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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

52

 

104     

OHPA rules: supplementary

(1)   

This section applies to the power of the OHPA to make rules under any of

sections 95, 96, 98, 99, 100 and 102.

(2)   

The power may be exercised—

(a)   

so as to make different provision for different cases or different classes

5

of case or different provision in respect of the same case or class of case

for different purposes of this Act,

(b)   

either in relation to all cases to which the power extends, or in relation

to all those cases subject to specified exceptions, or

(c)   

so as to make any supplementary, incidental, consequential,

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transitional, transitory or saving provision which the OHPA considers

necessary or expedient.

(3)   

Before making rules the OHPA must consult—

(a)   

the Council for Healthcare Regulatory Excellence,

(b)   

if the rules affect the profession regulated by the Medical Act 1983

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(c. 54), the General Medical Council and any other bodies which appear

to the OHPA to represent that profession,

(c)   

if the rules affect the professions regulated by the Opticians Act 1989

(c. 44), the General Optical Council and any other bodies which appear

to the OHPA to represent those professions,

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(d)   

bodies which appear to the OHPA to represent the interests of patients,

and

(e)   

such other persons as the OHPA considers appropriate.

(4)   

Rules do not come into force until they have been approved by order of the

Privy Council.

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(5)   

The Privy Council may approve rules—

(a)   

as submitted to them, or

(b)   

subject to such modifications as appear to them to be necessary.

(6)   

Where the Privy Council propose to approve rules subject to modifications,

they must—

30

(a)   

notify the OHPA of the modifications they propose to make, and

(b)   

consider any observations which the OHPA may make on the

modifications.

105     

Fees payable by General Medical Council and General Optical Council

(1)   

The Secretary of State must with the approval of the Treasury make regulations

35

requiring each of the regulatory bodies to pay to the OHPA periodic fees in

respect of the discharge by the OHPA of its functions.

(2)   

The regulations must provide for the amount of the fees to be determined by

the OHPA in accordance with the regulations.

(3)   

The regulations must require the OHPA to exercise its powers under the

40

regulations with a view to ensuring that its chargeable costs are met by fees

payable under the regulations and, accordingly, that the fees payable by each

regulatory body cover—

 
 

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

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(a)   

so much of the OHPA’s chargeable costs as are treated by the

regulations as being attributable to the OHPA’s functions under the

relevant regulatory Act, and

(b)   

an apportionment between the regulatory bodies of so much of the

OHPA’s chargeable costs as are not treated by the regulations as being

5

attributable to the OHPA’s functions under that Act or the other

relevant regulatory Act.

(4)   

For the purposes of subsection (3), the OHPA’s “chargeable costs” are the costs

incurred by the OHPA under or for the purposes of this Act or any other

enactment, other than costs—

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(a)   

incurred before such day as may be specified in the regulations, or

(b)   

incurred for a purpose specified in the regulations.

(5)   

The regulations must provide that no fee is to be payable unless the OHPA

has—

(a)   

notified the regulatory bodies of its proposed determination as to the

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amount of the fees payable by them,

(b)   

considered any representations made by the regulatory bodies in

relation to the proposed determination, and

(c)   

notified each of the regulatory bodies of the OHPA’s determination of

the amount payable by that body (which may be more or less than the

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amount proposed).

(6)   

The regulations may require the OHPA to obtain the approval of the Treasury

in relation to the amount of any fee.

(7)   

The regulations may—

(a)   

make provision as to the times at which fees are to be paid;

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(b)   

enable a determination to be varied, replaced or revoked;

(c)   

provide that if the whole or any part of a fee payable under the

regulations is not paid by the time when it is required to be paid under

the regulations, the unpaid balance from that time carries interest at the

rate determined by or in accordance with the regulations;

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(d)   

make provision as to the recovery of fees.

(8)   

Before making regulations under this section, the Secretary of State must

consult the regulatory bodies and such other persons as the Secretary of State

considers appropriate.

(9)   

In this section—

35

“regulatory body” means the General Medical Council or the General

Optical Council;

“relevant regulatory Act” means—

(a)   

in relation to the General Medical Council, the Medical Act 1983

(c. 54), and

40

(b)   

in relation to the General Optical Council, the Opticians Act

1989 (c. 44).

 
 

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

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Amendments of Part 3 of Health Act 1999

106     

Extension of powers under s. 60 of Health Act 1999

Schedule 8 (which contains amendments of section 60 of, and Schedule 3 to, the

1999 Act) has effect.

107     

Standard of proof in fitness to practise proceedings

5

After section 60 of the 1999 Act insert—

“60A    

Standard of proof in fitness to practise proceedings

(1)   

The standard of proof applicable to any proceedings to which this

subsection applies is that applicable to civil proceedings.

