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
Schedule 16 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
367

(a)
for “the Secretary of State determines” substitute “the Welsh
Ministers determine”,
(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
Ministers”.
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”,
and
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”.

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
368

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
Welsh Ministers”, and
(c)
for “the Comptroller and Auditor General” substitute “the Auditor
General for Wales”.
      (5)
In sub-paragraph (4)—
(a)
for “The Comptroller and Auditor General” substitute “The Auditor
15
General for Wales”, and
(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
Council”.
37
In paragraph 21 (evidence), for “an authority” substitute “the Welsh
Council”.
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”,

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
369

(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:
Wales”.
5
41
Section 125 (standard of proof in proceedings relating to registration of
social care worker)—
(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.
      (2)
In subsection (1)—
(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
Council” substitute—
““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
Council”.
      (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
Council”, and
(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:
Wales”.
Amendments to other Acts
44
In the following provisions, omit the entry for the General Social Care
40
Council—
(a)
the Schedule to the Public Bodies (Admission to Meetings) Act 1960,

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 2 — The Health and Care Professions Council
370

(b)
Schedule 2 to the Parliamentary Commissioner Act 1967,
(c)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,
(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”.
Part 2
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
Act 2006, and
45

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 3 — The Professional Standards Authority for Health and Social Care
371

(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
2007, insert—
“(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;”.
Part 3
The Professional Standards Authority for Health and Social Care
General
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
Excellence.
      (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.
Health Act 1999 (c. 8)
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
“Authority”.

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 3 — The Professional Standards Authority for Health and Social Care
372

56
In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare
Regulatory Excellence” substitute “the Professional Standards Authority for
Health and Social Care”.
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
“Authority”—
(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
Schedule 7.
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”.
Other Acts, etc.
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
Health and Social Care”—
(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

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 4 — The Office of the Health Professions Adjudicator
373

(b)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,
(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
insert—
“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).
Part 4
15
The Office of the Health Professions Adjudicator
Miscellaneous amendments
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
of the following—
(a)
Part 2 of Schedule 1 to the House of Commons Disqualification Act
1975,
(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
in each case.
      (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
been revoked).
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.