Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill


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

196

 

(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

medical condition;”.

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

subsection (11) insert—

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

Act 1999).”

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

meaning of that Order)”.

(6)   

In section 25 of the National Health Service Reform and Health Care

35

Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after

subsection (3) insert—

“(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

relating to—

(a)   

the social work profession in England, or

(b)   

social care workers in England.

(3B)   

For the purposes of subsection (3A)—

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

197

 

“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

subsection), or

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

commencement), and

“the social work profession in England” and “social care workers

in England” have the meaning given in section 60 of the 1999

Act.”

(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

period” is the period—

(a)   

beginning with the day on which this Act is passed, and

(b)   

ending with the commencement of section 209(1).

 
 

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

198

 

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

Excellence—

(a)   

is to continue to exist, and

5

(b)   

is to change its name to the Professional Standards Authority for Health

and Social Care.

(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

Professions etc.”.

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

request.”

(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

a periodic basis.”

(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”.

 
 

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

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(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

subsection (5A))”.

(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.

(5)   

The Authority must—

(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

 
 

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

200

 

(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

provision—

(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

consult—

(a)   

the Authority,

(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”

substitute “25A”.

(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

Parliament, or

(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

Parliament.”

(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

 
 

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

201

 

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

(a)   

a regulatory body;

(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

section 28 or”.

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

Council”, and

(b)   

in paragraph (f), for “two executive members” substitute “one

executive member”.

25

(3)   

In paragraph 6 (appointments), for “The Secretary of State” substitute “The

Privy Council”.

(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

the Authority.

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”.

 
 

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

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(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)

insert—

   “(1B)  

The Authority must, by such date in each year as the Privy Council

determines, publish—

10

(a)   

a strategic plan for the Authority for the coming financial

year, and

(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

regulatory body.

(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

body;

(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

body;

(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.

 
 

 
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