Health and Social Care Bill

House of Lords

Session 2007 - 08
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Health and Social Care Bill

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
145


is a regulated activity relating to vulnerable adults.”
Schedule 6
Section 93

The Office of the Health Professions Adjudicator
Interpretation
1
In this Schedule “the relevant Northern Ireland department” means the
5
Department of Health, Social Services and Public Safety in Northern Ireland.
Status
2     (1)
The OHPA is not to be regarded as the servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.
      (2)
The OHPA’s property is not to be regarded as property of, or property held
10
on behalf of, the Crown.
General powers
3     (1)
The OHPA may do anything which appears to it to be necessary or
expedient for the purposes of, or in connection with, the exercise of its
functions.
15
      (2)
This includes, in particular, the power to—
(a)
acquire and dispose of land and other property, and
(b)
enter into contracts.
Membership
4
The OHPA is to consist of the following members—
20
(a)
a chair appointed by the Privy Council,
(b)
non-executive members appointed by the Privy Council, and
(c)
executive members appointed in accordance with paragraph 8.
5
No person may be appointed as a member unless the person satisfies such
requirements as may be prescribed in regulations made by the Privy
25
Council.
6
A person may be appointed as the chair only if the person (as well as
satisfying any requirements prescribed under paragraph 5)—
(a)
has a 10 year general qualification within the meaning of section 71
of the Courts and Legal Services Act 1990 (c. 41),
30
(b)
is an advocate or solicitor in Scotland of at least 10 years’ standing, or
(c)
is a member of the Bar of Northern Ireland, or a solicitor of the Court
of Judicature of Northern Ireland, of at least 10 years’ standing.
7     (1)
The Privy Council must by regulations make provision about the number of
non-executive and executive members.
35
      (2)
The regulations must provide for there to be—
(a)
at least one but no more than three non-executive members, and

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator
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(b)
at least one but no more than three executive members.
      (3)
The regulations may not provide for the number of executive members to be
greater than the number of non-executive members.
8     (1)
The first executive members are to be appointed by the Privy Council.
      (2)
Subsequent appointments of executive members are to be made by the
5
OHPA.
      (3)
The executive members must be employees of the OHPA.
      (4)
Sub-paragraph (3) is to be taken to be complied with in relation to the first
executive members appointed under sub-paragraph (1) if they are employed
by the OHPA as soon as practicable after being appointed.
10
9
Each of the members mentioned in paragraph 4(a) to (c)—
(a)
holds and vacates office in accordance with the terms of the
member’s appointment, and
(b)
may be removed from office by the Privy Council on the grounds of
incapacity or misbehaviour.
15
10    (1)
Subject to sub-paragraph (2), the terms of a member’s appointment are to be
determined by the person making the appointment.
      (2)
The terms of appointment of an executive member appointed by the OHPA
are to be determined by the Privy Council in so far as the terms relate to
tenure of office or suspension from office.
20
Procedure
11
The OHPA may regulate its own procedure.
12
The validity of proceedings of the OHPA is not affected—
(a)
by any vacancy in its membership,
(b)
by any defect in the appointment of a member, or
25
(c)
by any person—
(i)
acting as a member even though ineligible for appointment
when purportedly appointed, or
(ii)
acting as a member after having ceased to be a member.
Members’ interests
30
13    (1)
The OHPA must establish and maintain a system for the declaration and
registration of private interests of its members.
      (2)
The OHPA must publish entries recorded in the register of members’
interests.
Remuneration and allowances
35
14    (1)
The OHPA must pay to its chair, or to any other member, such remuneration
and allowances as the Secretary of State may determine.
      (2)
If the Secretary of State so determines, the OHPA must pay or make
provision for the payment of such pension, allowances or gratuities as the
Secretary of State may determine to or in respect of a person who is or has
40
been the chair or any other member of the OHPA.

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Schedule 6 — The Office of the Health Professions Adjudicator
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      (3)
If the Secretary of State determines that there are special circumstances that
make it right for a person ceasing to hold office as chair of the OHPA to
receive compensation, the OHPA must—
(a)
pay to that person, or
(b)
make provision for the payment to that person of,
5

