Health and Social Care Bill

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
208

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
other members of the public in relation to the performance of
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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
of voluntary registration functions and to encourage persons
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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
functions is a reference to the maintenance or operation of an
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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
subsection (2) insert—
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“(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.”
(3)
After subsection (3) of that section insert—
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“(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—
“(4A)
For the purposes of paragraph (c) of subsection (4), the reference in that
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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
accordance with section 25I.”
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(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
220(3)), insert—
“(1B)
The Secretary of State may request the Authority for advice on any
matter connected with accreditation of registers under section 25G; and
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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
accreditation of registers referred to in subsection (1D); and the
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Authority must comply with such a request.

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(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
of the social work profession in England;
(c)
participating in studies for the purpose of becoming an
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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
given in section 25E.”
(7)
In section 26B of that Act (duty of the Authority to inform and consult the
10
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.
(1B)
For the purpose of ensuring that members of the public are informed
about the exercise by the Authority of its accreditation functions, the
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Authority may publish or provide in such manner as it thinks fit
information about the exercise of those functions.
(1C)
For the purposes of this section, the Authority’s accreditation functions
are—
(a)
its functions under sections 25G to 25I,
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(b)
its functions under section 26 that relate to the performance of
voluntary registration functions (within the meaning given by
section 25I), and
(c)
its function under section 26A(1B).”
(8)
In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
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(9)
At the end of subsection (4) of that section insert “(other than its accreditation
functions)”.
Consequential provision etc.
227
Consequential provisions and savings, etc.
(1)
Parts 1 to 3 of Schedule 16 (which contain minor and consequential
30
amendments and savings relating to the preceding provisions of this Part)
have effect.
(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.
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(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
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—
40
“(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

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
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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
5
under that section amending or revoking provision made by those
amendments.
The Office of the Health Professions Adjudicator
228
Abolition of the Office of the Health Professions Adjudicator
(1)
The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
10
(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
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liabilities relating to staff) are transferred to the Secretary of State.
(4)
Part 4 of Schedule 16 (which contains consequential amendments and savings
in relation to the OHPA) has effect.
Part 8
The National Institute for Health and Care Excellence
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Establishment and general duties
229
The National Institute for Health and Care Excellence
(1)
There is to be a body corporate known as the National Institute for Health and
Care Excellence (referred to in this Part as “NICE”).
(2)
Schedule 17 (which makes further provision about NICE) has effect.
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230
General duties
(1)
In exercising its functions NICE must have regard to—
(a)
the broad balance between the benefits and costs of the provision of
health services or of social care in England,
(b)
the degree of need of persons for health services or social care in
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England, and
(c)
the desirability of promoting innovation in the provision of health
services or of social care in England.
(2)
NICE must exercise its functions effectively, efficiently and economically.
(3)
In this Part—
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“health services” means services which must or may be provided as part
of the health service in England;

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“social care” includes all forms of personal care and other practical
assistance provided for individuals who by reason of age, illness,
disability, pregnancy, childbirth, dependence on alcohol or drugs, or
any other similar circumstances, are in need of such care or other
assistance.
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Functions: quality standards
231
Quality standards
(1)
The relevant commissioner may direct NICE to prepare statements of
standards in relation to the provision of—
(a)
NHS services,
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(b)
public health services, or
(c)
social care in England.
(2)
In this Part such a statement is referred to as a “quality standard”.
(3)
In preparing a quality standard NICE must consult the public and, for that
purpose, may publish drafts of the standard.
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(4)
NICE must keep a quality standard under review and may revise it as it
considers appropriate.
(5)
A quality standard (and any revised standard)—
(a)
must be endorsed by the relevant commissioner, and
(b)
must not be published by NICE unless the relevant commissioner so
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requires.
(6)
The relevant commissioner may require NICE—
(a)
to publish the standard (or revised standard) generally or to persons
specified by the relevant commissioner, and
(b)
to do so in the manner specified by the relevant commissioner.
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(7)
NICE must—
(a)
establish a procedure for the preparation of quality standards, and
(b)
consult such persons as it considers appropriate in establishing that
procedure.
(8)
Subsection (9) applies in a case where the Secretary of State and the Board each
30
has power under this section to give NICE a direction to prepare a quality
standard in relation to the same matter or connected matters.
(9)
In such a case—
(a)
the Secretary of State and the Board may issue a joint direction under
subsection (1), and
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(b)
if they do so, NICE must prepare a joint quality standard in respect of
the matter or matters concerned.
(10)
In this section “the relevant commissioner”—
(a)
in relation to a quality standard in relation to the provision of NHS
services, means the Board, and
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(b)
in relation to a quality standard in relation to the provision of public
health services or of social care in England, means the Secretary of
State,

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and a reference to the relevant commissioner in relation to a joint quality
standard is a reference to both the Secretary of State and the Board.
(11)
In this Part—
“NHS services” means services the provision of which is arranged by the
Board or a commissioning consortium under the National Health
5
Service Act 2006 (including pursuant to arrangements made under
section 7A or 12 of that Act);
“public health services” means services provided pursuant to the
functions of—
(a)
the Secretary of State under section 2A or 2B of, or paragraph
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7C, 8 or 12 of Schedule 1 to, that Act, or
(b)
a local authority under section 2B or 111 of, or paragraphs 1 to
7B or 13 of Schedule 1 to, that Act.
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Supply of quality standards to other persons
(1)
Regulations may confer powers on NICE in relation to the supply by NICE of
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quality standards to—
(a)
devolved authorities, and
(b)
other persons (whether or not in the United Kingdom).
(2)
The regulations may in particular—
(a)
confer power on NICE to make such adjustments as NICE considers
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appropriate to a quality standard for the purposes of supplying it as
mentioned in subsection (1), and
(b)
provide for the imposition by NICE of charges for or in connection with
the supply of a quality standard as so mentioned.
(3)
Provision made under subsection (2)(b) may include provision for charges to
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be calculated on the basis NICE considers to be the appropriate commercial
basis.
(4)
In this section “devolved authority” means—
(a)
the Scottish Ministers,
(b)
the Welsh Ministers, and
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(c)
the Department of Health, Social Services and Public Safety in
Northern Ireland.
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Advice or guidance to the Secretary of State or the Board
(1)
NICE must give advice or guidance to the Secretary of State or the Board on
any quality matter referred to it by the Secretary of State or (as the case may be)
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the Board.
(2)
“Quality matter”—
(a)
in relation to the Secretary of State, means any matter in relation to
which the Secretary of State has the power to direct NICE to prepare a
quality standard, and
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(b)
in relation to the Board, means any matter in relation to which the
Board has the power to direct NICE to prepare a quality standard.