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Health and Social Care Bill


Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

54

 

107     

Standard of proof in fitness to practise proceedings

After section 60 of the 1999 Act insert—

“60A    

Standard of proof in fitness to practise proceedings

(1)   

The standard of proof applicable to any proceedings to which this

subsection applies is that applicable to civil proceedings.

5

(2)   

Subsection (1) applies to any proceedings before—

(a)   

the Office of the Health Professions Adjudicator, or

(b)   

a committee of a regulatory body, a regulatory body itself or

any officer of a regulatory body,

   

which relate to a person’s fitness to practise a profession to which

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section 60(2) applies.

(3)   

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

responsible for the regulation of a profession to which section 60(2)

applies.

(4)   

An Order in Council under section 60 may not—

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(a)   

amend this section, or

(b)   

make any provision that is inconsistent with subsection (1).”

The Council for Healthcare Regulatory Excellence

108     

The Council for Healthcare Regulatory Excellence

(1)   

The Council for the Regulation of Health Care Professionals is to be known

20

instead as the Council for Healthcare Regulatory Excellence.

(2)   

Accordingly, in section 25 of the 2002 Act (which establishes the Council), in

subsection (1), for “the Council for the Regulation of Health Care

Professionals” substitute “the Council for Healthcare Regulatory Excellence”.

(3)   

After subsection (2) of that section insert—

25

“(2A)   

The main objective of the Council in exercising its functions under

subsection (2)(b) to (d) is to promote the health, safety and well-being

of patients and other members of the public.”

109     

Constitution etc. of Council

(1)   

Schedule 7 to the 2002 Act (which contains provisions relating to the Council)

30

is amended as follows.

(2)   

For paragraph 4 substitute—

“4         

The Council is to consist of—

(a)   

a chair appointed by the Privy Council,

(b)   

one non-executive member appointed by the Scottish

35

Ministers,

(c)   

one non-executive member appointed by the Welsh

Ministers,

(d)   

one non-executive member appointed by the Department of

Health, Social Services and Public Safety in Northern Ireland,

40

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

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(e)   

three non-executive members appointed by the Secretary of

State, and

(f)   

two executive members appointed in accordance with

paragraph 11.”

(3)   

In paragraph 6—

5

(a)   

for paragraph (a) substitute—

“(a)   

the conditions to be fulfilled for appointment as chair or

other member of the Council,”,

(b)   

in paragraph (b), for “chairman and other members” substitute “chair

and non-executive members”, and

10

(c)   

before the “and” at the end of paragraph (b) insert—

“(ba)   

the appointment of a member as deputy chair and the

circumstances in which that member ceases to hold, or

may be removed from, office as deputy chair,”.

(4)   

In paragraph 10, for “chairman” (wherever occurring) substitute “chair”.

15

(5)   

For paragraph 11 substitute—

“11   (1)  

The Council may appoint the executive members referred to in

paragraph 4(f) on such terms and conditions as the Council may

determine.

      (2)  

The executive members must be employees of the Council.

20

      (3)  

Any decision of the Council under sub-paragraph (1) must be taken

by the members appointed under paragraph 4(a) to (e).

      (4)  

The Council may appoint such other employees as it considers

appropriate on such terms and conditions as it may determine.”

(6)   

In paragraph 16 after sub-paragraph (1) insert—

25

   “(1A)  

The report must state—

(a)   

how the Council, in exercising its functions, has promoted

the health, safety and well-being of patients and other

members of the public, and

(b)   

how far, in the opinion of the Council, each regulatory body

30

has complied with any duty imposed on it to promote the

health, safety and well-being of such persons.”

110     

Powers and duties of Council

In section 26 of the 2002 Act (powers and duties of the Council: general), for

subsection (4) substitute—

35

“(4)   

Subsection (3) does not prevent the Council from—

(a)   

taking action under section 28,

(b)   

where section 29 applies, taking action under that section after

the regulatory body’s proceedings have ended, or

(c)   

investigating particular cases with a view to making general

40

reports on the performance by the regulatory body of its

functions or making general recommendations to the

regulatory body affecting future cases.”

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

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111     

Powers of Secretary of State and devolved administrations

(1)   

After section 26 of the 2002 Act insert—

“26A    

Powers of Secretary of State and devolved administrations

(1)   

The Secretary of State, the Welsh Ministers, the Scottish Ministers or the

relevant Northern Ireland department may request the Council for

5

advice on any matter connected with a profession appearing to the

person making the request to be a health care profession; and the

Council must comply with such a request.

(2)   

The Secretary of State, the Welsh Ministers, the Scottish Ministers or the

relevant Northern Ireland department may require the Council to

10

investigate and report on a particular matter in respect of which the

Council’s functions are exercisable.

(3)   

The Secretary of State may give directions to the Council as to the

manner in which the Council exercises its functions.

(4)   

Before giving any directions under subsection (3), the Secretary of State

15

must consult the Welsh Ministers, the Scottish Ministers, the relevant

Northern Ireland department and the Council.

