|
| |
|
(a) | for “the Secretary of State determines” substitute “the Welsh |
| |
| |
(b) | for “an authority” substitute “the Council”, |
| |
(c) | for “the authority” substitute “the Council”, and |
| |
(d) | for “the Secretary of State” substitute “the Welsh Ministers”. |
| 5 |
29 (1) | Paragraph 8 (chief officer) is amended as follows. |
| |
(2) | In sub-paragraph (1)— |
| |
(a) | for “each authority” substitute “the Welsh Council”, and |
| |
(b) | for “the authority”, in each place it appears, substitute “the Council”. |
| |
(3) | In sub-paragraph (2), for “the Secretary of State”, in each place it appears, |
| 10 |
substitute “the Welsh Ministers”. |
| |
(4) | In sub-paragraph (3), for “the authority” substitute “the Council”. |
| |
(5) | In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh |
| |
| |
30 (1) | Paragraph 12 (staff) is amended as follows. |
| 15 |
(2) | In sub-paragraph (1), for “An authority” substitute “The Welsh Council”. |
| |
(3) | In sub-paragraph (2)— |
| |
(a) | for “an authority” substitute “the Council”, and |
| |
(b) | for “the authority” substitute “the Council”. |
| |
(4) | In sub-paragraph (3), for “an authority” substitute “the Council”. |
| 20 |
(5) | In sub-paragraph (4)— |
| |
(a) | for “Secretary of State” substitute “Welsh Ministers”, |
| |
(b) | in paragraph (a), for “an authority” substitute “the Council”, and |
| |
(c) | in paragraph (c), for “the authority” substitute “the Council”. |
| |
31 (1) | Paragraph 13 (delegation of functions) is amended as follows. |
| 25 |
(2) | In sub-paragraph (1)— |
| |
(a) | for “An authority” substitute “The Welsh Council”, and |
| |
(b) | for “the authority” substitute “the Council”. |
| |
(3) | In sub-paragraph (2)— |
| |
(a) | for “An authority” substitute “The Council”, and |
| 30 |
(b) | for “the authority” substitute “the Council”. |
| |
32 | In paragraph 14 (arrangements for the use of staff)— |
| |
(a) | for “The Secretary of State” substitute “The Welsh Ministers”, |
| |
(b) | in paragraph (a), for “an authority” substitute “the Welsh Council”, |
| |
| 35 |
(c) | in paragraph (b), for “an authority” substitute “the Council”, and for |
| |
“the authority” substitute “the Council”. |
| |
33 | In paragraph 16 (payments to authorities)— |
| |
(a) | for “The Secretary of State” substitute “The Welsh Ministers”, |
| |
(b) | for “an authority” substitute “the Welsh Council”, and |
| 40 |
(c) | for “he considers” substitute “they consider”. |
| |
|
| |
|
| |
|
34 (1) | Paragraph 18 (accounts) is amended as follows. |
| |
(2) | In sub-paragraph (1)— |
| |
(a) | for “An authority” substitute “The Welsh Council”, and |
| |
(b) | for “the Secretary of State” substitute “the Welsh Ministers”. |
| |
(3) | In sub-paragraph (2)— |
| 5 |
(a) | for “An authority” substitute “The Council”, and |
| |
(b) | for “the Secretary of State” substitute “the Welsh Ministers”. |
| |
(4) | In sub-paragraph (3)— |
| |
(a) | for “An authority” substitute “The Council”, |
| |
(b) | for “the Secretary of State”, in each place it appears, substitute “the |
| 10 |
| |
(c) | for “the Comptroller and Auditor General” substitute “the Auditor |
| |
| |
(5) | In sub-paragraph (4)— |
| |
(a) | for “The Comptroller and Auditor General” substitute “The Auditor |
| 15 |
| |
(b) | for “Parliament” substitute “the Assembly”. |
| |
(6) | In sub-paragraph (5)— |
| |
(a) | for “an authority” substitute “the Council”, and |
| |
(b) | in paragraph (a), for “the authority” substitute “the Council”. |
| 20 |
35 (1) | Paragraph 19 (reports etc.) is amended as follows. |
| |
(2) | In sub-paragraph (1)— |
| |
(a) | for “an authority” substitute “the Welsh Council”, and |
| |
(b) | for “the Secretary of State” substitute “the Welsh Ministers”. |
| |
(3) | In sub-paragraph (2)— |
| 25 |
(a) | for “An Authority” substitute “The Council”, |
| |
(b) | for “the Secretary of State” substitute “the Welsh Ministers”, and |
| |
(c) | for “he” substitute “they”. |
| |
(4) | In sub-paragraph (3), for “the authority” substitute “the Council”. |
