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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

61

 

(a)   

a body which employs, or is provided with services by, a

medical practitioner, or which arranges for others to be

provided with services by a medical practitioner, but which is

not a designated body, or

(b)   

a medical practitioner,

5

   

to provide, to the responsible officer with prescribed responsibilities

relating to that medical practitioner or to the designated body for which

the officer is a responsible officer or, if that designated body does not

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

other resources necessary for enabling the responsible officer to

10

discharge the officer’s prescribed responsibilities relating to that

medical practitioner.

(4)   

Regulations under section 45A may make provision for or in

connection with requiring prescribed persons to supply information or

produce documents to a responsible officer in connection with the

15

discharge of the prescribed responsibilities of the responsible officer.

45D     

Crown application

(1)   

This Part binds the Crown.

(2)   

No contravention by the Crown of any provision of this Part or

regulations made under this Part makes the Crown criminally liable;

20

but the High Court (or, in Scotland, the Court of Session) may declare

unlawful any act or omission of the Crown which constitutes such a

contravention.

(3)   

The provisions of this Part apply to persons in the service of the Crown

as they apply to other persons.

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(4)   

Nothing in this section affects Her Majesty in her private capacity; and

this subsection is to be read as if section 38(3) of the Crown Proceedings

Act 1947 (meaning of Her Majesty in her private capacity) were

contained in this Act.

45E     

Regulations under section 45A: supplementary provisions

30

(1)   

The power of the Secretary of State to make regulations under section

45A is exercisable by statutory instrument.

(2)   

Before making any regulations under section 45A, the Secretary of State

must consult—

(a)   

the Scottish Ministers, if the regulations extend to Scotland, and

35

(b)   

the Welsh Ministers, if the regulations apply to Wales.

(3)   

A statutory instrument containing regulations made by the Secretary of

State under section 45A is subject to annulment in pursuance of a

resolution of either House of Parliament.

(4)   

The power of the Department of Health, Social Services and Public

40

Safety in Northern Ireland to make regulations under section 45A is

exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979.

(5)   

A statutory rule containing regulations made by the Department of

Health, Social Services and Public Safety in Northern Ireland under

45

 
 

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

62

 

section 45A is subject to negative resolution within the meaning of

section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(6)   

Regulations under section 45A may make different provision for

different cases.

45F     

Interpretation of Part 5A

5

In this Part—

“the appropriate authority” means—

(a)   

in relation to England and Wales or Scotland, the

Secretary of State, or

(b)   

in relation to Northern Ireland, the Department of

10

Health, Social Services and Public Safety in Northern

Ireland;

“designated body” has the meaning given by section 45A(3);

“prescribed” means prescribed by regulations under section 45A.”

115     

Additional responsibilities of responsible officers: England and Wales and

15

Northern Ireland

(1)   

Regulations under this section may confer on a responsible officer nominated

or appointed for the purposes of regulations under section 45A of the Medical

Act 1983 (c. 54) (requirement to nominate or appoint responsible officer)

additional responsibilities that relate to—

20

(a)   

the entry by the designated body into contracts of employment with

medical practitioners or into contracts for the provision of services by

such practitioners,

(b)   

the monitoring of the conduct or performance of medical practitioners

who have a prescribed connection with the designated body, or

25

(c)   

ensuring that appropriate action is taken in response to concerns about

such conduct or performance,

   

but do not relate to the regulation under that Act of the medical profession.

(2)   

Subject to subsection (3), the power to make regulations under this section is

exercisable—

30

(a)   

in relation to England, by the Secretary of State,

(b)   

in relation to Wales, by the Welsh Ministers, or

(c)   

in relation to Northern Ireland, by the Department of Health, Social

Services and Public Safety in Northern Ireland.

(3)   

In relation to cross-border bodies, the power to make regulations under this

35

section is exercisable by the Secretary of State after consultation with the Welsh

Ministers.

(4)   

For the purposes of this section a “cross-border body” is a body which—

(a)   

performs (and only performs) functions in respect of England and

Wales, and

40

(b)   

does not perform functions mainly in respect of England or mainly in

respect of Wales.

