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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

65

 

Regulation of social care workforce

118     

Regulation of social care workers

(1)   

The appropriate Minister may by regulations make provision modifying the

regulation of social care workers, so far as appears to the appropriate Minister

to be necessary or expedient for the purpose of securing or improving their

5

regulation or the services which they provide or to which they contribute.

(2)   

Schedule 9 (which makes further provision about regulations under this

section) has effect.

(3)   

In this section and that Schedule—

“the appropriate Minister” means—

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(a)   

in relation to England, the Secretary of State, and

(b)   

in relation to Wales, the Welsh Ministers;

“social care worker” means a person who falls within any of paragraphs

(a) to (d) of subsection (2) of, or paragraphs (a) to (g) of subsection (3)

of, section 55 of the Care Standards Act 2000 (c. 14) (which sets out the

15

persons who are, or may by virtue of regulations be treated as, social

care workers for the purposes of Part 4 of that Act).

(4)   

The references in subsection (1) to the regulation of social care workers include

references to—

(a)   

the regulation of social care workers of a description in relation to

20

which no provision for registration for the time being applies,

(b)   

the regulation of those seeking registration as social care workers of any

description or of persons who were, but are no longer, registered as

social care workers of any description, and

(c)   

the regulation of activities carried on by persons who are not social care

25

workers but which are carried on in connection with the activities

carried on by social care workers.

119     

Standard of proof in proceedings relating to registration of social care worker

(1)   

The standard of proof applicable to any proceedings to which this subsection

applies is that applicable to civil proceedings.

30

(2)   

Subsection (1) applies to any proceedings before a committee of a Council, a

Council itself or any officer of a Council which relate to a person’s suitability

to be or remain registered as a social care worker of any description.

(3)   

In subsection (2)—

(a)   

references to a Council are references to the General Social Care

35

Council or the Care Council for Wales, and

(b)   

“social care worker” has the same meaning as in section 118.

(4)   

Regulations under section 118 may not—

(a)   

amend this section, or

(b)   

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

40

 
 

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

66

 

Approved mental health professionals

120     

Education and training of approved mental health professionals

(1)   

The appropriate Minister may by regulations make provision modifying the

functions of the General Social Care Council or the Care Council for Wales in

relation to the education and training of persons who are or wish to become

5

approved mental health professionals.

(2)   

The power to make regulations under subsection (1) may be exercised by

amending, repealing or applying (with or without modifications) any

provision of any enactment and any other instrument or document.

(3)   

Paragraphs 4 to 6 and 9 and 10 of Schedule 9 apply to the making of regulations

10

under subsection (1) as they apply to the making of regulations under section

118 but as if the references in paragraphs 9 and 10 to social care workers were

references to approved mental health professionals.

(4)   

In this section—

“the appropriate Minister” means—

15

(a)   

in relation to the General Social Care Council, the Secretary of

State, and

(b)   

in relation to the Care Council for Wales, the Welsh Ministers;

“approved mental health professional” has the same meaning as in

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

20

“functions” includes powers and duties.

General

121     

Further amendments relating to Part 2

Schedule 10 (which contains further amendments relating to this Part) has

effect.

25

122     

Interpretation of Part 2

In this Part—

“the 1999 Act” means the Health Act 1999 (c. 8);

“the 2002 Act” means the National Health Service Reform and Health

Care Professions Act 2002 (c. 17);

30

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

under—

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure or Act of the National Assembly for Wales, or

35

(d)   

Northern Ireland legislation;

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

 
 

Health and Social Care Bill
Part 3 — Public health protection

67

 

Part 3

Public health protection

123     

Public health protection

Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert—

“Part 2A

5

Public Health Protection

Introductory

45A     

Infection or contamination

(1)   

The following provisions have effect for the interpretation of this Part.

(2)   

“Contamination” includes radiation.

10

(3)   

Any reference to infection or contamination is a reference to infection

or contamination which presents or could present significant harm to

human health.

(4)   

Any reference to the spread of contamination includes a reference to

the spread of any source of contamination.

15

(5)   

Any reference to disinfection or decontamination includes a reference

to the removal of any vector, agent or source of the infection or

contamination.

(6)   

Related expressions are to be read accordingly.

Power to make regulations

20

45B     

Health protection regulations: international travel etc.

(1)   

The appropriate Minister may by regulations make provision—

(a)   

for preventing danger to public health from vessels, aircraft,

trains or other conveyances arriving at any place,

(b)   

for preventing the spread of infection or contamination by

25

means of any vessel, aircraft, train or other conveyance leaving

any place, and

(c)   

for giving effect to any international agreement or arrangement

relating to the spread of infection or contamination.

