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Health and Social Care Bill


Health and Social Care Bill
Schedule 9 — Regulation of social care workers

173

 

functions of an approved mental health professional within the

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

(f)   

discipline;

(g)   

removal or suspension from registration or the imposition of

conditions on registration;

5

(h)   

investigation and enforcement by or on behalf of the appropriate

Council;

(i)   

appeals;

(j)   

codes of practice or guidance for persons employing or seeking to

employ social care workers.

10

Manner of exercise of power

3          

The power to make regulations may be exercised by amending or repealing

any provision (other than section 55) of the Care Standards Act 2000 (c. 14)

and any other enactment and any other instrument or document.

4          

The power may be exercised so as to make provision for the delegation of

15

functions, including provision conferring power to make, confirm or

approve subordinate legislation.

5          

The power may be exercised so as to make provision—

(a)   

for the charging of fees, and

(b)   

for the making of payments by the appropriate Council.

20

6          

The power may be exercised so as to—

(a)   

confer functions (including power to pay grants) on Ministers of the

Crown or, in the case of regulations made by the Welsh Ministers, on

the Welsh Ministers, or

(b)   

modify their functions.

25

7          

The power may not be exercised so as to create any criminal offence, except

an offence punishable on summary conviction with a fine not exceeding the

amount specified as level 5 on the standard scale.

Matters outside the scope of regulations

8     (1)  

Regulations may not abolish the General Social Care Council or the Care

30

Council for Wales.

      (2)  

Where the Care Standards Act 2000 provides for any function mentioned in

sub-paragraph (3) to be exercised by either of those Councils or any of its

committees or officers, regulations may not provide for any person other

than that Council or any of its committees or officers to exercise that

35

function.

      (3)  

Those functions are—

(a)   

keeping the register of social care workers of any description,

(b)   

determining standards of education and training required as a

condition of registration,

40

(c)   

giving advice about standards of conduct and performance, and

(d)   

administering procedures (including making rules) relating to

misconduct, removal from registration and similar matters.

 
 

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2

174

 

Preliminary procedure for making regulations: England

9     (1)  

If the Secretary of State proposes to lay a draft of regulations before

Parliament, the Secretary of State must first—

(a)   

publish a draft of the regulations, and

(b)   

invite representations to be made to the Secretary of State about the

5

draft by—

(i)   

persons appearing to the Secretary of State appropriate to

represent social care workers affected by the regulations,

(ii)   

persons appearing to the Secretary of State appropriate to

represent those provided with services by such social care

10

workers, and

(iii)   

any other persons appearing to the Secretary of State

appropriate to consult about the draft.

      (2)  

After the end of the period of 3 months beginning with the publication of the

draft, the Secretary of State may lay the draft as published, or that draft with

15

any modifications the Secretary of State considers appropriate, together

with a report about the consultation, before Parliament.

Preliminary procedure for making regulations: Wales

10    (1)  

If the Welsh Ministers propose to lay a draft of regulations before the

National Assembly for Wales, the Welsh Ministers must first—

20

(a)   

publish a draft of the regulations, and

(b)   

invite representations to be made to the Welsh Ministers about the

draft by—

(i)   

persons appearing to the Welsh Ministers appropriate to

represent social care workers affected by the regulations,

25

(ii)   

persons appearing to the Welsh Ministers appropriate to

represent those provided with services by such social care

workers, and

(iii)   

any other persons appearing to the Welsh Ministers

appropriate to consult about the draft.

30

      (2)  

After the end of the period of 3 months beginning with the publication of the

draft, the Welsh Ministers may lay the draft as published, or that draft with

any modifications they consider appropriate, together with a report about

the consultation, before the National Assembly for Wales.

Schedule 10

35

Section 122

 

Further amendments relating to Part 2

Provision consequential on section 108(1)

1     (1)  

Any reference in any instrument or document to the Council for the

Regulation of Health Care Professionals is to be read, in relation to any time

after the commencement of section 108(1), as a reference to the Council for

40

Healthcare Regulatory Excellence.

 
 

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2

175

 

      (2)  

Any reference in this Act or in any other enactment, instrument or document

to the Council for Healthcare Regulatory Excellence is to be read, in relation

to any time before the commencement of section 108(1), as a reference to the

Council for the Regulation of Health Care Professionals.

Public Records Act 1958 (c. 51)

5

2          

In Schedule 1 to the Public Records Act 1958 (definition of public records),

in Part 2 of the table set out in paragraph 3 of that Schedule—

(a)   

for “Council for the Regulation of Health Care Professionals”

substitute “Council for Healthcare Regulatory Excellence”, and

(b)   

at the appropriate place insert—

10

“The Office of the Health Professions Adjudicator.”

