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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

59

 

(b)   

any other body prescribed for those purposes.

(4)   

The descriptions of bodies, or particular bodies, that may be so

prescribed are descriptions of bodies, or particular bodies, appearing to

the appropriate authority—

(a)   

to provide, or arrange for the provision of, health care, or

5

(b)   

to employ or contract with medical practitioners.

(5)   

Regulations under this section may make provision—

(a)   

for conditions that must be satisfied in relation to a person if

that person is to be nominated or appointed as, or remain as, a

responsible officer of a designated body,

10

(b)   

authorising or requiring a designated body to nominate or

appoint more than one responsible officer,

(c)   

for a single person to be nominated or appointed as the

responsible officer for each of two or more designated bodies

where those bodies are satisfied as to the prescribed matters,

15

(d)   

requiring a designated body that has a responsible officer to

provide to the officer, or, if that designated body does not

employ the officer, to the employer of the officer, funds and

other resources necessary for enabling the officer to discharge

the officer’s prescribed responsibilities as a responsible officer

20

for the designated body,

(e)   

for the persons nominated or appointed as mentioned in

subsection (1) to be known by such name as is prescribed, and

(f)   

for making such amendments of any enactment as appear to the

appropriate authority to be required in connection with any

25

provision made by virtue of paragraph (e).

(6)   

The conditions imposed under subsection (5)(a) may in particular

include a requirement for the designated body to consult the General

Council before nominating or appointing any person as a responsible

officer for the body.

30

(7)   

Regulations under this section may in prescribed cases provide that a

responsible officer for a designated body is to be nominated by the

appropriate authority instead of the designated body.

(8)   

In this section—

“enactment” includes any provision of, or any instrument made

35

under, Northern Ireland legislation;

“health care” means services provided to individuals for or in

connection with the prevention, diagnosis or treatment of

illness;

“illness” has the same meaning as in section 25(1) of the Health Act

40

2006.

45B     

Responsibilities of responsible officer

(1)   

Regulations under section 45A may make provision for or in

connection with—

(a)   

conferring on the responsible officer or officers for a designated

45

body responsibilities relating to the evaluation of the fitness to

practise of medical practitioners having a prescribed connection

with that body, and

 
 

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

60

 

(b)   

requiring a responsible officer for a designated body to co-

operate with the General Council, any of its committees, or any

persons authorised by the General Council, in connection with

the exercise by any of them of functions under Part 3A or 5 of

this Act.

5

(2)   

Where a designated body has more than one responsible officer,

regulations under section 45A may make provision for or in connection

with the division of prescribed responsibilities among those officers,

including provision for the division to be determined by the designated

body.

10

(3)   

The power by virtue of subsection (1)(a) to prescribe the connection

between a medical practitioner and a designated body includes, in

particular, power to prescribe a connection based on any of the

following circumstances—

(a)   

the practitioner being employed by the designated body,

15

(b)   

the practitioner providing services to the designated body,

(c)   

the practitioner being employed by a person who provides

services to the designated body,

(d)   

the practitioner providing services in the geographical area in

relation to which the designated body exercises functions in

20

relation to the provision of the health service, or

(e)   

the practitioner being employed by or providing services to, or

pursuant to arrangements made by, a body which is located in

the geographical area in relation to which the designated body

exercises functions in relation to the provision of the health

25

service but is not itself a designated body.

(4)   

A designated body may confer on any of its responsible officers such

powers as it considers appropriate to enable the officer to discharge any

of the officer’s prescribed responsibilities as a responsible officer for the

body.

30

(5)   

If a designated body requires any of its responsible officers to carry out

any functions other than the officer’s prescribed responsibilities, it

must in doing so have regard to the officer’s prescribed responsibilities.

(6)   

In this section “the health service” means—

(a)   

the health service as defined by section 275(1) of the National

35

Health Service Act 2006 or section 206(1) of the National Health

Service (Wales) Act 2006,

(b)   

the health service as defined by section 108(1) of the National

Health Service (Scotland) Act 1978, or

(c)   

any of the health services under any enactment which extends

40

to Northern Ireland and which corresponds to section 1(1) of the

National Health Service Act 2006.

45C     

Regulations under section 45A: further provisions

(1)   

Regulations under section 45A may—

(a)   

create offences punishable on summary conviction by a fine not

45

exceeding level 5 on the standard scale, and

(b)   

create other procedures for enforcing any provisions of the

regulations.

 
 

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

61

 

(2)   

Regulations under section 45A may require a designated body or a

responsible officer to have regard to any guidance given from time to

time by the appropriate authority or any other prescribed person in

relation to the nomination or appointment of responsible officers or

their prescribed responsibilities.

5

(3)   

Regulations under section 45A may make provision requiring—

(a)   

a body which employs, or is provided with services by, a

medical practitioner, or which arranges for others to be

provided with services by a medical practitioner, but which is

not a designated body, or

10

(b)   

a medical practitioner,

   

to provide, to the responsible officer with prescribed responsibilities

relating to that medical practitioner or to the designated body for which

the officer is a responsible officer or, if that designated body does not

employ the responsible officer, to the employer of the officer, funds and

15

other resources necessary for enabling the responsible officer to

discharge the officer’s prescribed responsibilities relating to that

medical practitioner.

(4)   

Regulations under section 45A may make provision for or in

connection with requiring prescribed persons to supply information or

20

produce documents to a responsible officer in connection with the

discharge of the prescribed responsibilities of the responsible officer.

45D     

Crown application

(1)   

This Part binds the Crown.