(5)   

In this section “the relevant Northern Ireland department” means the

Department of Health, Social Services and Public Safety in Northern

Ireland.”

20

(2)   

In section 26 of the 2002 Act (powers and duties of the Council: general), omit

subsections (7) and (8) (which are superseded by subsection (1) of this section).

112     

Duty to inform and consult the public

After section 26A of the 2002 Act insert—

“26B    

Duty to inform and consult the public

25

(1)   

For the purpose of ensuring that members of the public are informed

about the Council and the exercise by it of its functions, the Council

must publish or provide in such manner as it thinks fit information

about the Council and the exercise of its functions.

(2)   

Nothing in subsection (1) authorises or requires the publication or

30

provision of information if the publication or provision of that

information—

(a)   

is prohibited by any enactment, or

(b)   

would constitute or be punishable as a contempt of court.

(3)   

In subsection (2) “enactment” has the same meaning as in Part 2 of the

35

Health and Social Care Act 2008.

(4)   

The Council must from time to time seek the views of—

(a)   

members of the public, and

(b)   

bodies which appear to the Council to represent the interests of

patients,

40

   

on matters relevant to the exercise by it of its functions.”

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

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113     

Reference of cases by Council to court

(1)   

Section 29 of the 2002 Act (reference of disciplinary cases by Council to court)

is amended as follows.

(2)   

In subsection (1)—

(a)   

for paragraph (a) substitute—

5

“(a)   

a direction of—

(i)   

the Health Committee of the Royal

Pharmaceutical Society of Great Britain under

article 51 of the Pharmacists and Pharmacy

Technicians Order 2007 (powers concerning

10

registration), or

(ii)   

the Disciplinary Committee of that Society

under article 52 of that Order (powers

concerning registration) or under section 80 of

the Medicines Act 1968 (power to disqualify and

15

direct removal from register),”,

(b)   

omit paragraph (c),

(c)   

in paragraph (e) omit the words from “(other than a determination” to

the end,

(d)   

omit paragraph (f),

20

(e)   

for paragraph (g) substitute—

“(g)   

any step taken—

(i)   

by the Professional Conduct Committee of the

General Osteopathic Council under section 22 of

the Osteopaths Act 1993 (which relates to action

25

to be taken in cases of allegations referred to the

Professional Conduct Committee), or

(ii)   

by the Health Committee of the General

Osteopathic Council under section 23 of that Act

(which relates to action to be taken in cases of

30

allegations referred to the Health Committee),”,

(f)   

for paragraph (h) substitute—

“(h)   

any step taken—

(i)   

by the Professional Conduct Committee of the

General Chiropractic Council under section 22 of

35

the Chiropractors Act 1994 (which relates to

action to be taken in cases of allegations referred

to the Professional Conduct Committee), or

(ii)   

by the Health Committee of the General

Chiropractic Council under section 23 of that Act

40

(which relates to action to be taken in cases of

allegations referred to the Health Committee),”,

and

(g)   

for paragraph (j) substitute—

“(j)   

any corresponding measure taken in relation to a

45

member of a profession regulated by the Health

Professions Order 2001, under that Order.”

(3)   

For subsection (5) substitute—

“(5)   

In subsection (4), the “relevant court” —

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

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(a)   

in the case of a person who (in accordance with the rules

applying to the body making the relevant decision) was, or was

required to be, notified of the relevant decision at an address in

Scotland, means the Court of Session,

(b)   

in the case of a person who (in accordance with the rules

5

applying to the body making the relevant decision) was, or was

required to be, notified of the relevant decision at an address in

Northern Ireland, means the High Court of Justice in Northern

Ireland, and

(c)   

in the case of any other person, means the High Court of Justice

10

in England and Wales.”

(4)   

In subsection (6) for the words from “four weeks beginning with the last date”

to the end substitute “40 days beginning with the day which is the last day on

which the practitioner concerned can appeal against the relevant decision”.

(5)   

Section 29(1)(c) of the 2002 Act has effect until the coming into force of the

15

repeal of that provision by this Act as if the words “otherwise than by reason

of his physical or mental health” were omitted.

(6)   

Section 29(1)(f) of the 2002 Act has effect until the coming into force of the

repeal of that provision by this Act as if the words from “, other than a

direction” to the end were omitted.

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Conduct and performance of medical practitioners and other health care workers

114     

Responsible officers and their duties relating to medical profession

After Part 5 of the Medical Act 1983 (c. 54) insert—

“Part 5A

Responsible Officers

25

45A     

Requirement to nominate or appoint responsible officer

(1)   

The appropriate authority may by regulations make provision for or in

connection with requiring designated bodies to nominate or appoint

persons who are to have such responsibilities as may be conferred on

them by virtue of section 45B.

30

(2)   

A person who is so nominated or appointed by a designated body is to

be known as its responsible officer (but this is subject to any provision

made by virtue of subsection (5)(e)).

