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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—

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(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

146

 

(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.

 
 

Health and Social Care Bill
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).

 
 

Health and Social Care Bill
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

 
 

 
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