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Health and Social Care Bill


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

173

 

8          

In section 36A of the Dentists Act 1984 (professions complementary to

dentistry), in subsection (1)(b), for “the Council for the Regulation of Health

Care Professionals” substitute “the Council for Healthcare Regulatory

Excellence”.

9          

In section 36N of the Dentists Act 1984 (allegations against registered dental

5

care professionals), in subsection (2)(g), after “social care profession” insert

“, or by the Office of the Health Professions Adjudicator,”.

Health Act 1999 (c. 8)

10         

In section 60 of the 1999 Act (regulation of health care and associated

professions), in subsection (1)(c), for “the Council for the Regulation of

10

Health Care Professionals” substitute “the Council for Healthcare

Regulatory Excellence”.

11         

In section 62 of the 1999 Act (regulations and orders), for subsection (4)

substitute—

“(4)   

Any power under this Act to make Orders in Council or orders—

15

(a)   

may be exercised either in relation to all cases to which the

power extends, or in relation to all cases subject to specified

exceptions, or in relation to any specified cases or classes of

case,

(b)   

may be exercised so as to make, as respects the cases in

20

relation to which it is exercised—

(i)   

the full provision to which the power extends or any

less provision (whether by way of exception or

otherwise),

(ii)   

the same provision for all cases in relation to which

25

the power is exercised, or different provision for

different cases or different classes of case, or different

provision as respects the same case or class of case for

different purposes of this Act,

(iii)   

any such provision either unconditionally or subject

30

to any specified condition, and

(c)   

may, in particular, be exercised so as to make different

provision for different areas.

(4A)   

Any such power includes power—

(a)   

to make such incidental, supplementary, consequential,

35

saving or transitional provision (including provision

amending, repealing or revoking enactments) as the person

exercising the power considers to be expedient, and

(b)   

to provide for a person to exercise a discretion in dealing with

any matter.”

40

12         

In Schedule 3 to the 1999 Act (regulation of health care and associated

professions), in paragraph 7(4), for “the Council for the Regulation of Health

Care Professionals” substitute “the Council for Healthcare Regulatory

Excellence”.

 
 

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

174

 

Freedom of Information Act 2000 (c. 36)

13         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities)—

(a)   

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

substitute “The Council for Healthcare Regulatory Excellence”, and

5

(b)   

at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”

Nursing and Midwifery Order 2001 (S.I. 2002/253)

14         

In article 22 of the Nursing and Midwifery Order 2001 (allegations), in

paragraph (1)(a)(v), after “social care profession” insert “, or by the Office of

10

the Health Professions Adjudicator,”.

Health Professions Order 2001 (S.I. 2002/254)

15         

In article 22 of the Health Professions Order 2001 (allegations), in paragraph

(1)(a)(v), after “social care profession” insert “, or by the Office of the Health

Professions Adjudicator,”.

15

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

16         

For the title to section 25 of the 2002 Act, and for the heading immediately

preceding the section, substitute “The Council for Healthcare Regulatory

Excellence”.

17    (1)  

Section 25 of the 2002 Act is amended as follows.

20

      (2)  

In subsection (3), for paragraphs (h) and (i) substitute—

“(ga)   

the Nursing and Midwifery Council,

(gb)   

the Health Professions Council, and”.

      (3)  

In that subsection, for paragraph (j) substitute—

“(j)   

any other regulatory body (within the meaning of Schedule 3

25

to the 1999 Act) established by an Order in Council under

section 60 of that Act.”

      (4)  

In subsection (6), omit “and (3)”.

18         

For the title to Schedule 7 to the 2002 Act substitute “The Council for

Healthcare Regulatory Excellence”.

30

Health Act 2006 (c. 28)

19         

In section 58 of the Health Act 2006 (which enables the Secretary of State to

arrange for appointment functions of the Secretary of State to be exercised

by the Appointments Commission), in subsection (3), for the words from

“chairmen” to the end substitute—

35

“(a)   

chairmen and non-executive members of any of the statutory

bodies listed in Schedule 5, and

(b)   

non-executive members of the Council for Healthcare

Regulatory Excellence.”

20         

In section 60 of the Health Act 2006 (which enables the Privy Council to

40

arrange for its functions relating to the appointment of regulatory bodies to

 
 

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

175

 

be exercised by the Appointments Commission), after subsection (2) insert—

“(3)   

The Commission is to exercise so much of any function of the Privy

Council relating to the appointment of—

(a)   

the chair of the Council for Healthcare Regulatory Excellence,

or

5

(b)   

members of the Office of the Health Professions Adjudicator,

   

as may be specified in a direction given by the Privy Council.”

21         

In section 63 of the Health Act 2006 (Appointments Commission to assist

other bodies with appointments), after subsection (6) insert—

“(6A)   

The Commission may enter into arrangements under subsection (6B)

10

with the Office of the Health Professions Adjudicator.