(2)   

Regulations under subsection (1) may in particular include provision—

30

(a)   

for the detention of conveyances,

(b)   

for the medical examination, detention, isolation or quarantine

of persons,

(c)   

for the inspection, analysis, retention, isolation, quarantine or

destruction of things,

35

(d)   

for the disinfection or decontamination of conveyances, persons

or things or the application of other sanitary measures,

(e)   

for prohibiting or regulating the arrival or departure of

conveyances and the entry or exit of persons or things,

 
 

Health and Social Care Bill
Part 3 — Public health protection

68

 

(f)   

imposing duties on masters, pilots, train managers and other

persons on board conveyances and on owners and managers of

ports, airports and other points of entry, and

(g)   

requiring persons to provide information or answer questions

(including information or questions relating to their health).

5

45C     

Health protection regulations: domestic

(1)   

The appropriate Minister may by regulations make provision for the

purpose of preventing, protecting against, controlling or providing a

public health response to the incidence or spread of infection or

contamination in England and Wales (whether from risks originating

10

there or elsewhere).

(2)   

The power in subsection (1) may be exercised—

(a)   

in relation to infection or contamination generally or in relation

to particular forms of infection or contamination, and

(b)   

so as to make provision of a general nature, to make contingent

15

provision or to make specific provision in response to a

particular set of circumstances.

(3)   

Regulations under subsection (1) may in particular include provision—

(a)   

imposing duties on registered medical practitioners or other

persons to record and notify cases or suspected cases of

20

infection or contamination,

(b)   

conferring on local authorities or other persons functions in

relation to the monitoring of public health risks, and

(c)   

imposing or enabling the imposition of restrictions or

requirements on or in relation to persons, things or premises in

25

the event of, or in response to, a threat to public health.

(4)   

The restrictions or requirements mentioned in subsection (3)(c) include

in particular—

(a)   

a requirement that a child is to be kept away from school,

(b)   

a prohibition or restriction relating to the holding of an event or

30

gathering,

(c)   

a restriction or requirement relating to the handling, transport

or disposal of dead bodies or human remains, and

(d)   

a special restriction or requirement.

(5)   

The power in subsection (1) is subject to section 45D.

35

(6)   

For the purposes of this Part—

(a)   

a “special restriction or requirement” means a restriction or

requirement which can be imposed by a justice of the peace by

virtue of section 45G(2), 45H(2) or 45I(2), but

(b)   

a restriction or requirement mentioned in subsection (4)(a), (b)

40

or (c) is not to be regarded as a special restriction or

requirement.

45D     

Restrictions on power to make regulations under section 45C

(1)   

Regulations under section 45C may not include provision imposing a

restriction or requirement by virtue of subsection (3)(c) of that section

45

unless the appropriate Minister considers, when making the

 
 

Health and Social Care Bill
Part 3 — Public health protection

69

 

regulations, that the restriction or requirement is proportionate to what

is sought to be achieved by imposing it.

(2)   

Regulations under section 45C may not include provision enabling the

imposition of a restriction or requirement by virtue of subsection (3)(c)

of that section unless the regulations provide that a decision to impose

5

such a restriction or requirement may only be taken if the person taking

it considers, when taking the decision, that the restriction or

requirement is proportionate to what is sought to be achieved by

imposing it.

(3)   

Regulations under section 45C may not include provision imposing a

10

special restriction or requirement mentioned in section 45G(2)(a), (b),

(c) or (d).

(4)   

Regulations under section 45C may not include provision enabling the

imposition of a special restriction or requirement unless—

(a)   

the regulations are made in response to a serious and imminent

15

threat to public health, or

(b)   

imposition of the restriction or requirement is expressed to be

contingent on there being such a threat at the time when it is

imposed.

(5)   

For the purposes of this section—

20

(a)   

regulations “enable the imposition of a restriction or

requirement” if the restriction or requirement is imposed by

virtue of a decision taken under the regulations by the

appropriate Minister, a local authority or other person;

(b)   

regulations “impose a restriction or requirement” if the

25

restriction or requirement is imposed without any such

decision.

45E     

Medical treatment

(1)   

Regulations under section 45B or 45C may not include provision

requiring a person to undergo medical treatment.

30

(2)   

“Medical treatment” includes vaccination and other prophylactic

treatment.

45F     

Health protection regulations: supplementary

(1)   

This section makes further provision about regulations under section

45B or 45C (“health protection regulations”).