(2)   

Subsection (1) applies to any proceedings before—

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(a)   

the Office of the Health Professions Adjudicator, or

(b)   

a committee of a regulatory body, a regulatory body itself or

any officer of a regulatory body,

   

which relate to a person’s fitness to practise a profession to which

section 60(2) applies.

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(3)   

In subsection (2) “regulatory body” means the body (or main body)

responsible for the regulation of a profession to which section 60(2)

applies.

(4)   

An Order in Council under section 60 may not—

(a)   

amend this section, or

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(b)   

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

The Council for Healthcare Regulatory Excellence

108     

The Council for Healthcare Regulatory Excellence

(1)   

The Council for the Regulation of Health Care Professionals is to be known

instead as the Council for Healthcare Regulatory Excellence.

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(2)   

Accordingly, in section 25 of the 2002 Act (which establishes the Council), in

subsection (1), for “the Council for the Regulation of Health Care

Professionals” substitute “the Council for Healthcare Regulatory Excellence”.

(3)   

After subsection (2) of that section insert—

“(2A)   

The main objective of the Council in exercising its functions under

30

subsection (2)(b) to (d) is to promote the health, safety and well-being

of patients and other members of the public.”

109     

Constitution etc. of Council

(1)   

Schedule 7 to the 2002 Act (which contains provisions relating to the Council)

is amended as follows.

35

(2)   

For paragraph 4 substitute—

“4         

The Council is to consist of—

 
 

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

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(a)   

a chair appointed by the Privy Council,

(b)   

one non-executive member appointed by the Scottish

Ministers,

(c)   

one non-executive member appointed by the Welsh

Ministers,

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(d)   

one non-executive member appointed by the Department of

Health, Social Services and Public Safety in Northern Ireland,

(e)   

three non-executive members appointed by the Secretary of

State, and

(f)   

two executive members appointed in accordance with

10

paragraph 11.”

(3)   

In paragraph 6—

(a)   

for paragraph (a) substitute—

“(a)   

the conditions to be fulfilled for appointment as chair or

other member of the Council,”,

15

(b)   

in paragraph (b), for “chairman and other members” substitute “chair

and non-executive members”, and

(c)   

before the “and” at the end of paragraph (b) insert—

“(ba)   

the appointment of a member as deputy chair and the

circumstances in which that member ceases to hold, or

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may be removed from, office as deputy chair,”.

(4)   

In paragraph 10, for “chairman” (wherever occurring) substitute “chair”.

(5)   

For paragraph 11 substitute—

“11   (1)  

The Council may appoint the executive members referred to in

paragraph 4(f) on such terms and conditions as the Council may

25

determine.

      (2)  

The executive members must be employees of the Council.

      (3)  

Any decision of the Council under sub-paragraph (1) must be taken

by the members appointed under paragraph 4(a) to (e).

      (4)  

The Council may appoint such other employees as it considers

30

appropriate on such terms and conditions as it may determine.”

(6)   

In paragraph 16 after sub-paragraph (1) insert—

   “(1A)  

The report must state—

(a)   

how the Council, in exercising its functions, has promoted

the health, safety and well-being of patients and other

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members of the public, and

(b)   

how far, in the opinion of the Council, each regulatory body

has complied with any duty imposed on it to promote the

health, safety and well-being of such persons.”

110     

Powers and duties of Council

40

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

subsection (4) substitute—

“(4)   

Subsection (3) does not prevent the Council from—

(a)   

taking action under section 28,

 
 

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

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(b)   

where section 29 applies, taking action under that section after

the regulatory body’s proceedings have ended, or

(c)   

investigating particular cases with a view to making general

reports on the performance by the regulatory body of its

functions or making general recommendations to the

5

regulatory body affecting future cases.”

111     

Powers of Secretary of State and devolved administrations

(1)   

After section 26 of the 2002 Act insert—

“26A    

Powers of Secretary of State and devolved administrations

(1)   

The Secretary of State, the Welsh Ministers, the Scottish Ministers or the

10

relevant Northern Ireland department may request the Council for

advice on any matter connected with a profession appearing to the

person making the request to be a health care profession; and the

Council must comply with such a request.

(2)   

The Secretary of State, the Welsh Ministers, the Scottish Ministers or the

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relevant Northern Ireland department may require the Council to

investigate and report on a particular matter in respect of which the

Council’s functions are exercisable.

(3)   

The Secretary of State may give directions to the Council as to the

manner in which the Council exercises its functions.

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(4)   

Before giving any directions under subsection (3), the Secretary of State

must consult the Welsh Ministers, the Scottish Ministers, the relevant

Northern Ireland department and the Council.

(5)   

In this section “the relevant Northern Ireland department” means the

Department of Health, Social Services and Public Safety in Northern

25

Ireland.”

(2)   

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

subsections (7) and (8) (which are superseded by subsection (1) of this section).

