|
| |
|
(a) | all forms of health care for individuals, whether relating |
| |
to 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 |
| |
| 5 |
217 | References in enactments to registered health professionals, etc. |
| |
(1) | In section 58 of the Medicines Act 1968 (medicinal products on prescription |
| |
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 |
| 10 |
England or social care workers in England (each of those expressions |
| |
having the same meaning as in section 60 of the Health Act 1999).” |
| |
(2) | In section 27 of the National Health Service (Scotland) Act 1978 (arrangements |
| |
for provision of pharmaceutical services), after subsection (1B) insert— |
| |
“(1C) | Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so |
| 15 |
far as they are registered as members of the social work profession in |
| |
England or social care workers in England (each of those expressions |
| |
having the same meaning as in section 60 of the Health Act 1999).” |
| |
(3) | In section 3 of the Video Recordings Act 1984 (exempted supplies), after |
| |
| 20 |
“(11A) | But subsection (11) does not apply to a person in so far as the person is |
| |
required to register under the Health and Social Work Professions |
| |
Order 2001 as a member of the social work profession in England |
| |
(within the meaning of section 60 of the Health Act 1999).” |
| |
(4) | In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption |
| 25 |
for medical care services), in the Notes, after Note (2) insert— |
| |
“(2ZA) | Paragraph (c) of item 1 does not include supplies of services made by |
| |
a person in the capacity of a registered member of the social work |
| |
profession in England (within the meaning of section 60 of the Health |
| |
| 30 |
(5) | In section 69 of the Data Protection Act 1998 (meaning of “health |
| |
professional”), at the end of paragraph (h) of subsection (1), insert “, except in |
| |
so far as the person is registered as a social worker in England (within the |
| |
| |
(6) | In section 25 of the National Health Service Reform and Health Care |
| 35 |
Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after |
| |
| |
“(3A) | A reference in an enactment to a body mentioned in subsection (3) is |
| |
not (unless there is express provision to the contrary) to be read as |
| |
including a reference to the Health and Care Professions Council, or a |
| 40 |
regulatory body within subsection (3)(j), so far as it has functions |
| |
| |
(a) | the social work profession in England, or |
| |
(b) | social care workers in England. |
| |
(3B) | For the purposes of subsection (3A)— |
| 45 |
|
| |
|
| |
|
“enactment” means an enactment contained in— |
| |
(a) | an Act, an Act of the Scottish Parliament or an Act or |
| |
Measure of the National Assembly for Wales (whether |
| |
passed before or after the commencement of this |
| |
| 5 |
(b) | subordinate legislation (within the meaning of the |
| |
Interpretation Act 1978), an instrument made under an |
| |
Act of the Scottish Parliament, an Act or Measure of the |
| |
National Assembly for Wales or Northern Ireland |
| |
legislation (whether made before or after that |
| 10 |
| |
“the social work profession in England” and “social care workers |
| |
in England” have the meaning given in section 60 of the 1999 |
| |
| |
(7) | In section 126 of the National Health Service Act 2006 (arrangements for |
| 15 |
provision of pharmaceutical services), after subsection (4) insert— |
| |
“(4A) | Paragraphs (a) and (h) of subsection (4) do not apply to persons in so |
| |
far as they are registered as members of the social work profession in |
| |
England or social care workers in England (each of those expressions |
| |
having the same meaning as in section 60 of the Health Act 1999).” |
| 20 |
(8) | In section 80 of the National Health Service (Wales) Act 2006 (arrangements for |
| |
provision of pharmaceutical services), after subsection (4) insert— |
| |
“(4A) | Paragraphs (a) and (h) of subsection (4) do not apply to persons in so |
| |
far as they are registered as members of the social work profession in |
| |
England or social care workers in England (each of those expressions |
| 25 |
having the same meaning as in section 60 of the Health Act 1999).” |
| |
Role of the Secretary of State |
| |
218 | Functions of the Secretary of State in relation to social care workers |
| |
(1) | In section 67 of the Care Standards Act 2000 (functions of the appropriate |
| |
Minister), after subsection (1) insert— |
| 30 |
“(1A) | But the Secretary of State may not exercise the function under |
| |
subsection (1)(a) or (d) in relation to a social worker who is registered |