(3)   

In this Part “designated body” means—

(a)   

a body falling within any description of bodies prescribed for

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the purposes of this section, or

(b)   

any other body prescribed for those purposes.

(4)   

The descriptions of bodies, or particular bodies, that may be so

prescribed are descriptions of bodies, or particular bodies, appearing to

the appropriate authority—

40

(a)   

to provide, or arrange for the provision of, health care, or

(b)   

to employ or contract with medical practitioners.

 
 

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Part 2 — Regulation of health professions and health and social care workforce

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(5)   

Regulations under this section may make provision—

(a)   

for conditions that must be satisfied in relation to a person if

that person is to be nominated or appointed as, or remain as, a

responsible officer of a designated body,

(b)   

authorising or requiring a designated body to nominate or

5

appoint more than one responsible officer,

(c)   

for a single person to be nominated or appointed as the

responsible officer for each of two or more designated bodies

where those bodies are satisfied as to the prescribed matters,

(d)   

requiring a designated body that has a responsible officer to

10

provide to the officer, or, if that designated body does not

employ the officer, to the employer of the officer, funds and

other resources necessary for enabling the officer to discharge

the officer’s prescribed responsibilities as a responsible officer

for the designated body,

15

(e)   

for the persons nominated or appointed as mentioned in

subsection (1) to be known by such name as is prescribed, and

(f)   

for making such amendments of any enactment as appear to the

appropriate authority to be required in connection with any

provision made by virtue of paragraph (e).

20

(6)   

The conditions imposed under subsection (5)(a) may in particular

include a requirement for the designated body to consult the General

Council before nominating or appointing any person as a responsible

officer for the body.

(7)   

Regulations under this section may in prescribed cases provide that a

25

responsible officer for a designated body is to be nominated by the

appropriate authority instead of the designated body.

(8)   

In this section—

“enactment” includes any provision of, or any instrument made

under, Northern Ireland legislation;

30

“health care” means services provided to individuals for or in

connection with the prevention, diagnosis or treatment of

illness;

“illness” has the same meaning as in section 25(1) of the Health Act

2006.

35

45B     

Responsibilities of responsible officer

(1)   

Regulations under section 45A may make provision for or in

connection with—

(a)   

conferring on the responsible officer or officers for a designated

body responsibilities relating to the evaluation of the fitness to

40

practise of medical practitioners having a prescribed connection

with that body, and

(b)   

requiring a responsible officer for a designated body to co-

operate with the General Council, any of its committees, or any

persons authorised by the General Council, in connection with

45

the exercise by any of them of functions under Part 3A or 5 of

this Act.

(2)   

Where a designated body has more than one responsible officer,

regulations under section 45A may make provision for or in connection

 
 

Health and Social Care Bill
Part 2 — Regulation of health professions and health and social care workforce

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with the division of prescribed responsibilities among those officers,

including provision for the division to be determined by the designated

body.

(3)   

The power by virtue of subsection (1)(a) to prescribe the connection

between a medical practitioner and a designated body includes, in

5

particular, power to prescribe a connection based on any of the

following circumstances—

(a)   

the practitioner being employed by the designated body,

(b)   

the practitioner providing services to the designated body,

(c)   

the practitioner being employed by a person who provides

10

services to the designated body,

(d)   

the practitioner providing services in the geographical area in

relation to which the designated body exercises functions in

relation to the provision of the health service, or

(e)   

the practitioner being employed by or providing services to, or

15

pursuant to arrangements made by, a body which is located in

the geographical area in relation to which the designated body

exercises functions in relation to the provision of the health

service but is not itself a designated body.

(4)   

A designated body may confer on any of its responsible officers such

20

powers as it considers appropriate to enable the officer to discharge any

of the officer’s prescribed responsibilities as a responsible officer for the

body.

(5)   

If a designated body requires any of its responsible officers to carry out

any functions other than the officer’s prescribed responsibilities, it

25

must in doing so have regard to the officer’s prescribed responsibilities.

(6)   

In this section “the health service” means—

(a)   

the health service as defined by section 275(1) of the National

Health Service Act 2006 or section 206(1) of the National Health

Service (Wales) Act 2006,

30

(b)   

the health service as defined by section 108(1) of the National

Health Service (Scotland) Act 1978, or

(c)   

any of the health services under any enactment which extends

to Northern Ireland and which corresponds to section 1(1) of the

National Health Service Act 2006.

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45C     

Regulations under section 45A: further provisions

(1)   

Regulations under section 45A may—

(a)   

create offences punishable on summary conviction by a fine not

exceeding level 5 on the standard scale, and

(b)   

create other procedures for enforcing any provisions of the

40

regulations.

(2)   

Regulations under section 45A may require a designated body or a

responsible officer to have regard to any guidance given from time to

time by the appropriate authority or any other prescribed person in

relation to the nomination or appointment of responsible officers or

45

their prescribed responsibilities.

(3)   

Regulations under section 45A may make provision requiring—

 
 

 
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