are—
(a)
keeping the registers of social care workers in England of any
description,
(b)
determining standards of education and training required as
a condition of registration,
20
(c)
giving advice about standards of conduct and performance.”
(6)
In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph
(1)(b)—
(a)
after “represent any profession” insert “or any social care workers in
England”, and
25
(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—
““social care work in England”, “social care workers in
England” and “the social work profession in England”
30
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
England”, and
(ii)
after “the profession” insert “or the social care workers in
35
England concerned”.
(8)
In paragraph 11 (application), after sub-paragraph (2) insert—
   “(2A)
References in section 60 and this Schedule to regulation, in relation
to social care workers in England, include—
(a)
the regulation of persons seeking to be registered or who
40
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
social care workers in England (or members of the social
work profession in England) but which are carried on in
45
connection with social care work in England.”