| |
36 | In paragraph 20 (application of seal)— |
| 30 |
(a) | for “an authority” substitute “the Welsh Council”, and |
| |
(b) | in paragraphs (a) and (b), for “the authority” substitute “the |
| |
| |
37 | In paragraph 21 (evidence), for “an authority” substitute “the Welsh |
| |
| 35 |
38 | For the title to Schedule 1 substitute “The Welsh Council”. |
| |
Amendments to the Health and Social Care Act 2008 (c. 14) |
| |
39 | The Health and Social Care Act 2008 is amended as follows. |
| |
40 (1) | In section 124 (regulation of social care workers)— |
| |
(a) | in subsection (1), for “appropriate Minister”, in each place it appears, |
| 40 |
substitute “Welsh Ministers”, |
| |
|
| |
|
| |
|
(b) | in that subsection, for “their regulation” substitute “the regulation of |
| |
social care workers”, and |
| |
(c) | in subsection (3), omit the definition of “the appropriate Minister”. |
| |
(2) | For the title to that section substitute “Regulation of social care workers: |
| |
| 5 |
41 | Section 125 (standard of proof in proceedings relating to registration of |
| |
| |
(a) | in subsection (2), for “a committee of a Council, a Council itself or |
| |
any officer of a Council” substitute “the Care Council for Wales, a |
| |
committee of the Council or any officer of the Council”, and |
| 10 |
(b) | in subsection (3), omit paragraph (a). |
| |
42 (1) | Section 126 (education and training of approved mental health |
| |
professionals) is amended as follows. |
| |
| |
(a) | for “appropriate Minister” substitute “Welsh Ministers”, and |
| 15 |
(b) | omit “the General Social Care Council or”. |
| |
(3) | In subsection (4), omit the definition of “the appropriate Minister”. |
| |
(4) | For the title to section 126 substitute “Education and training of approved |
| |
mental health professionals: Wales”. |
| |
43 (1) | Schedule 9 (regulation of social care workers) is amended as follows. |
| 20 |
(2) | In paragraph 1 (interpretation), for the definition of “the appropriate |
| |
| |
““the Council” means the Care Council for Wales.” |
| |
(3) | In paragraph 2 (matters generally within the scope of regulations), in |
| |
paragraphs (a) and (h), for “the appropriate Council” substitute “the |
| 25 |
| |
(4) | In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” |
| |
substitute “the Council”. |
| |
(5) | In paragraph 6 (sub-delegation), in paragraph (a), omit the words from |
| |
“Ministers of the Crown” to “Welsh Ministers, on”. |
| 30 |
(6) | In paragraph 8 (matters outside the scope of regulations)— |
| |
(a) | in sub-paragraph (1), omit “the General Social Care Council or”, |
| |
(b) | in sub-paragraph (2), for “either of those Councils” substitute “the |
| |
| |
(c) | in that sub-paragraph, for “that Council” substitute “the Council”. |
| 35 |
(7) | Omit paragraph 9 (preliminary procedure for making regulations: England). |
| |
(8) | For the title to that Schedule substitute “Regulation of social care workers: |
| |
| |
| |
44 | In the following provisions, omit the entry for the General Social Care |
| 40 |
| |
(a) | the Schedule to the Public Bodies (Admission to Meetings) Act 1960, |
| |
|
| |
|
| |
|
(b) | Schedule 2 to the Parliamentary Commissioner Act 1967, |
| |
(c) | Part 2 of Schedule 1 to the House of Commons Disqualification |
| |
| |
(d) | Part 2 of Schedule 1 to the Northern Ireland Assembly |
| |
Disqualification Act 1975, and |
| 5 |
(e) | Part 6 of Schedule 1 to the Freedom of Information Act 2000. |
| |
45 | In section 343 of the Income Tax (Earning and Pensions) Act 2003 |
| |
(deductions for professional membership fees), in paragraph 1 of the Table |
| |
in subsection (2), omit sub-paragraph (o). |
| |
46 | In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: |
| 10 |
duty to refer), in entry number 8 in the table in subsection (7)— |
| |
(a) | in the first column, after “social care workers” insert “in Wales”, and |
| |
(b) | in the second column, for the words from “General” to the end |