| |
as such in a register maintained under article 5 of the Health and Social |
| |
Work Professions Order 2001.” |
| |
(2) | In subsection (2) of that section, after “take part in” insert “courses approved |
| 35 |
by the Health and Care Professions Council under article 15 or by virtue of |
| |
article 19(4) of the Health and Social Work Professions Order 2001 for persons |
| |
who are or wish to become social workers,”. |
| |
(3) | The Secretary of State may make arrangements with the Health and Care |
| |
Professions Council for the discharge, during the relevant period, of the |
| 40 |
functions of the General Social Care Council; and for that purpose “the relevant |
| |
| |
(a) | beginning with the day on which this Act is passed, and |
| |
(b) | ending with the commencement of section 209(1). |
| |
|
| |
|
| |
|
The Professional Standards Authority for Health and Social Care |
| |
219 | The Professional Standards Authority for Health and Social Care |
| |
(1) | The body corporate known as the Council for Healthcare Regulatory |
| |
| |
(a) | is to continue to exist, and |
| 5 |
(b) | is to change its name to the Professional Standards Authority for Health |
| |
| |
(2) | In consequence of that, in section 25 of the National Health Service Reform and |
| |
Health Care Professions Act 2002 (which establishes the Council for Healthcare |
| |
Regulatory Excellence), in subsection (1)— |
| 10 |
(a) | for “the Council for Healthcare Regulatory Excellence” substitute “the |
| |
Professional Standards Authority for Health and Social Care”, and |
| |
(b) | for ““the Council”” substitute ““the Authority””. |
| |
(3) | For the title of section 25 of that Act substitute “The Professional Standards |
| |
Authority for Health and Social Care”. |
| 15 |
(4) | For the cross-heading preceding that section substitute “The Professional |
| |
Standards Authority for Health and Social Care”. |
| |
(5) | For the title of Part 2 of that Act substitute “Health and Social Care |
| |
| |
220 | Functions of the Authority |
| 20 |
(1) | In section 25 of the National Health Service Reform and Health Care |
| |
Professions Act 2002 (the Professional Standards Authority), in subsection |
| |
(2)(a), for “patients” substitute “users of health care, users of social care in |
| |
England, users of social work services in England”. |
| |
(2) | In subsection (2A) of that section, for “patients” substitute “users of health care, |
| 25 |
users of social care in England, users of social work services in England”. |
| |
(3) | In section 26A of that Act (powers of Secretary of State etc. to request the |
| |
Authority for advice), after subsection (1) insert— |
| |
“(1A) | The Secretary of State may request the Authority for advice on any |
| |
matter connected with the social work profession, or social care |
| 30 |
workers, in England; and the Authority must comply with such a |
| |
| |
(4) | After subsection (2) of that section insert— |
| |
“(2A) | A person to whom the Authority gives advice, or for whom it |
| |
investigates and reports on a matter, under this section must pay such |
| 35 |
fee as the Authority determines; and the fee may be charged by |
| |
reference to the advice or the investigation and report concerned or on |
| |
| |
(5) | In section 26B of that Act (duty to inform and consult the public), in subsection |
| |
(4)(b), for “patients” substitute “users of health care, users of social care in |
| 40 |
England or users of social work services in England”. |
| |
|
| |
|
| |
|
(6) | In section 29 of that Act (reference of disciplinary cases to court by the |
| |
Authority), in subsection (5), after “subsection (4)” insert “(subject to |
| |
| |
(7) | After subsection (5) of that section insert— |
| |
“(5A) | In the case of a social worker in England, the “relevant court” means the |
| 5 |
High Court of Justice in England and Wales.” |
| |
(8) | In paragraph 16 of Schedule 7 to that Act (reports and other information), in |
| |
sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of |
| |
social care in England, users of social work services in England”. |
| |
221 | Funding of the Authority |
| 10 |
(1) | After section 25 of the National Health Service Reform and Health Care |
| |
Professions Act 2002 insert— |
| |
“25A | Funding of the Authority |
| |
(1) | The Privy Council must by regulations require each regulatory body to |
| |
pay the Authority periodic fees of such amount as the Privy Council |
| 15 |
determines in respect of such of the Authority’s functions in relation to |
| |
that body as are specified in the regulations. |
| |