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

3          

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—

(a)   

in paragraph 1 (bodies to which in England and Wales Act applies),

for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the

15

2002 Act substitute—

“(bca)   

the Council for Healthcare Regulatory Excellence;

(bcb)   

the Office of the Health Professions Adjudicator;”,

and

(b)   

in paragraph 2 (bodies to which in Scotland Act applies), before

20

paragraph (d) insert—

“(ca)   

the Council for Healthcare Regulatory Excellence;

(cb)   

the Office of the Health Professions Adjudicator;”.

House of Commons Disqualification Act 1975 (c. 24)

4          

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

25

(bodies of which all members are disqualified)—

(a)   

for “The Council for the Regulation of Health Care Professionals”

substitute “The Council for Healthcare Regulatory Excellence”, and

(b)   

at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”

30

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5          

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified)—

(a)   

for “The Council for the Regulation of Health Care Professionals”

substitute “The Council for Healthcare Regulatory Excellence”, and

35

(b)   

at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”

Race Relations Act 1976 (c. 74)

6          

In Schedule 1A to the Race Relations Act 1976 (bodies and other persons

subject to general statutory duty)—

40

(a)   

in Part 2, at the appropriate place under the heading “Health”

 
 

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2

176

 

insert—

“The Office of the Health Professions Adjudicator.”, and

(b)   

in Part 3, for “The Council for the Regulation of Health Care

Professionals” substitute “The Council for Healthcare Regulatory

Excellence”.

5

Dentists Act 1984 (c. 24)

7          

In section 27 of the Dentists Act 1984 (allegations against registered dentists),

in subsection (2)(g), after “social care profession” insert “, or by the Office of

the Health Professions Adjudicator,”.

8          

In section 36A of the Dentists Act 1984 (professions complementary to

10

dentistry), in subsection (1)(b), for “the Council for the Regulation of Health

Care Professionals” substitute “the Council for Healthcare Regulatory

Excellence”.

9          

In section 36N of the Dentists Act 1984 (allegations against registered dental

care professionals), in subsection (2)(g), after “social care profession” insert

15

“, or by the Office of the Health Professions Adjudicator,”.

Health Act 1999 (c. 8)

10         

In section 60 of the 1999 Act (regulation of health care and associated

professions), in subsection (1)(c), for “the Council for the Regulation of

Health Care Professionals” substitute “the Council for Healthcare

20

Regulatory Excellence”.

11         

In section 62 of the 1999 Act (regulations and orders), for subsection (4)

substitute—

“(4)   

Any power under this Act to make Orders in Council or orders—

(a)   

may be exercised either in relation to all cases to which the

25

power extends, or in relation to all cases subject to specified

exceptions, or in relation to any specified cases or classes of

case,

(b)   

may be exercised so as to make, as respects the cases in

relation to which it is exercised—

30

(i)   

the full provision to which the power extends or any

less provision (whether by way of exception or

otherwise),

(ii)   

the same provision for all cases in relation to which

the power is exercised, or different provision for

35

different cases or different classes of case, or different

provision as respects the same case or class of case for

different purposes of this Act,

(iii)   

any such provision either unconditionally or subject

to any specified condition, and

40

(c)   

may, in particular, be exercised so as to make different

provision for different areas.

(4A)   

Any such power includes power—

(a)   

to make such incidental, supplementary, consequential,

saving or transitional provision (including provision

45

 
 

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2

177

 

amending, repealing or revoking enactments) as the person

exercising the power considers to be expedient, and

(b)   

to provide for a person to exercise a discretion in dealing with

any matter.”

12         

In Schedule 3 to the 1999 Act (regulation of health care and associated

5

professions), in paragraph 7(4), for “the Council for the Regulation of Health

Care Professionals” substitute “the Council for Healthcare Regulatory

Excellence”.

Freedom of Information Act 2000 (c. 36)

13         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

10

authorities)—

(a)   

for “The Council for the Regulation of Health Care Professionals”

substitute “The Council for Healthcare Regulatory Excellence”, and

(b)   

at the appropriate place insert—

“The Office of the Health Professions Adjudicator.”

15

Nursing and Midwifery Order 2001 (S.I. 2002/253)

14         

In article 22 of the Nursing and Midwifery Order 2001 (allegations), in

paragraph (1)(a)(v), after “social care profession” insert “, or by the Office of

the Health Professions Adjudicator,”.

Health Professions Order 2001 (S.I. 2002/254)

20

15         

In article 22 of the Health Professions Order 2001 (allegations), in paragraph

(1)(a)(v), after “social care profession” insert “, or by the Office of the Health

Professions Adjudicator,”.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

16         

For the title to section 25 of the 2002 Act, and for the heading immediately

25

preceding the section, substitute “The Council for Healthcare Regulatory

Excellence”.

17    (1)  

Section 25 of the 2002 Act is amended as follows.

      (2)  

In subsection (3), for paragraphs (h) and (i) substitute—

“(ga)   

the Nursing and Midwifery Council,

30

(gb)   

the Health Professions Council, and”.