such compensation as the Secretary of State may determine.
Amendment of Superannuation Act 1972 (c. 11)
15
In Schedule 1 to the Superannuation Act 1972 (kinds of employment in
relation to which pension schemes may be made), at the appropriate place
in the list of “Other Bodies” insert the following entry—
10
“The Office of the Health Professions Adjudicator.”
16
The OHPA must pay to the Minister for the Civil Service, at such times as
the Minister may direct, such sums as the Minister may determine in respect
of any increase attributable to paragraph 15 in the sums payable out of
money provided by Parliament under the Superannuation Act 1972.
15
Employees
17    (1)
The OHPA may appoint such employees (in addition to the executive
members) as it considers appropriate on such terms and conditions as it may
determine.
      (2)
Without prejudice to its other powers, the OHPA may pay, or make
20
provision for the payment of—
(a)
pensions, allowances and gratuities, or
(b)
compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.
Payments and loans to the OHPA
25
18    (1)
The Secretary of State may make payments to the OHPA of such amounts,
at such times and on such conditions (if any) as the Secretary of State
considers appropriate.
      (2)
The relevant Northern Ireland department may make payments to the
OHPA of such amounts, at such times and on such conditions (if any) as it
30
considers appropriate.
      (3)
The Secretary of State may make loans to the OHPA on such terms
(including terms as to repayment and interest) as the Secretary of State may
determine.
      (4)
The approval of the Treasury is required as to the amount and terms of any
35
loan under sub-paragraph (3).
      (5)
The relevant Northern Ireland department may make loans to the OHPA on
such terms (including terms as to repayment and interest) as it may
determine.
      (6)
The approval of the Department of Finance and Personnel in Northern
40
Ireland is required as to the amount and terms of any loan under sub-
paragraph (5).

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Schedule 6 — The Office of the Health Professions Adjudicator
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      (7)
Except as provided by sub-paragraphs (3) and (5), the OHPA has no power
to borrow money.
      (8)
The Secretary of State may give directions to the OHPA as to the application
of any sums received by it under sub-paragraph (1) or (3).
      (9)
The relevant Northern Ireland department may give directions to the OHPA
5
as to the application of any sums received by it under sub-paragraph (2) or
(5).
     (10)
The OHPA must comply with any directions under sub-paragraph (8) or (9).
Accounts
19    (1)
The OHPA must keep accounts in such form as the Secretary of State may
10
determine.
      (2)
The OHPA must prepare annual accounts in respect of each financial year in
such form as the Secretary of State may determine.
      (3)
The OHPA must send copies of the annual accounts to—
(a)
the Secretary of State, and
15
(b)
the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts
relate as the Secretary of State may determine.
      (4)
Within that period the OHPA must also send copies of the annual accounts
to the relevant Northern Ireland department.
20
      (5)
The Comptroller and Auditor General must examine, certify and report on
the annual accounts and must lay copies of the accounts, and of the report
on them, before Parliament.
      (6)
A copy of the accounts must be laid before the Northern Ireland Assembly
by the relevant Northern Ireland department.
25
      (7)
In this paragraph and paragraph 20, “financial year” means—
(a)
the period beginning with the day on which the OHPA is established
and ending with the next 31 March following that day, and
(b)
each successive period of 12 months ending with 31 March.
Reports
30
20    (1)
The OHPA must prepare a report on the exercise of its functions during each
financial year.
      (2)
As soon as possible after the end of the financial year the OHPA must send
copies of the report to—
(a)
the Secretary of State, and
35
(b)
the relevant Northern Ireland department.
      (3)
A copy of the report must be laid—
(a)
before Parliament, by the Secretary of State, and
(b)
before the Northern Ireland Assembly, by the relevant Northern
Ireland department.
40
      (4)
The Privy Council may give directions to the OHPA as to the matters to be
dealt with in the report.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
149

Seal and evidence
21
The application of the seal of the OHPA must be authenticated by the
signature—
(a)
of any member of the OHPA, or
(b)
of any other person who has been authorised by the OHPA (whether
5
generally or specifically) for that purpose.
22
A document—
(a)
purporting to be duly executed under the seal of the OHPA, or
(b)
purporting to be signed on behalf of the OHPA,

is to be received in evidence and, unless the contrary is proved, taken to be
10
so executed or signed.
Meetings of the OHPA in Northern Ireland
23    (1)
Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c. 9)
(which provide for public access to meetings of a district council, the
publication of information concerning such meetings etc.) apply in relation
15
to meetings of the OHPA in Northern Ireland as they apply in relation to
meetings of a district council but subject to the following modifications.
      (2)
The modifications are that—
(a)
any reference to a district council is to be read as a reference to the
OHPA, and
20
(b)
any reference to councillors or members of the council is to be read
as a reference to members of the OHPA.
Schedule 7
Section 94

Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1
25
Amendments of Medical Act 1983
1
In this Part of this Schedule “the 1983 Act” means the Medical Act 1983
(c. 54).
2     (1)
Section 1 of the 1983 Act (the General Medical Council) is amended as
follows.
30
      (2)
In subsection (3) omit paragraphs (b) and (f).
      (3)
In subsection (3A) for “(a) to (f)” substitute “(a), (c), (d) and (e)”.
3
In section 29C of the 1983 Act (referral to the Investigation Committee), in
subsection (2)(b), for “a Fitness to Practise Panel, by such a Panel” substitute
“the Adjudicator, by the Adjudicator”.
35

