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Health and Social Care Bill


Health and Social Care Bill
Schedule 8 — Extension of powers under s. 60 of Health Act 1999

166

 

   

and may make such order as to costs (or, in Scotland, expenses) as it

thinks fit.

(9)   

If the Council do refer a case, the registrar must without delay serve

on the person to whom the relevant decision relates notification of

the reference of the case to the court.

5

(10)   

In subsection (4) “relevant court” has the same meaning as in section

23G(4)(a) except that where the reference is of a relevant decision

falling within subsection (2)(d) or (e) “relevant court” has the same

meaning as in section 23G(4)(b) and (c).”

47         

In section 29 of the 1989 Act (provision as to death or bankruptcy of

10

registered optician), in subsection (3), for “Fitness to Practise Committee

may, if they think” substitute “Adjudicator may, on the matter being

referred to it by the registrar, if it thinks”.

48         

In section 33 of the 1989 Act (default powers of Privy Council), in subsection

(3)(b), after “23C,” insert “23CA,”.

15

49         

In section 34 of the 1989 Act (subordinate legislation procedure), in

subsection (2), after “23C” insert “or 23CA”.

50         

In section 36 of the 1989 Act (interpretation), in subsection (1), before the

definition of “approved training establishment” insert—

“ “the Adjudicator” means the Office of the Health Professions

20

Adjudicator;”.

51         

In Schedule 1 to the 1989 Act (constitution etc of General Optical Council),

in paragraph 12, for “, the Registration Appeals Committee and the Fitness

to Practise Committee” substitute “and the Registration Appeals

Committee”.

25

Schedule 8

Section 106

 

Extension of powers under s. 60 of Health Act 1999

1     (1)  

Section 60 of the 1999 Act (regulation of health care and associated

professions) is amended as follows.

      (2)  

In subsection (1), after paragraph (e) insert—

30

“(f)   

modifying the constitution, functions, powers or duties of the

Office of the Health Professions Adjudicator.”.

      (3)  

In subsection (2)—

(a)   

in paragraph (a), omit “the Pharmacy Act 1954,”, and

(b)   

after that paragraph insert—

35

“(aa)   

the professions regulated by the Pharmacists and

Pharmacy Technicians Order 2007 and the Pharmacy

(Northern Ireland) Order 1976,”.

      (4)  

After subsection (2) insert—

“(2A)   

Her Majesty may also by Order in Council make provision relating

40

to, or connected with, the functions of the relevant regulatory body

in relation to—

 
 

Health and Social Care Bill
Schedule 8 — Extension of powers under s. 60 of Health Act 1999

167

 

(a)   

the registration of premises under Part 4 of the Medicines Act

1968 (pharmacies),

(b)   

the regulation of the use of premises for the purposes of a

retail pharmacy business, within the meaning of the

Medicines Act 1968,

5

(c)   

compliance with the provisions of that Act,

(d)   

compliance with the provisions of the Poisons Act 1972 or the

Poisons (Northern Ireland) Order 1976 by persons admitted

to practice and persons carrying on a retail pharmacy

business, and

10

(e)   

the grant of authorisations under section 28 of the Regulation

of Investigatory Powers Act 2000 (authorisation of directed

surveillance).

(2B)   

In subsection (2A) “the relevant regulatory body” means the body (or

main body) responsible for the regulation of the professions referred

15

to in subsection (2)(aa).”

2          

In section 62 of the 1999 Act (regulations and orders), in subsection (10), after

“that Parliament” insert “and is not merely incidental to, or consequential

on, provision that (if so included) would be outside that competence”.

3          

Schedule 3 to the 1999 Act (which relates to the power in section 60 of the

20

Act) is amended as follows.

4     (1)  

Paragraph 7 (matters outside the scope of the Orders) is amended as follows.

      (2)  

For sub-paragraph (1) substitute—

    “(1)  

An Order may not abolish—

(a)   

the regulatory body of any profession to which section

25

60(2)(a) applies,

(b)   

the Royal Pharmaceutical Society of Great Britain or the

Pharmaceutical Society of Northern Ireland,

(c)   

the Health Professions Council,

(d)   

the Nursing and Midwifery Council, or

30

(e)   

any other regulatory body established by an Order.

     (1A)  

Sub-paragraph (1)(b) does not prevent an Order in Council from

establishing a new regulatory body for the professions mentioned

in section 60(2)(aa) and transferring to it any of the functions of the

the Royal Pharmaceutical Society of Great Britain or the

35

Pharmaceutical Society of Northern Ireland.”

      (3)  

Omit sub-paragraph (2) (which prevents an Order in Council under section

60 of the 1999 Act from imposing a requirement which would have the effect

that a majority of the members of the regulatory body of a profession would

be persons not included in the register of members admitted to practice).

40

      (4)  

Omit sub-paragraph (3) (which prevents an Order in Council under section

60 of the 1999 Act from providing for a function conferred on the Privy

Council, in relation to any profession to which subsection (2)(a) of that

section applies, to be exercised by a different person).

5     (1)  

Paragraph 8 (other matters outside the scope of the Orders) is amended as

45

follows.