      (3)  

In that subsection, for paragraph (j) substitute—

“(j)   

any other regulatory body (within the meaning of Schedule 3

to the 1999 Act) established by an Order in Council under

section 60 of that Act.”

35

      (4)  

In subsection (6), omit “and (3)”.

18         

In section 26 of the 2002 Act (powers and duties of the Council: general), in

subsection (3)(a), after “officer of the body,” insert “or before the Office of the

Health Professions Adjudicator,”.

19         

For the title to Schedule 7 to the 2002 Act substitute “The Council for

40

Healthcare Regulatory Excellence”.

 
 

Health and Social Care Bill
Schedule 10 — Further amendments relating to Part 2

178

 

Health Act 2006 (c. 28)

20         

In section 58 of the Health Act 2006 (which enables the Secretary of State to

arrange for appointment functions of the Secretary of State to be exercised

by the Appointments Commission), in subsection (3), for the words from

“chairmen” to the end substitute—

5

“(a)   

chairmen and non-executive members of any of the statutory

bodies listed in Schedule 5, and

(b)   

non-executive members of the Council for Healthcare

Regulatory Excellence.”

21         

In section 60 of the Health Act 2006 (which enables the Privy Council to

10

arrange for its functions relating to the appointment of regulatory bodies to

be exercised by the Appointments Commission), after subsection (2) insert—

“(3)   

The Commission is to exercise so much of any function of the Privy

Council relating to the appointment of—

(a)   

the chair of the Council for Healthcare Regulatory Excellence,

15

or

(b)   

members of the Office of the Health Professions Adjudicator,

   

as may be specified in a direction given by the Privy Council.”

22         

In section 63 of the Health Act 2006 (Appointments Commission to assist

other bodies with appointments), after subsection (6) insert—

20

“(6A)   

The Commission may enter into arrangements under subsection (6B)

with the Office of the Health Professions Adjudicator.

(6B)   

Arrangements under this subsection are arrangements providing for

the Commission to assist the Office of the Health Professions

Adjudicator in connection with the exercise of its powers relating

25

to—

(a)   

the appointment of executive members of the Office of the

Health Professions Adjudicator, or

(b)   

the appointment of persons to lists under section 96 of the

Health and Social Care Act 2008 (lists of persons eligible for

30

membership of the OHPA’s fitness to practise panels).”

23         

In Schedule 5 to the Health Act 2006 (Appointments Commission: list of

statutory bodies), omit the entry relating to the Council for the Regulation of

Health Care Professionals.

National Health Service Act 2006 (c. 41)

35

24         

In section 201 of the National Health Service Act 2006 (disclosure of

information), in subsection (4)(b), for “Council for the Regulation of Health

Care Professionals” substitute “Council for Healthcare Regulatory

Excellence”.

National Health Service (Wales) Act 2006 (c. 42)

40

25         

In section 149 of the National Health Service (Wales) Act 2006 (disclosure of

information), in subsection (4)(b), for “Council for the Regulation of Health

Care Professionals” substitute “Council for Healthcare Regulatory

Excellence”.

 
 

Health and Social Care Bill
Schedule 11 — Public health protection: further amendments

179

 

National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)

26         

In Part 1 of the Schedule to the National Assembly for Wales

(Disqualification) Order 2006 (bodies of which all members are

disqualified)—

(a)   

for “Council for the Regulation of Health Care Professionals”

5

substitute “Council for Healthcare Regulatory Excellence”, and

(b)   

at the appropriate place insert—

“Office of the Health Professions Adjudicator;”.

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)

27         

In article 48 of the Pharmacists and Pharmacy Technicians Order 2007

10

(impairment of fitness to practise), in paragraph (1)(k), after “social care

profession” insert “, or by the Office of the Health Professions Adjudicator,”.

Schedule 11

Section 125

 

Public health protection: further amendments

Introductory

15

1          

In this Schedule “the 1984 Act” means the Public Health (Control of Disease)

Act 1984 (c. 22).

Local Government, Planning and Land Act 1980 (c. 65)

2          

In section 159 of the Local Government, Planning and Land Act 1980 (public

health etc.), in subsection (1), omit paragraph (e) and the word “and”

20

immediately preceding it.

Public Health (Control of Disease) Act 1984

3     (1)  

Section 1 (authorities administering Act) of the 1984 Act is amended as

follows.

      (2)  

For subsection (1) substitute—

25

“(1)   

In this Act “local authority” means any of the following—

(a)   

a district council;

(b)   

in England, a county council for an area for which there is no

district council;

(c)   

in Wales, a county council or county borough council;

30

(d)   

a London borough council;

(e)   

the Common Council of the City of London;

(f)   

the Sub-Treasurer of the Inner Temple and the Under

Treasurer of the Middle Temple;

(g)   

the Council of the Isles of Scilly.”

35

      (3)  

Omit subsections (2) and (4).

4     (1)  

Section 5 of the 1984 Act (financial provisions as to port health authorities)

is amended as follows.

 
 

 
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