| |
substitute “Care Council for Wales”. |
| |
| 15 |
The Health and Care Professions Council |
| |
47 (1) | A reference in any instrument or document to the Health Professions |
| |
Council is to be read, in relation to any time after the commencement of |
| |
section 211(1), as a reference to the Health and Care Professions Council. |
| |
(2) | A reference in this Act or any other enactment, or in any other instrument or |
| 20 |
document, to the Health and Care Professions Council is to be read, in |
| |
relation to any time before the commencement of section 211(1), as a |
| |
reference to the Health Professions Council. |
| |
(3) | In sub-paragraph (2), “enactment” means an enactment contained in, or in |
| |
an instrument made under— |
| 25 |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | an Act or Measure of the National Assembly for Wales, or |
| |
(d) | Northern Ireland legislation. |
| |
48 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, |
| 30 |
at the appropriate place insert— |
| |
“The Health and Care Professions Council”. |
| |
49 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975, at the appropriate place insert— |
| |
“The Health and Care Professions Council”. |
| 35 |
50 | In the following provisions, for “the Health Professions Council” substitute |
| |
“the Health and Care Professions Council”— |
| |
(a) | Part 6 of Schedule 1 to the Freedom of Information Act 2000, |
| |
(b) | section 25(3)(gb) of the National Health Service Reform and Health |
| |
Care Professions Act 2002, |
| 40 |
(c) | section 4(4)(a) of the Health (Wales) Act 2003, |
| |
(d) | paragraph 1(f) of the Table in section 343(2) of the Income Tax |
| |
(Earning and Pensions) Act 2003, |
| |
(e) | paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups |
| |
| 45 |
|
| |
|
| |
|
(f) | sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable |
| |
Groups (Scotland) Act 2007. |
| |
51 | In section 257(3) of the Armed Forces Act 2006 (definition of “registered |
| |
social worker”), for paragraph (a) substitute— |
| |
“(a) | the Health and Care Professions Council;”. |
| 5 |
52 | After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act |
| |
| |
“(6) | The reference in subsection (5) to the Health and Care Professions |
| |
Council does not include a reference to that body in so far as it has |
| |
functions relating to the social work profession in England or social |
| 10 |
care workers in England (each of those expressions having the same |
| |
meaning as in section 60 of the Health Act 1999).” |
| |
53 | In Part 1 of the Schedule to the National Assembly for Wales |
| |
(Disqualification) Order 2006 (S.I. 2006/3335) (bodies of which all members |
| |
are disqualified), at the appropriate place insert— |
| 15 |
“Health and Care Professions Council;”. |
| |
| |
The Professional Standards Authority for Health and Social Care |
| |
| |
54 (1) | A reference in any instrument or document to the Council for Healthcare |
| 20 |
Regulatory Excellence is to be read, in relation to any time after the |
| |
commencement of section 219(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 |
| 25 |
Care is to be read, in relation to any time before the commencement of |
| |
section 219(1), as a reference to the Council for Healthcare Regulatory |
| |
| |
(3) | In sub-paragraph (2), “enactment” means an enactment contained in, or in |
| |
an instrument made under— |
| 30 |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | an Act or Measure of the National Assembly for Wales, or |
| |
(d) | Northern Ireland legislation. |
| |
| 35 |
55 | In section 60(1) of the Health Act 1999— |
| |
(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 |
| 40 |
| |
|
| |
|
| |
|
56 | In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare |
| |
Regulatory Excellence” substitute “the Professional Standards Authority for |
| |
| |
National Health Service Reform and Health Care Professions Act 2002 (c. 17) |
| |