(6B)   

Arrangements under this subsection are arrangements providing for

the Commission to assist the Office of the Health Professions

Adjudicator in connection with the exercise of its powers relating

to—

15

(a)   

the appointment of executive members of the Office of the

Health Professions Adjudicator, or

(b)   

the appointment of persons to lists under section 96 of the

Health and Social Care Act 2008 (lists of persons eligible for

membership of the OHPA’s fitness to practise panels).”

20

22         

In Schedule 5 to the Health Act 2006 (Appointments Commission: list of

statutory bodies), omit the entry relating to the Council for the Regulation of

Health Care Professionals.

National Health Service Act 2006 (c. 41)

23         

In section 201 of the National Health Service Act 2006 (disclosure of

25

information), in subsection (4)(b), for “Council for the Regulation of Health

Care Professionals” substitute “Council for Healthcare Regulatory

Excellence”.

National Health Service (Wales) Act 2006 (c. 42)

24         

In section 149 of the National Health Service (Wales) Act 2006 (disclosure of

30

information), in subsection (4)(b), for “Council for the Regulation of Health

Care Professionals” substitute “Council for Healthcare Regulatory

Excellence”.

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)

25         

In article 48 of the Pharmacists and Pharmacy Technicians Order 2007

35

(impairment of fitness to practise), in paragraph (1)(k), after “social care

profession” insert “, or by the Office of the Health Professions Adjudicator,”.

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

176

 

Schedule 11

Section 124

 

Public health protection: further amendments

Introductory

1          

In this Schedule “the 1984 Act” means the Public Health (Control of Disease)

Act 1984 (c. 22).

5

Local Government, Planning and Land Act 1980 (c. 65)

2          

In section 159 of the Local Government, Planning and Land Act 1980 (public

health etc.), in subsection (1), omit paragraph (e) and the word “and”

immediately preceding it.

Public Health (Control of Disease) Act 1984

10

3     (1)  

Section 1 (authorities administering Act) of the 1984 Act is amended as

follows.

      (2)  

For subsection (1) substitute—

“(1)   

In this Act “local authority” means any of the following—

(a)   

a district council;

15

(b)   

in England, a county council for an area for which there is no

district council;

(c)   

in Wales, a county council or county borough council;

(d)   

a London borough council;

(e)   

the Common Council of the City of London;

20

(f)   

the Sub-Treasurer of the Inner Temple and the Under

Treasurer of the Middle Temple;

(g)   

the Council of the Isles of Scilly.”

      (3)  

Omit subsections (2) and (4).

4     (1)  

Section 5 of the 1984 Act (financial provisions as to port health authorities)

25

is amended as follows.

      (2)  

In subsection (2), for the words from “shall” onwards substitute “shall be

defrayed by the constituent districts in such proportions and in such manner

as may be determined by or in accordance with the order.”

      (3)  

In subsection (3), omit “or rating districts”.

30

5          

In section 7 of the 1984 Act (port health district and authority for Port of

London), in subsection (4), omit paragraphs (c) and (d).

6          

Omit section 9 of the 1984 Act (vessels in inland or coastal waters).

7          

In section 48 of the 1984 Act (removal of body to mortuary or for immediate

burial), in subsection (1), for the words from “in any building” to

35

“neighbouring building” substitute “in any place would endanger the health

of any person”.

8          

In section 49 of the 1984 Act (regulations as to canal boats), in subsection

(1)—

(a)   

at the end of paragraph (a) insert “and”,

40

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

177

 

(b)   

omit paragraph (c) and the word “and” immediately preceding it.

9          

In section 50 of the 1984 Act (power to enter and inspect canal boats) in

subsection (2)—

(a)   

omit paragraph (b) and the word “or” immediately preceding it, and

(b)   

omit “or any person on board suffering from an infectious disease”.

5

10         

In section 51 of the 1984 Act (duties of local authorities and port health

authorities under Part 4)—

(a)   

omit subsection (1), and

(b)   

in subsection (2) omit the words “the provisions of this Part of this

Act and”.

10

11         

Omit section 52 of the 1984 Act (prosecution of offences under Part 4).

12         

Omit sections 54 to 57 of the 1984 Act.

13         

In section 58 of the 1984 Act (form of notices and other documents), in

subsection (1) for “local authority” (in each place it occurs) substitute

“relevant health protection authority”.

15

14         

In section 59 of the 1984 Act (authentication of documents)—

(a)   

for “local authority” (wherever it occurs) substitute “relevant health

protection authority”, and

(b)   

in subsection (2) for “byelaws” substitute “regulations”.

15         

In section 60 of the 1984 Act (service of notices and other documents) for

20

“made by this Act” substitute “made by or under this Act”.

16         

After section 60 of the 1984 Act insert—

“60A    

Electronic communications

(1)   

The appropriate Minister may by regulations make provision

enabling notices, orders and other documents specified in the

25

regulations to be given or served by an electronic communication.