 
 

Health and Social Care Bill
Schedule 8 — Extension of powers under s. 60 of Health Act 1999

168

 

      (2)  

In sub-paragraph (2) omit paragraph (d).

      (3)  

After that sub-paragraph insert—

   “(2A)  

Where an enactment provides, in relation to any profession, for

any function of administering procedures (including making

rules) relating to misconduct, unfitness to practise and similar

5

matters to be exercised by the regulatory body or any of its

committees or officers, an Order may not provide for any person

other than that regulatory body or any of its committees or officers

or the Office of the Health Professions Adjudicator to exercise that

function.

10

     (2B)  

In sub-paragraphs (1) and (2A) references to a regulatory body do

not include references to the Royal Pharmaceutical Society of

Great Britain or the Pharmaceutical Society of Northern Ireland.”

6     (1)  

Paragraph 9 (preliminary procedure for making Orders) is amended as

follows.

15

      (2)  

In sub-paragraph (1)(b)—

(a)   

for “the profession”, where it first occurs, substitute “any

profession”, and

(b)   

for “by the profession” substitute “by any profession to be

regulated”.

20

      (3)  

After sub-paragraph (1) insert—

   “(1A)  

In the case of a draft Order which amends or repeals—

(a)   

an enactment contained in an Act of the Scottish

Parliament or in an instrument made under such an Act, or

(b)   

any other enactment that extends to Scotland and relates to

25

matters falling within the legislative competence of the

Scottish Parliament,

           

but does not contain provision of the kind mentioned in sub-

paragraph (3), the persons consulted by the Secretary of State

under sub-paragraph (1)(b) must include the Scottish Ministers.”

30

      (4)  

In sub-paragraph (3) after “that Parliament” insert “and is not merely

incidental to, or consequential on, provision that (if so included) would be

outside that competence”.

7          

In paragraph 10 (interpretation of the Schedule)—

(a)   

before the definition of “Order” insert—

35

“ “dental practitioner” means a person registered in the

dentists register under the Dentists Act 1984,

“enactment” means an enactment contained in, or in an

instrument made under—

(a)   

an Act of Parliament,

40

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure or Act of the National Assembly for

Wales, or

(d)   

Northern Ireland legislation,

“functions” includes powers and duties,

45

 
 

Health and Social Care Bill
Schedule 9 — Regulation of social care workers

169

 

“medical practitioner” means a registered medical

practitioner as defined by Schedule 1 to the

Interpretation Act 1978,”, and

(b)   

omit the words from “and other expressions” to the end.

8          

In paragraph 11 (which contains further interpretative provisions), in sub-

5

paragraph (2)—

(a)   

in paragraph (c), for “Part 1 of the 1977 Act” substitute “Part 4 of the

National Health Service Act 2006 or Part 4 of the National Health

Service (Wales) Act 2006”, and

(b)   

in paragraph (d), for “Part 1 of the 1977 Act” substitute “Part 5 of the

10

National Health Service Act 2006 or Part 5 of the National Health

Service (Wales) Act 2006”.

9          

Omit paragraph 12 (which confers limited powers in relation to the

profession regulated by the Pharmacy (Northern Ireland) Order 1976 (S.I.

1976/1213 (N.I. 22))).

15

Schedule 9

Section 118

 

Regulation of social care workers

Interpretation

1          

In this Schedule—

“functions” includes powers and duties;

20

“regulations” means regulations under section 118;

“the appropriate Council” means—

(a)   

in relation to regulations made by the Secretary of State, the

General Social Care Council, and

(b)   

in relation to regulations made by the Welsh Ministers, the

25

Care Council for Wales.

Matters generally within the scope of the regulations

2          

Regulations may make provision for the following matters (among others)—

(a)   

the functions of the appropriate Council;

(b)   

the keeping of registers of any description of social care worker;

30

(c)   

education and training;

(d)   

privileges of registered persons;

(e)   

standards of conduct and performance (including standards of

conduct and performance of social care workers carrying out the

functions of an approved mental health professional within the

35

meaning of section 114 of the Mental Health Act 1983 (c. 20));

(f)   

discipline;

(g)   

removal or suspension from registration or the imposition of

conditions on registration;

(h)   

investigation and enforcement by or on behalf of the appropriate

40

Council;

(i)   

appeals;

 
 

Health and Social Care Bill
Schedule 9 — Regulation of social care workers

170

 

(j)   

codes of practice or guidance for persons employing or seeking to

employ social care workers.

Manner of exercise of power

3          

The power to make regulations may be exercised by amending or repealing

any provision (other than section 55) of the Care Standards Act 2000 (c. 14)

5

and any other enactment and any other instrument or document.

4          

The power may be exercised so as to make provision for the delegation of

functions, including provision conferring power to make, confirm or

approve subordinate legislation.

5          

The power may be exercised so as to make provision—

10

(a)   

for the charging of fees, and

(b)   

for the making of payments by the appropriate Council.

6          

The power may be exercised so as to—

(a)   

confer functions (including power to pay grants) on Ministers of the

Crown or, in the case of regulations made by the Welsh Ministers, on

15

the Welsh Ministers, or

(b)   

modify their functions.