35

(2)   

Health protection regulations may—

(a)   

confer functions on local authorities and other persons;

(b)   

create offences;

(c)   

enable a court to order a person convicted of any such offence

to take or pay for remedial action in appropriate circumstances;

40

(d)   

provide for the execution and enforcement of restrictions and

requirements imposed by or under the regulations;

(e)   

provide for appeals from and reviews of decisions taken under

the regulations;

(f)   

permit or prohibit the levy of charges;

45

(g)   

permit or require the payment of incentive payments,

compensation and expenses;

 
 

Health and Social Care Bill
Part 3 — Public health protection

70

 

(h)   

provide for the resolution of disputes.

(3)   

Health protection regulations may, for the purposes of giving effect to

an international agreement or arrangement, amend any enactment.

(4)   

Health protection regulations may not confer functions on officers of

Revenue and Customs unless the regulations are made with the

5

consent of the Commissioners for Her Majesty’s Revenue and Customs.

(5)   

Health protection regulations may not create an offence triable on

indictment or punishable with—

(a)   

imprisonment,

(b)   

a fine exceeding £20,000, or

10

(c)   

a further fine exceeding an amount equal to 2% of level 5 on the

standard scale for each day on which the default continues after

conviction.

(6)   

Regulations under section 45C must provide for a right of appeal to a

magistrates’ court against any decision taken under the regulations by

15

virtue of which a special restriction or requirement is imposed on or in

relation to a person, thing or premises.

(7)   

Regulations under section 45C must also provide for a right of periodic

review in respect of the continuation of a special restriction or

requirement imposed by virtue of a decision taken under the

20

regulations on or in relation to a person, thing or premises.

Orders that may be made by justice of the peace

45G     

Power to order health measures in relation to persons

(1)   

A justice of the peace may make an order under subsection (2) in

relation to a person (“P”) if the justice is satisfied that—

25

(a)   

P is or may be infected or contaminated,

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

(c)   

there is a risk that P might infect or contaminate others, and

(d)   

it is necessary to make the order in order to remove or reduce

30

that risk.

(2)   

The order may impose on or in relation to P one or more of the

following restrictions or requirements—

(a)   

that P submit to medical examination;

(b)   

that P be removed to a hospital or other suitable establishment;

35

(c)   

that P be detained in a hospital or other suitable establishment;

(d)   

that P be kept in isolation or quarantine;

(e)   

that P be disinfected or decontaminated;

(f)   

that P wear protective clothing;

(g)   

that P provide information or answer questions about P’s health

40

or other circumstances;

(h)   

that P’s health be monitored and the results reported;

(i)   

that P attend training or advice sessions on how to reduce the

risk of infecting or contaminating others;

 
 

Health and Social Care Bill
Part 3 — Public health protection

71

 

(j)   

that P be subject to restrictions on where P goes or with whom

P has contact;

(k)   

that P abstain from working or trading.

(3)   

A justice of the peace may make an order under subsection (4) in

relation to a person (“P”) if the justice is satisfied that—

5

(a)   

P is or may be infected or contaminated,

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

(c)   

there is a risk that a related party might infect or contaminate

others, and

10

(d)   

it is necessary to make the order in order to remove or reduce

that risk.

(4)   

The order may impose on or in relation to P a requirement that P

provide information or answer questions about P’s health or other

circumstances (including, in particular, information or questions about

15

the identity of a related party).

(5)   

“Related party” means—

(a)   

a person who has or may have infected or contaminated P, or

(b)   

a person whom P has or may have infected or contaminated.

(6)   

An order under this section may also order a person with parental

20

responsibility (within the meaning of the Children Act 1989) for P to

secure that P submits to or complies with the restrictions or

requirements imposed by the order.

(7)   

The appropriate Minister must by regulations make provision about

the evidence that must be available to a justice of the peace before the

25

justice can be satisfied as mentioned in subsection (1) or (3).

(8)   

Any reference in this section to a person who is infected or

contaminated includes a reference to a person who carries the source of

an infection or contamination, and any reference to infecting or

contaminating others includes a reference to passing that source to

30

others.

45H     

Power to order health measures in relation to things

(1)   

A justice of the peace may make an order under subsection (2) in

relation to a thing if the justice is satisfied that—

(a)   

the thing is or may be infected or contaminated,

35

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

(c)   

there is a risk that the thing might infect or contaminate

humans, and

(d)   

it is necessary to make the order in order to remove or reduce

40

that risk.

(2)   

The order may impose in relation to the thing one or more of the

following restrictions or requirements—

(a)   

that the thing be seized or retained;

(b)   

that the thing be kept in isolation or quarantine;

45

(c)   

that the thing be disinfected or decontaminated;

(d)   

that the thing be destroyed.

 
 

 
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