(2) | A reference in this section to the Authority’s functions does not include |
| |
a reference to its functions under sections 25G to 25I and 26A. |
| |
(3) | The regulations must, in particular, provide for the method of |
| 20 |
determining the amount of a fee under the regulations. |
| |
(4) | Before determining the amount of a fee under the regulations, the Privy |
| |
Council must request the Authority to make a proposal as to the |
| |
amount of funding that it considers it requires in order to perform for |
| |
the period to which the fee would apply such of its functions in relation |
| 25 |
to the regulatory bodies as are specified in the regulations. |
| |
| |
(a) | comply with a request under subsection (4), but |
| |
(b) | before doing so, consult the regulatory bodies. |
| |
(6) | Having received a proposal under subsection (5), the Privy Council |
| 30 |
may consult the regulatory bodies. |
| |
(7) | Having taken into account such representations as it receives from |
| |
consultees, the Privy Council must— |
| |
(a) | make a proposal as to the amount of funding that it considers |
| |
the Authority requires in order to perform for the period to |
| 35 |
which the fee would apply such of its functions in relation to the |
| |
regulatory bodies as are specified in the regulations, and |
| |
(b) | determine in accordance with the method provided for under |
| |
subsection (3) the amount of the fee that each regulatory body |
| |
would be required to pay. |
| 40 |
(8) | The Privy Council must— |
| |
(a) | consult the Authority about the proposal under subsection |
| |
(7)(a) and the determinations under subsection (7)(b), and |
| |
|
| |
|
| |
|
(b) | consult each regulatory body about the determination under |
| |
subsection (7)(b) of the amount it would be required to pay. |
| |
(9) | Having taken into account such representations as it receives from |
| |
consultees, the Privy Council must— |
| |
(a) | determine the amount of funding that the Authority requires in |
| 5 |
order to perform for the period to which the fee would apply |
| |
such of its functions in relation to the regulatory bodies as are |
| |
specified in the regulations, and |
| |
(b) | determine in accordance with the method provided for under |
| |
subsection (3) the amount of the fee that each regulatory body |
| 10 |
is to be required to pay. |
| |
(10) | Regulations under this section requiring payment of a fee may make |
| |
| |
(a) | requiring the fee to be paid within such period as is specified; |
| |
(b) | requiring interest at such rate as is specified to be paid if the fee |
| 15 |
is not paid within the period specified under paragraph (a); |
| |
(c) | for the recovery of unpaid fees or interest. |
| |
(11) | The regulations may enable the Privy Council to redetermine the |
| |
amount of a fee provided for under the regulations, on a request by the |
| |
Authority or a regulatory body or on its own initiative. |
| 20 |
(12) | Before making regulations under this section, the Privy Council must |
| |
| |
| |
(b) | the regulatory bodies, and |
| |
(c) | such other persons as it considers appropriate.” |
| 25 |
(2) | In section 25(5) of that Act (meaning of “this group of sections”) for “26” |
| |
| |
(3) | In section 38 of that Act (regulations and orders) after subsection (3) insert— |
| |
“(3A) | A statutory instrument containing regulations made by the Privy |
| |
Council under section 25A shall be subject to— |
| 30 |
(a) | annulment in pursuance of a resolution of either House of |
| |
| |
(b) | where the regulations include provision which would be within |
| |
the legislative competence of the Scottish Parliament if it were |
| |
included in an Act of that Parliament, annulment in pursuance |
| 35 |
of a resolution of either House of Parliament or the Scottish |
| |
| |
(4) | In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority), |
| |
after sub-paragraph (2) insert— |
| |
“(2A) | The Authority may borrow money for the purposes of or in |
| 40 |
connection with its functions; and sub-paragraphs (3) and (4) are |
| |
without prejudice to the generality of this sub-paragraph.” |
| |
(5) | In that paragraph, omit sub-paragraphs (5) and (6). |
| |
222 | Power to advise regulatory bodies, investigate complaints, etc. |
| |
(1) | After section 25A of the National Health Service Reform and Health Care |
| 45 |
|
| |
|
| |
|
Professions Act 2002 insert— |
| |
“25B | Power of the Authority to advise regulatory bodies etc. |
| |
(1) | The Authority may, for the purpose of assisting the Authority in its |
| |
performance of its functions under this group of sections, provide |
| |
advice or provide auditing services to— |