7          

The power may not be exercised so as to create any criminal offence, except

an offence punishable on summary conviction with a fine not exceeding the

amount specified as level 5 on the standard scale.

20

Matters outside the scope of regulations

8     (1)  

Regulations may not abolish the General Social Care Council or the Care

Council for Wales.

      (2)  

Where the Care Standards Act 2000 provides for any function mentioned in

sub-paragraph (3) to be exercised by either of those Councils or any of its

25

committees or officers, regulations may not provide for any person other

than that Council or any of its committees or officers to exercise that

function.

      (3)  

Those functions are—

(a)   

keeping the register of social care workers of any description,

30

(b)   

determining standards of education and training required as a

condition of registration,

(c)   

giving advice about standards of conduct and performance, and

(d)   

administering procedures (including making rules) relating to

misconduct, removal from registration and similar matters.

35

Preliminary procedure for making regulations: England

9     (1)  

If the Secretary of State proposes to lay a draft of regulations before

Parliament, the Secretary of State must first—

(a)   

publish a draft of the regulations, and

(b)   

invite representations to be made to the Secretary of State about the

40

draft by—

(i)   

persons appearing to the Secretary of State to represent social

care workers affected by the regulations,

 
 

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2

171

 

(ii)   

persons appearing to the Secretary of State appropriate to

represent those provided with services by such social care

workers, and

(iii)   

any other persons appearing to the Secretary of State

appropriate to consult about the draft.

5

      (2)  

After the end of the period of 3 months beginning with the publication of the

draft, the Secretary of State may lay the draft as published, or that draft with

any modifications the Secretary of State considers appropriate, together

with a report about the consultation, before Parliament.

Preliminary procedure for making regulations: Wales

10

10    (1)  

If the Welsh Ministers propose to lay a draft of regulations before the

National Assembly for Wales, the Welsh Ministers must first—

(a)   

publish a draft of the regulations, and

(b)   

invite representations to be made to the Welsh Ministers about the

draft by—

15

(i)   

persons appearing to the Welsh Ministers to represent social

care workers affected by the regulations,

(ii)   

persons appearing to the Welsh Ministers appropriate to

represent those provided with services by such social care

workers, and

20

(iii)   

any other persons appearing to the Welsh Ministers

appropriate to consult about the draft.

      (2)  

After the end of the period of 3 months beginning with the publication of the

draft, the Welsh Ministers may lay the draft as published, or that draft with

any modifications they consider appropriate, together with a report about

25

the consultation, before the National Assembly for Wales.

Schedule 10

Section 121

 

Further amendments relating to Part 2

Provision consequential on section 108(1)

1     (1)  

Any reference in any instrument or document to the Council for the

30

Regulation of Health Care Professionals is to be read, in relation to any time

after the commencement of section 108(1), as a reference to the Council for

Healthcare Regulatory Excellence.

      (2)  

Any reference in this Act or in any other enactment, instrument or document

to the Council for Healthcare Regulatory Excellence is to be read, in relation

35

to any time before the commencement of section 108(1), as a reference to the

Council for the Regulation of Health Care Professionals.

Public Records Act 1958 (c. 51)

2          

In Schedule 1 to the Public Records Act 1958 (definition of public records),

in Part 2 of the table set out in paragraph 3 of that Schedule—

40

(a)   

for “Council for the Regulation of Health Care Professionals”

substitute “Council for Healthcare Regulatory Excellence”, and

 
 

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2

172

 

(b)   

at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

3          

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—

(a)   

in paragraph 1 (bodies to which in England and Wales Act applies),

5

for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the

2002 Act substitute—

“(bca)   

the Council for Healthcare Regulatory Excellence;

(bcb)   

the Office of the Health Professions Adjudicator;”,

and

10

(b)   

in paragraph 2 (bodies to which in Scotland Act applies), before

paragraph (d) insert—

“(ca)   

the Council for Healthcare Regulatory Excellence;

(cb)   

the Office of the Health Professions Adjudicator;”.

House of Commons Disqualification Act 1975 (c. 24)

15

4          

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified)—

(a)   

for “The Council for the Regulation of Health Care Professionals”

substitute “The Council for Healthcare Regulatory Excellence”, and

(b)   

at the appropriate place insert—

20

“The Office of the Health Professions Adjudicator.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5          

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified)—

(a)   

for “The Council for the Regulation of Health Care Professionals”

25

substitute “The Council for Healthcare Regulatory Excellence”, and

(b)   

at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”

Race Relations Act 1976 (c. 74)

6          

In Schedule 1A to the Race Relations Act 1976 (bodies and other persons

30

subject to general statutory duty)—

(a)   

in Part 2, at the appropriate place under the heading “Health”

insert—

“The Office of the Health Professions Adjudicator.”, and

(b)   

in Part 3, for “The Council for the Regulation of Health Care

35

Professionals” substitute “The Council for Healthcare Regulatory

Excellence”.

Dentists Act 1984 (c. 24)

7          

In section 27 of the Dentists Act 1984 (allegations against registered dentists),

in subsection (2)(g), after “social care profession” insert “, or by the Office of

40

the Health Professions Adjudicator,”.

 
 

 
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