(5)   

Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983

(provisions that may be included in regulations under section 45A of that Act

and responsibilities of responsible officers) apply in relation to regulations

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

63

 

under this section as they apply in relation to regulations under section 45A of

that Act but as if—

(a)   

references to prescribed responsibilities were references to

responsibilities conferred by regulations under this section,

(b)   

the reference in section 45B(2) to regulations under section 45A were a

5

reference to regulations under this section, and

(c)   

the reference in section 45B(3) to subsection (1)(a) of that section were a

reference to subsection (1)(b) of this section.

(6)   

Subject to subsection (7), regulations under this section may require a

designated body or a responsible officer to have regard to any guidance given

10

from time to time by the Secretary of State, the Welsh Ministers or the

Department of Health, Social Services and Public Safety in Northern Ireland (as

the case may be), or by any other person prescribed by the regulations, in

relation to responsibilities conferred on responsible officers by the regulations.

(7)   

In relation to cross-border bodies, the reference in subsection (6) to the

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Secretary of State is to be read as a reference to the Secretary of State after

consultation with the Welsh Ministers.

(8)   

Expressions used in this section and in Part 5A of the Medical Act 1983 (c. 54)

(responsible officers) have the same meaning in this section as in that Part.

116     

Co-operation between prescribed bodies

20

(1)   

The appropriate Minister may by regulations make provision for or in

connection with requiring a designated body to co-operate with any other

designated body in connection with—

(a)   

the sharing of information which relates to the conduct or performance

of any health care worker and which may show that that worker is

25

likely to constitute a threat to the health and safety of patients,

(b)   

the provision of information in response to requests for information

from any other designated body about the conduct or performance of

any health care worker,

(c)   

the consideration of any issues which arise as a result of the acts

30

mentioned in paragraphs (a) and (b), and

(d)   

the taking of any prescribed steps following such consideration.

(2)   

Regulations under this section may make provision requiring a designated

body to disclose the information referred to in subsection (1)(a) and any

information disclosed under subsection (1)(b) to any other designated body in

35

prescribed circumstances, or in circumstances where it appears to that body

that the prescribed conditions are satisfied, whether or not the disclosure of

information has been requested.

(3)   

Regulations under this section may—

(a)   

create offences punishable on summary conviction by a fine not

40

exceeding level 5 on the standard scale, and

(b)   

create other procedures for enforcing any provisions of the regulations.

(4)   

Regulations under this section may require a designated body to have regard

to any guidance given from time to time by the appropriate Minister or any

other prescribed person.

45

(5)   

In this section—

 
 

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

64

 

“the appropriate Minister” means the Secretary of State except that, in

relation to co-operation by a Welsh health body or a Welsh social

services body, it means the Welsh Ministers;

“designated body” means—

(a)   

any body which is a designated body for the purposes of Part

5

5A of the Medical Act 1983 (c. 54), and

(b)   

any other body prescribed for the purposes of this section;

“health care” has the meaning given by section 45A(8) of the Medical Act

1983;

“health care worker” means—

10

(a)   

any person who is a member of a prescribed profession

concerned with the physical or mental health of individuals, or

(b)   

any person who—

(i)   

is employed by a designated body,

(ii)   

provides services to a designated body, or

15

(iii)   

is employed by a person who provides services to a

designated body,

   

for purposes connected with the provision of health care;

“prescribed” means prescribed by regulations under this section;

“Welsh health body” means—

20

(a)   

a Welsh NHS body, as defined by section 148 of the Health and

Social Care (Community Health and Standards) Act 2003 (c. 43),

or

(b)   

any other person providing or arranging for the provision of

health care in Wales;

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“Welsh social services body” means—

(a)   

the council of a county or county borough in Wales, or

(b)   

a body engaged in the provision of Welsh local authority social

services, as defined by section 148 of the Health and Social Care

(Community Health and Standards) Act 2003.

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117     

Ss. 115 and 116: Crown application

(1)   

Sections 115 and 116 bind the Crown.

(2)   

No contravention by the Crown of any provision of either of those sections or

regulations made under them makes the Crown criminally liable; but the High

Court may declare unlawful any act or omission of the Crown which

35

constitutes such a contravention.

(3)   

The provisions of those sections apply to persons in the service of the Crown

as they apply to other persons.

(4)   

Nothing in this section affects Her Majesty in her private capacity; and this

subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947

40

(c. 44) (meaning of Her Majesty in her private capacity) were contained in this

Act.

 
 

 
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