| 5 |
| |
(b) | a body which has functions (whether or not relating to health or |
| |
social care) corresponding to those of a regulatory body. |
| |
(2) | A body to which the Authority provides advice or auditing services |
| |
under this section must pay such fee as the Authority may determine. |
| 10 |
(3) | In this section, “this group of sections” has the meaning given by |
| |
section 25(5) but does not include section 26A.” |
| |
(2) | In section 28(1) of that Act (power to make regulations about investigation by |
| |
the Authority of complaints about regulatory bodies), for “The Secretary of |
| |
State” substitute “The Privy Council”. |
| 15 |
(3) | In section 38(2) of that Act (regulations and orders), omit “regulations under |
| |
| |
223 | Accountability and governance |
| |
(1) | Schedule 7 to the National Health Service Reform and Health Care Professions |
| |
Act 2002 (constitution etc. of the Authority) is amended as follows. |
| 20 |
(2) | In paragraph 4 (membership and chair)— |
| |
(a) | in paragraph (e), for “the Secretary of State” substitute “the Privy |
| |
| |
(b) | in paragraph (f), for “two executive members” substitute “one |
| |
| 25 |
(3) | In paragraph 6 (appointments), for “The Secretary of State” substitute “The |
| |
| |
(4) | In paragraph 10 (remuneration and allowances)— |
| |
(a) | in each of sub-paragraphs (1) and (2), for “the Secretary of State” |
| |
substitute “the Authority”, and |
| 30 |
(b) | for sub-paragraphs (3) and (4) substitute— |
| |
“(3) | The Authority may provide for the payment of such pension, |
| |
allowance or gratuities as it may determine to or in respect of |
| |
a person who is or has been the chair or any other member of |
| |
| 35 |
(4) | The Authority may, where it considers there are special |
| |
circumstances that make it right for a person ceasing to hold |
| |
office as chair of the Authority to receive compensation, pay |
| |
the person such compensation as it may determine.” |
| |
(5) | In paragraph 11 (employees)— |
| 40 |
(a) | in sub-paragraph (1), for “members” substitute “member”, and |
| |
(b) | in sub-paragraph (2), for “members must be employees” substitute |
| |
“member must be an employee”. |
| |
|
| |
|
| |
|
(6) | In paragraph 15 (accounts)— |
| |
(a) | in each of sub-paragraphs (1) and (2), for “the Secretary of State” |
| |
substitute “the Privy Council”, and |
| |
(b) | in sub-paragraph (3)— |
| |
(i) | omit “the Secretary of State and”, and |
| 5 |
(ii) | for “the Secretary of State” substitute “the Privy Council”. |
| |
(7) | In paragraph 16 (reports and other information), after sub-paragraph (1A) |
| |
| |
“(1B) | The Authority must, by such date in each year as the Privy Council |
| |
| 10 |
(a) | a strategic plan for the Authority for the coming financial |
| |
| |
(b) | a strategic plan for the Authority for such of the subsequent |
| |
financial years as the Authority may determine.” |
| |
(8) | In sub-paragraph (2) of that paragraph, after “its report for that year” |
| 15 |
insert “, and a copy of each of its strategic plans published in that year,”. |
| |
(9) | In section 38 of that Act (regulations and orders), after subsection (3A) |
| |
(inserted by section 221(3)) insert— |
| |
“(3B) | A statutory instrument containing regulations made by the Privy |
| |
Council under paragraph 6 of Schedule 7 is subject to annulment in |
| 20 |
pursuance of a resolution of either House of Parliament.” |
| |
224 | Appointments to regulatory bodies |
| |
After section 25B of the National Health Service Reform and Health Care |
| |
Professions Act 2002 insert— |
| |
“25C | Appointments to regulatory bodies |
| 25 |
(1) | The Privy Council and a regulatory body may make arrangements for |
| |
the regulatory body or other persons to assist the Privy Council in |
| |
connection with its exercise of its appointment power in relation to the |
| |
| |
(2) | The Privy Council and the Authority may make arrangements for the |
| 30 |
Authority to assist the Privy Council in connection with— |
| |
(a) | its exercise of its appointment power in relation to a regulatory |
| |
| |
(b) | its exercise of its power under paragraph 4 of Schedule 7. |
| |
(3) | The Privy Council may make arrangements with any other person to |
| 35 |
assist it in connection with— |
| |
(a) | its exercise of its appointment power in relation to a regulatory |
| |
| |
(b) | its exercise of its power under paragraph 4 of Schedule 7. |
| |
(4) | The Scottish Ministers and the Authority may make arrangements for |
| 40 |
the Authority to assist them in connection with their exercise of their |
| |
power under that paragraph. |
| |
|
| |
|