57 | In each of the following provisions of the National Health Service Reform |
| 5 |
and Health Care Professions Act 2002, for “Council” substitute |
| |
| |
(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), |
| 10 |
(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) and (7) (in each case, in each place it appears), |
| |
(h) | in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it |
| 15 |
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), |
| |
(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), |
| 20 |
(i) | the title of each of sections 26, 27 and 29, and |
| |
(j) | the cross-heading preceding each of paragraphs 14 and 19 of |
| |
| |
58 | 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”. |
| 25 |
59 | In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for |
| |
“Council’s” substitute “Authority’s”. |
| |
60 | For the title to Schedule 7 substitute “The Professional Standards Authority |
| |
for Health and Social Care”. |
| |
| 30 |
61 | 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)”. |
| |
62 | In each of the following provisions, for “the Council for Healthcare |
| |
Regulatory Excellence” substitute “the Professional Standards Authority for |
| 35 |
| |
(a) | paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies |
| |
(Admission to Meetings) Act 1960, |
| |
(b) | paragraph (b) of the definition of “relevant disciplinary proceedings” |
| |
in section 201(4) of the National Health Service Act 2006, and |
| 40 |
(c) | paragraph (b) of the definition of “relevant disciplinary proceedings” |
| |
in section 149(4) of the National Health Service (Wales) Act 2006. |
| |
63 (1) | In each of the following provisions, omit the entry for “The Council for |
| |
Healthcare Regulatory Excellence”— |
| |
(a) | Schedule 1 to the Public Records Act 1958, |
| 45 |
|
| |
|
| |
|
(b) | Part 2 of Schedule 1 to the House of Commons Disqualification |
| |
| |
(c) | Part 2 of Schedule 1 to the Northern Ireland Assembly |
| |
Disqualification Act 1975, |
| |
(d) | Part 6 of Schedule 1 to the Freedom of Information Act 2000, and |
| 5 |
(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 |
| |
| |
“The Professional Standards Authority for Health and Social Care”. |
| 10 |
(3) | Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 |
| |
(which provides for the inclusion of a reference to the Council for Healthcare |
| |
Regulatory Excellence in the National Assembly for Wales (Disqualification) |
| |
Order 2006, which has itself been revoked). |
| |
| 15 |
The Office of the Health Professions Adjudicator |
| |
| |
64 | In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit |
| |
paragraphs 1(bcb) and 2(cb). |
| |
65 (1) | Omit the entry for the Office of the Health Professions Adjudicator in each |
| 20 |
| |
(a) | Part 2 of Schedule 1 to the House of Commons Disqualification Act |
| |
| |
(b) | Part 2 of Schedule 1 to the Northern Ireland Assembly |
| |
Disqualification Act 1975, |
| 25 |
(c) | Part 6 of Schedule 1 to the Freedom of Information Act 2000, and |
| |
(d) | the table in Article 2 of the Administrative Justice and Tribunals |
| |
Council (Listed Tribunals) Order 2007 (S.I. 2007/2951). |
| |
(2) | In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of |
| |
Schedule 10 to the Health and Social Care Act 2008 and the preceding “and” |
| 30 |
| |
(3) | Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 |
| |
(which inserts a reference to the OHPA in the National Assembly for Wales |
| |
(Disqualification) Order 2006, which has itself been revoked). |
| |
(4) | Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA |
| 35 |
in the Pharmacists and Pharmacy Technicians Order 2007, which has itself |
| |
| |
Amendments to the Health Act 1999 (c. 8) |
| |
66 (1) | The Health Act 1999 is amended as follows. |
| |
(2) | Omit section 60(1)(f) (power to modify constitution or functions of OHPA). |
| 40 |
(3) | In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the |
| |
Health and Social Care Act 2008. |
| |
|
| |
|