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Health and Social Care Bill


 

Health and Social Care Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health, are published

separately as HL Bill 33—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Darzi of Denham has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Health and Social Care Bill are compatible with the

Convention rights.

 

HL Bill 33                                                                                              

54/3

 

 


 

Health and Social Care Bill

 

 
 

Contents

Part 1

The Care Quality Commission

Chapter 1

Introductory

1   

The Care Quality Commission

2   

The Commission’s functions

3   

Transfers of property, rights and liabilities

Chapter 2

Registration in respect of provision of health or social care

Introductory

4   

“Regulated activity”

5   

“Health or social care”

Registration of persons carrying on regulated activities

6   

Requirement to register as a service provider

7   

Applications for registration as a service provider

8   

Grant or refusal of registration as a service provider

Registration of managers

9   

Condition requiring registered manager

10   

Applications for registration as a manager

11   

Grant or refusal of registration as a manager

Further provision about registration as a service provider or manager

12   

Regulations about registration

13   

Cancellation of registration

14   

Suspension of registration

 

HL Bill 33                                                                                              

54/3

 
 

Health and Social Care Bill

ii

 

15   

Applications by registered persons

Regulation, code of practice and guidance

16   

Regulation of regulated activities

17   

Code of practice relating to health care associated infections

18   

Consultation etc. in relation to code of practice under s. 17

19   

Guidance as to compliance with requirements

20   

Consultation in relation to guidance under s. 19

21   

Effect of code under s. 17 and guidance under s. 19

Registration procedure

22   

Notice of proposals

23   

Right to make representations

24   

Notice of decisions

25   

Warning notice

26   

Urgent procedure for cancellation

27   

Urgent procedure for variation, suspension etc.

28   

Appeals to the Tribunal

Offences

29   

Failure to comply with conditions

30   

Offences relating to suspension or cancellation of registration

31   

Contravention of regulations

32   

False description of concerns, premises etc.

33   

False statements in applications

Information to be available to public

34   

Provision of copies of registers

Miscellaneous

35   

Bodies required to be notified of certain matters

36   

Periodic returns

37   

Liquidators etc.

38   

Death of registered person

Power to modify provisions of Chapter

39   

Power to modify Chapter in relation to newly regulated activities

Interpretation

40   

Interpretation of Chapter 2

 
 

Health and Social Care Bill

iii

 

Chapter 3

Quality of health and social care

Health care standards

41   

Standards set by Secretary of State

Reviews and investigations

42   

Periodic reviews

43   

Frequency and period of review

44   

Special reviews and investigations

45   

Power to extend periodic review function

46   

Failings by English local authorities

47   

Failings by Welsh NHS bodies

Chapter 4

Functions under Mental Health Act 1983

48   

Transfer and amendment of functions under Mental Health Act 1983

Chapter 5

Further functions

49   

Information and advice

50   

Studies as to economy, efficiency etc.

51   

Publication of results of studies under s. 50

52   

Role of Audit Commission

53   

Reviews of data, studies and research

54   

Publication of information

55   

Additional functions

Chapter 6

Miscellaneous and General

Inspections

56   

Inspections

57   

Inspections carried out for registration purposes

Powers of entry etc.

58   

Entry and inspection

59   

Entry and inspection: supplementary

60   

Power to require documents and information etc.

61   

Power to require explanation

Interaction with other authorities

62   

Interaction with other authorities

 
 

Health and Social Care Bill

iv

 

63   

Co-ordination of reviews or assessments

64   

Avoidance of unreasonable burdens in exercise of regulatory powers

65   

Co-operation between the Commission and Welsh Ministers

66   

Co-operation between the Commission and the Independent Regulator of

NHS Foundation Trusts

67   

Provision of information by Auditor General for Wales

68   

Provision of material to the Comptroller and Auditor General

69   

Arrangements with Ministers

70   

Arrangements with Northern Ireland Ministers

Inquiries

71   

Inquiries

Information

72   

Disclosure of confidential personal information: offence

73   

Defence

74   

Use of information etc.

75   

Permitted disclosures

76   

Code of practice on confidential personal information

Further provisions about functions of Commission

77   

Publication of programme of reviews etc.

78   

Failure by the Commission in discharge of its functions

79   

Reports for each financial year etc.

80   

Reports and information

Fees

81   

Fees

Enforcement

82   

Penalty notices

83   

Penalty notices: supplementary provision

84   

Guidance by the Commission in relation to enforcement action

85   

Publication of information relating to enforcement action etc.

86   

Proceedings for offences

87   

Offences by bodies corporate

88   

Unincorporated associations

Service of documents

89   

Service of documents

90   

Electronic communications

Further amendments

91   

Further amendments relating to Part 1

 
 

Health and Social Care Bill

v

 

Interpretation

92   

General interpretation of Part 1

Part 2

Regulation of health professions and health and social care workforce

The Office of the Health Professions Adjudicator

93   

The Office of the Health Professions Adjudicator

94   

Functions under Medical Act 1983 and Opticians Act 1989

95   

Fitness to practise panels

96   

Lists of persons eligible for membership of fitness to practise panels

97   

Further provisions about listed persons

98   

Legal assessors

99   

Clinical and other specialist advisers

100   

Procedural rules

101   

Administration of oaths and issuing of witness summonses etc.

102   

Duty to inform the public

103   

Duty to consult

104   

OHPA rules: supplementary

105   

Fees payable by General Medical Council and General Optical Council

Amendments of Part 3 of Health Act 1999

106   

Extension of powers under s. 60 of Health Act 1999

107   

Standard of proof in fitness to practise proceedings

The Council for Healthcare Regulatory Excellence

108   

The Council for Healthcare Regulatory Excellence

109   

Constitution etc. of Council

110   

Powers and duties of Council

111   

Powers of Secretary of State and devolved administrations

112   

Duty to inform and consult the public

113   

Reference of cases by Council to court

Conduct and performance of medical practitioners and other health care workers

114   

Responsible officers and their duties relating to medical profession

115   

Additional responsibilities of responsible officers: England and Wales and

Northern Ireland

116   

Co-operation between prescribed bodies

117   

Ss. 115 and 116: Crown application

Regulation of social care workforce

118   

Regulation of social care workers

119   

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

Approved mental health professionals

120   

Education and training of approved mental health professionals

 
 

 
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Revised 20 February 2008