(2)   

No contravention by the Crown of any provision of this Part or

25

regulations made under this Part makes the Crown criminally liable;

but the High Court (or, in Scotland, the Court of Session) may declare

unlawful any act or omission of the Crown which constitutes such a

contravention.

(3)   

The provisions of this Part apply to persons in the service of the Crown

30

as they apply to other persons.

(4)   

Nothing in this section affects Her Majesty in her private capacity; and

this subsection is to be read as if section 38(3) of the Crown Proceedings

Act 1947 (meaning of Her Majesty in her private capacity) were

contained in this Act.

35

45E     

Regulations under section 45A: supplementary provisions

(1)   

The power of the Secretary of State to make regulations under section

45A is exercisable by statutory instrument.

(2)   

Before making any regulations under section 45A, the Secretary of State

must consult—

40

(a)   

the Scottish Ministers, if the regulations extend to Scotland, and

(b)   

the Welsh Ministers, if the regulations apply to Wales.

(3)   

A statutory instrument that—

(a)   

contains regulations made by the Secretary of State under

section 45A, and

45

 
 

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

62

 

(b)   

is not subject to a requirement that a draft of the instrument be

laid before, and approved by a resolution of, each House of

Parliament,

   

is subject to annulment in pursuance of a resolution of either House of

Parliament.

5

(4)   

The Secretary of State may not make a statutory instrument containing

(whether alone or with other provision) the first regulations under

section 45A that include provision made by the Secretary of State by

virtue of section 45B unless a draft of the instrument has been laid

before, and approved by a resolution of, each House of Parliament.

10

(5)   

The power of the Department of Health, Social Services and Public

Safety in Northern Ireland to make regulations under section 45A is

exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979.

(6)   

A statutory rule that—

15

(a)   

contains regulations made by the Department of Health, Social

Services and Public Safety in Northern Ireland under section

45A, and

(b)   

is not subject to a requirement that a draft of the statutory rule

be laid before, and approved by a resolution of, the Northern

20

Ireland Assembly,

   

is subject to negative resolution within the meaning of section 41(6) of

the Interpretation Act (Northern Ireland) 1954.

(7)   

The Department of Health, Social Services and Public Safety in

Northern Ireland may not make a statutory rule containing (whether

25

alone or with other provision) the first regulations under section 45A

that include provision made by the Department by virtue of section 45B

unless a draft of the statutory rule has been laid before, and approved

by a resolution of, the Northern Ireland Assembly.

(8)   

Regulations under section 45A may make different provision for

30

different cases.

45F     

Interpretation of Part 5A

In this Part—

“the appropriate authority” means—

(a)   

in relation to England and Wales or Scotland, the

35

Secretary of State, or

(b)   

in relation to Northern Ireland, the Department of

Health, Social Services and Public Safety in Northern

Ireland;

“designated body” has the meaning given by section 45A(3);

40

“prescribed” means prescribed by regulations under section 45A.”

115     

Additional responsibilities of responsible officers: England and Wales and

Northern Ireland

(1)   

Regulations under this section may confer on a responsible officer nominated

or appointed for the purposes of regulations under section 45A of the Medical

45

Act 1983 (c. 54) (requirement to nominate or appoint responsible officer)

additional responsibilities that relate to—

 
 

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

63

 

(a)   

the entry by the designated body into contracts of employment with

medical practitioners or into contracts for the provision of services by

such practitioners,

(b)   

the monitoring of the conduct or performance of medical practitioners

who have a prescribed connection with the designated body, or

5

(c)   

ensuring that appropriate action is taken in response to concerns about

such conduct or performance,

   

but do not relate to the regulation under that Act of the medical profession.

(2)   

Subject to subsection (3), the power to make regulations under this section is

exercisable—

10

(a)   

in relation to England, by the Secretary of State,

(b)   

in relation to Wales, by the Welsh Ministers, or

(c)   

in relation to Northern Ireland, by the Department of Health, Social

Services and Public Safety in Northern Ireland.

(3)   

In relation to cross-border bodies, the power to make regulations under this

15

section is exercisable by the Secretary of State after consultation with the Welsh

Ministers.

(4)   

For the purposes of this section a “cross-border body” is a body which—

(a)   

performs (and only performs) functions in respect of England and

Wales, and

20

(b)   

does not perform functions mainly in respect of England or mainly in

respect of Wales.

(5)   

Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983

(c. 54) (provisions that may be included in regulations under section 45A of

that Act and responsibilities of responsible officers) apply in relation to

25

regulations under this section as they apply in relation to regulations under

section 45A of that Act but as if—

(a)   

references to prescribed responsibilities were references to

responsibilities conferred by regulations under this section,

(b)   

the reference in section 45B(2) to regulations under section 45A were a

30

reference to regulations under this section, and

(c)   

the reference in section 45B(3) to subsection (1)(a) of that section were a

reference to subsection (1)(b) of this section.

(6)   

Subject to subsection (7), regulations under this section may require a

designated body or a responsible officer to have regard to any guidance given

35

from time to time by the Secretary of State, the Welsh Ministers or the

Department of Health, Social Services and Public Safety in Northern Ireland (as

the case may be), or by any other person prescribed by the regulations, in

relation to responsibilities conferred on responsible officers by the regulations.

(7)   

In relation to cross-border bodies, the reference in subsection (6) to the

40

Secretary of State is to be read as a reference to the Secretary of State after

consultation with the Welsh Ministers.

(8)   

Expressions used in this section and in Part 5A of the Medical Act 1983

(responsible officers) have the same meaning in this section as in that Part.

 
 

 
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