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
150

4
After section 35 of the 1983 Act insert—
“35ZA
Fitness to practise findings: guidance
(1)
The General Council may publish guidance about factors which they
consider to indicate that—
(a)
a person (“D”) whose fitness to practise is found to be
5
impaired should or should not have—
(i)
D’s name erased from the register;
(ii)
D’s registration suspended;
(iii)
D’s registration suspended forthwith in accordance
with section 38;
10
(iv)
D’s registration made conditional;
(v)
D’s registration made conditional forthwith in
accordance with section 38;
(b)
a person whose fitness to practise is found not to be impaired
should or should not be given a warning regarding the
15
person’s future conduct or performance;
(c)
a person whose name has been erased from the register
should or should not have the person’s name restored to the
register.
(2)
The General Council may also publish guidance about factors which
20
they consider to indicate—
(a)
that requirements of a particular type should be imposed as
conditions in the case of a person whose registration is to be
made conditional;
(b)
the period of time for which a person’s registration should be
25
suspended or made conditional.
(3)
The Adjudicator must take account of guidance published under
subsection (1) or (2) in exercising its functions under sections 35D, 38
and 41 and under paragraph 5A(3E) of Schedule 4.”
5     (1)
In section 35B of the 1983 Act (notification and disclosure by the General
30
Council), in subsection (4)—
(a)
in paragraphs (a), (b) and (c) for “a Fitness to Practise Panel”
substitute “the Adjudicator”,
(b)
in paragraph (d) for “an Interim Orders Panel or a Fitness to Practise
Panel” substitute “the Adjudicator”,
35
(c)
after paragraph (d) insert—
“(da)
decisions of the Adjudicator to make a direction
under paragraph 5A(3E) of Schedule 4 to this Act and
decisions of the Adjudicator under section 35D below
that relate to such a direction;”, and
40
(d)
in paragraph (e) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
6     (1)
Section 35C of the 1983 Act (functions of the Investigation Committee) is
amended as follows.
      (2)
In subsection (2)(e) after “social care profession” insert “, or by the
45
Adjudicator,”.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
151

      (3)
In subsection (4) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
      (4)
In subsection (5) for “a Fitness to Practise Panel” (in both places) substitute
“the Adjudicator”.
      (5)
In subsections (6) and (7) for “a Fitness to Practise Panel” substitute “the
5
Adjudicator”.
      (6)
In subsection (8)—
(a)
for “an Interim Orders Panel or a Fitness to Practise Panel should”
substitute “the Adjudicator should”, and
(b)
in paragraph (b) for “an Interim Orders Panel or a Fitness to Practise
10
Panel for the Panel” substitute “the Adjudicator for the Adjudicator”.
7     (1)
Section 35D of the 1983 Act (functions of a Fitness to Practise Panel) is
amended as follows.
      (2)
In the heading for “a Fitness to Practise Panel” substitute “the Adjudicator”.
      (3)
In subsection (1)—
15
(a)
after “section 35C above” insert “(other than under subsection (8) of
that section)”, and
(b)
for “a Fitness to Practise Panel” substitute “the Adjudicator”.
      (4)
In subsection (2)—
(a)
for “Panel find” substitute “Adjudicator finds”,
20
(b)
for “they may, if they think” substitute “the Adjudicator may, if it
thinks”, and
(c)
in paragraph (c) for “Panel think” substitute “Adjudicator thinks”.
      (5)
In subsection (3)—
(a)
for “Panel find” substitute “Adjudicator finds”, and
25
(b)
for “they” substitute “the Adjudicator”.
      (6)
In subsection (4)—
(a)
for “a Fitness to Practise Panel have” substitute “the Adjudicator
has”, and
(b)
in paragraph (c) for “rules made by virtue of paragraph 5A(3)”
30
substitute “paragraph 5A(3E)”.
      (7)
In subsection (5)—
(a)
for “a Fitness to Practise Panel may, if they think” substitute “the
Adjudicator may, if it thinks”,
(b)
in paragraph (c) for “Panel think” substitute “Adjudicator thinks”,
35
and
(c)
for “Panel shall” substitute “Adjudicator shall”.
      (8)
In subsection (6) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
      (9)
In subsection (7)—
40
(a)
for “a Fitness to Practise Panel have” substitute “the Adjudicator
has”,
(b)
for “a Fitness to Practise Panel shall” substitute “the Adjudicator
shall”, and