112     

Duty to inform and consult the public

After section 26A of the 2002 Act insert—

30

“26B    

Duty to inform and consult the public

(1)   

For the purpose of ensuring that members of the public are informed

about the Council and the exercise by it of its functions, the Council

must publish or provide in such manner as it thinks fit information

about the Council and the exercise of its functions.

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(2)   

Nothing in subsection (1) authorises or requires the publication or

provision of information if the publication or provision of that

information—

(a)   

is prohibited by any enactment, or

(b)   

would constitute or be punishable as a contempt of court.

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(3)   

In subsection (2) “enactment” has the same meaning as in Part 2 of the

Health and Social Care Act 2008.

 
 

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Part 2 — Regulation of health professions and health and social care workforce

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(4)   

The Council must from time to time seek the views of—

(a)   

members of the public, and

(b)   

bodies which appear to the Council to represent the interests of

patients,

   

on matters relevant to the exercise by it of its functions.”

5

113     

Reference of cases by Council to court

(1)   

Section 29 of the 2002 Act (reference of disciplinary cases by Council to court)

is amended as follows.

(2)   

In subsection (1)—

(a)   

for paragraph (a) substitute—

10

“(a)   

a direction of—

(i)   

the Health Committee of the Royal

Pharmaceutical Society of Great Britain under

article 51 of the Pharmacists and Pharmacy

Technicians Order 2007 (powers concerning

15

registration), or

(ii)   

the Disciplinary Committee of that Society

under article 52 of that Order (powers

concerning registration) or under section 80 of

the Medicines Act 1968 (power to disqualify and

20

direct removal from register),”,

(b)   

omit paragraph (c),

(c)   

in paragraph (e) omit the words from “(other than a determination” to

the end,

(d)   

omit paragraph (f),

25

(e)   

for paragraph (g) substitute—

“(g)   

any step taken—

(i)   

by the Professional Conduct Committee of the

General Osteopathic Council under section 22 of

the Osteopaths Act 1993 (which relates to action

30

to be taken in cases of allegations referred to the

Professional Conduct Committee), or

(ii)   

by the Health Committee of the General

Osteopathic Council under section 23 of that Act

(which relates to action to be taken in cases of

35

allegations referred to the Health Committee),”,

(f)   

for paragraph (h) substitute—

“(h)   

any step taken—

(i)   

by the Professional Conduct Committee of the

General Chiropractic Council under section 22 of

40

the Chiropractors Act 1994 (which relates to

action to be taken in cases of allegations referred

to the Professional Conduct Committee), or

(ii)   

by the Health Committee of the General

Chiropractic Council under section 23 of that Act

45

(which relates to action to be taken in cases of

allegations referred to the Health Committee),”,

and

 
 

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

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(g)   

for paragraph (j) substitute—

“(j)   

any corresponding measure taken in relation to a

member of a profession regulated by the Health

Professions Order 2001, under that Order.”

(3)   

For subsection (5) substitute—

5

“(5)   

In subsection (4), the “relevant court” —

(a)   

in the case of a person who (in accordance with the rules

applying to the body making the relevant decision) was, or was

required to be, notified of the relevant decision at an address in

Scotland, means the Court of Session,

10

(b)   

in the case of a person who (in accordance with the rules

applying to the body making the relevant decision) was, or was

required to be, notified of the relevant decision at an address in

Northern Ireland, means the High Court of Justice in Northern

Ireland, and

15

(c)   

in the case of any other person, means the High Court of Justice

in England and Wales.”

(4)   

In subsection (6) for the words from “four weeks beginning with the last date”

to the end substitute “40 days beginning with the day which is the last day on

which the practitioner concerned can appeal against the relevant decision”.

20

(5)   

Section 29(1)(c) of the 2002 Act has effect until the coming into force of the

repeal of that provision by this Act as if the words “otherwise than by reason

of his physical or mental health” were omitted.

(6)   

Section 29(1)(f) of the 2002 Act has effect until the coming into force of the

repeal of that provision by this Act as if the words from “, other than a

25

direction” to the end were omitted.

Conduct and performance of medical practitioners and other health care workers

114     

Responsible officers and their duties relating to medical profession

After Part 5 of the Medical Act 1983 (c. 54) insert—

“Part 5A

30

Responsible Officers

45A     

Requirement to nominate or appoint responsible officer

(1)   

The appropriate authority may by regulations make provision for or in

connection with requiring designated bodies to nominate or appoint

persons who are to have such responsibilities as may be conferred on

35

them by virtue of section 45B.

(2)   

A person who is so nominated or appointed by a designated body is to

be known as its responsible officer (but this is subject to any provision

made by virtue of subsection (5)(e)).

(3)   

In this Part “designated body” means—

40

(a)   

a body falling within any description of bodies prescribed for

the purposes of this section, or

 
 

 
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