(2)   

Such provision must however secure that the notices, orders and

other documents specified in the regulations may only be so given or

served if—

(a)   

the person to whom they are to be given or on whom they are

30

to be served has consented in writing to the receipt of notices,

orders and other documents by an electronic communication,

and

(b)   

the communication is sent to the number or address specified

by that person when giving consent.

35

(3)   

The power to make regulations under this section is exercisable by

statutory instrument.

(4)   

An instrument containing any such regulations is subject to

annulment—

(a)   

in the case of regulations made by the Secretary of State, in

40

pursuance of a resolution of either House of Parliament,

(b)   

in the case of regulations made by the Welsh Ministers, in

pursuance of a resolution of the National Assembly for

Wales.

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

178

 

(5)   

Sections 58 to 60 are to be read subject to any provision made in

regulations under this section.

(6)   

In this section—

“electronic communication” has the same meaning as in the

Electronic Communications Act 2000,

5

“notices, orders and other documents” means notices, orders

and other documents authorised or required by or under this

Act to be given or served, and

“the appropriate Minister” means—

(a)   

the Secretary of State, in relation to England;

10

(b)   

the Welsh Ministers, in relation to Wales.”

17    (1)  

Section 61 of the 1984 Act (power to enter premises) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “authorised officer of a local authority” substitute “proper officer

of a relevant health protection authority”,

15

(b)   

for paragraph (a) substitute—

“(a)   

for the purposes of ascertaining whether there is, or

has been, any contravention of a relevant provision of

this Act, or of an order made by a justice of the peace

under Part 2A of this Act, which it is the function of

20

the relevant health protection authority to enforce,”,

and

(c)   

in each of paragraphs (b), (c) and (d)—

(i)   

for “or such byelaws” substitute “or in relation to such an

order”, and

25

(ii)   

for “local authority” substitute “relevant health protection

authority”.

      (3)  

In subsection (2) omit “, other than a factory or workplace,”.

      (4)  

After subsection (2) insert—

“(2A)   

Subsection (1) does not authorise entry to any part of premises which

30

is used as a private dwelling (but this does not affect the power of a

justice of the peace under subsection (3) to issue a warrant

authorising entry to a private dwelling or to any part of premises

used as a private dwelling).”

      (5)  

In subsection (3), for “the local authority by any authorised officer”

35

substitute “the relevant health protection authority by any proper officer”.

18    (1)  

Section 62 of the 1984 Act (supplementary provisions as to entry) is amended

as follows.

      (2)  

In subsection (1)—

(a)   

for “An authorised officer” substitute “A proper officer (“the

40

officer”)”, and

(b)   

after “other persons” insert “and such equipment and materials”.

      (3)  

After subsection (1) insert—

“(1A)   

The officer may for the purpose for which entry is authorised—

(a)   

search the premises,

45

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

179

 

(b)   

carry out measurements and tests of the premises or of

anything found on them,

(c)   

take and retain samples of the premises or of anything found

on them,

(d)   

inspect and take copies or extracts of any documents or

5

records found on the premises,

(e)   

require information stored in an electronic form and

accessible from the premises to be produced in a form in

which it can be taken away and in which it is visible and

legible or from which it can readily be produced in a visible

10

and legible form, and

(f)   

seize and detain or remove anything which the officer

reasonably believes to be evidence of any contravention

relevant to the purpose for which entry is authorised.”

      (4)  

Omit subsection (3).

15

      (5)  

For subsection (4) substitute—

“(4)   

Nothing in section 61 or this section limits the provisions of Parts 2A

and 4, and of regulations made under Part 2A, with respect to entry

into or upon, and inspection of, any premises.”

19         

For section 63 of the 1984 Act substitute—

20

“63     

Offence of wilful obstruction

(1)   

A person commits an offence if the person wilfully obstructs any

person acting in the execution of a provision of Part 3 or 4 or this Part,

or of any regulations, order or warrant made or issued under such a

provision.

25

(2)   

A person guilty of an offence under subsection (1) is liable on

summary conviction—

(a)   

in the case of an offence of wilfully obstructing a person in the

execution of a provision of Part 4 or of any regulations made

under a provision of that Part, to a fine not exceeding level 1

30

on the standard scale, and

(b)   

in any other case, to a fine not exceeding £20,000.”

20         

After section 63 of the 1984 Act insert—

“63A    

Offences by bodies corporate

(1)   

If an offence created by or under this Act is committed by a body

35

corporate and is proved—

(a)   

to have been committed with the consent or connivance of an

officer, or

(b)   

to be attributable to any neglect on the part of an officer,

   

the officer (as well as the body corporate) is guilty of the offence and

40

liable to be proceeded against and punished accordingly.

(2)   

“Officer”, in relation to a body corporate, means a director, manager,

secretary or other similar officer of the body, or a person purporting

to act in any such capacity.

(3)   

If the affairs of a body corporate are managed by its members,

45

subsection (1) applies to the acts and defaults of a member in

 
 

 
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