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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

64

 

116     

Co-operation between prescribed bodies

(1)   

The appropriate Minister may by regulations make provision for or in

connection with requiring a designated body to co-operate with any other

designated body in connection with—

(a)   

the sharing of information which relates to the conduct or performance

5

of any health care worker and which may show that that worker is

likely to constitute a threat to the health and safety of patients,

(b)   

the provision of information in response to requests for information

from any other designated body about the conduct or performance of

any health care worker,

10

(c)   

the consideration of any issues which arise as a result of the acts

mentioned in paragraphs (a) and (b), and

(d)   

the taking of any prescribed steps following such consideration.

(2)   

Regulations under this section may make provision requiring a designated

body to disclose the information referred to in subsection (1)(a) and any

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information disclosed under subsection (1)(b) to any other designated body in

prescribed circumstances, or in circumstances where it appears to that body

that the prescribed conditions are satisfied, whether or not the disclosure of

information has been requested.

(3)   

Regulations under this section may—

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(a)   

create offences punishable on summary conviction by a fine not

exceeding level 5 on the standard scale, and

(b)   

create other procedures for enforcing any provisions of the regulations.

(4)   

Regulations under this section may require a designated body to have regard

to any guidance given from time to time by the appropriate Minister or any

25

other prescribed person.

(5)   

In this section—

“the appropriate Minister” means the Secretary of State except that, in

relation to co-operation by a Welsh health body or a Welsh social

services body, it means the Welsh Ministers;

30

“designated body” means—

(a)   

any body which is a designated body for the purposes of Part

5A of the Medical Act 1983 (c. 54), and

(b)   

any other body prescribed for the purposes of this section;

“health care” has the meaning given by section 45A(8) of the Medical Act

35

1983;

“health care worker” means—

(a)   

any person who is a member of a prescribed profession

concerned with the physical or mental health of individuals, or

(b)   

any person who—

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(i)   

is employed by a designated body,

(ii)   

provides services to a designated body, or

(iii)   

is employed by a person who provides services to a

designated body,

   

for purposes connected with the provision of health care;

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“prescribed” means prescribed by regulations under this section;

“Welsh health body” means—

 
 

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

65

 

(a)   

a Welsh NHS body, as defined by section 148 of the Health and

Social Care (Community Health and Standards) Act 2003 (c. 43),

or

(b)   

any other person providing or arranging for the provision of

health care in Wales;

5

“Welsh social services body” means—

(a)   

the council of a county or county borough in Wales, or

(b)   

a body engaged in the provision of Welsh local authority social

services, as defined by section 148 of the Health and Social Care

(Community Health and Standards) Act 2003.

10

117     

Ss. 115 and 116: Crown application

(1)   

Sections 115 and 116 bind the Crown.

(2)   

No contravention by the Crown of any provision of either of those sections or

regulations made under them makes the Crown criminally liable; but the High

Court may declare unlawful any act or omission of the Crown which

15

constitutes such a contravention.

(3)   

The provisions of those sections apply to persons in the service of the Crown

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

20

(c. 44) (meaning of Her Majesty in her private capacity) were contained in this

Act.

Hearing Aid Council

118     

Dissolution of Hearing Aid Council

(1)   

The Hearing Aid Council is dissolved.

25

(2)   

The Hearing Aid Council Act 1968 (c. 50) and the Hearing Aid Council

(Extension) Act 1975 (c. 39) cease to have effect.

(3)   

An order under section 164(2) may not appoint a day for the coming into force

of—

(a)   

subsection (1), or

30

(b)   

subsection (2), so far as relating to the profession mentioned in section

60(2)(ca) of the Health Act 1999 (c. 8),

   

unless the following conditions are met.

(4)   

Those conditions are—

(a)   

that an Order in Council under section 60 of the Health Act 1999

35

(regulation of health care and associated professions) has made

provision by virtue of subsection (2)(ca) of that section (regulation of

dispensers of hearing aids), and

(b)   

that the day appointed under section 164(2) is not earlier than the day

on which the Order in Council, so far as making such provision, comes

40

into force.

 
 

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

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(5)   

The Secretary of State may by order make provision for the transfer of

property, rights and liabilities of the Hearing Aid Council to any relevant

regulatory body or to the Secretary of State.

(6)   

For that purpose a “relevant regulatory body” is any body which under an

Order in Council under section 60 of the Health Act 1999 (c. 8) is responsible

5

for the regulation of the profession mentioned in subsection (2)(ca) of that

section.

Regulation of social care workforce

119     

Regulation of social care workers

(1)   

The appropriate Minister may by regulations make provision modifying the

10

regulation of social care workers, so far as appears to the appropriate Minister

to be necessary or expedient for the purpose of securing or improving their

regulation or the services which they provide or to which they contribute.

(2)   

Schedule 9 (which makes further provision about regulations under this

section) has effect.

15

(3)   

In this section and that Schedule—

“the appropriate Minister” means—

(a)   

in relation to England, the Secretary of State, and

(b)   

in relation to Wales, the Welsh Ministers;

“social care worker” means a person who falls within any of paragraphs

20

(a) to (d) of subsection (2) of, or paragraphs (a) to (g) of subsection (3)

of, section 55 of the Care Standards Act 2000 (c. 14) (which sets out the

persons who are, or may by virtue of regulations be treated as, social

care workers for the purposes of Part 4 of that Act).

(4)   

The references in subsection (1) to the regulation of social care workers include

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references to—

(a)   

the regulation of social care workers of a description in relation to

which no provision for registration for the time being applies,

(b)   

the regulation of those seeking registration as social care workers of any

description or of persons who were, but are no longer, registered as

30

social care workers of any description, and

(c)   

the regulation of activities carried on by persons who are not social care

workers but which are carried on in connection with the activities

carried on by social care workers.

120     

Standard of proof in proceedings relating to registration of social care worker

35

(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 a committee of a Council, a

Council itself or any officer of a Council which relate to a person’s suitability

to be or remain registered as a social care worker of any description.

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(3)   

In subsection (2)—

(a)   

references to a Council are references to the General Social Care

Council or the Care Council for Wales, and

(b)   

“social care worker” has the same meaning as in section 119.

 
 

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

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(4)   

Regulations under section 119 may not—

(a)   

amend this section, or

(b)   

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

Approved mental health professionals

121     

Education and training of approved mental health professionals

5

(1)   

The appropriate Minister may by regulations make provision modifying the

functions of the General Social Care Council or the Care Council for Wales in

relation to the education and training of persons who are or wish to become

approved mental health professionals.

(2)   

The power to make regulations under subsection (1) may be exercised by

10

amending, repealing or applying (with or without modifications) any

provision of any enactment and any other instrument or document.

(3)   

Paragraphs 4 to 6 and 9 and 10 of Schedule 9 apply to the making of regulations

under subsection (1) as they apply to the making of regulations under section

119 but as if the references in paragraphs 9 and 10 to social care workers were

15

references to approved mental health professionals.

(4)   

In this section—

“the appropriate Minister” means—

(a)   

in relation to the General Social Care Council, the Secretary of

State, and

20

(b)   

in relation to the Care Council for Wales, the Welsh Ministers;

“approved mental health professional” has the same meaning as in

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

“functions” includes powers and duties.

General

25

122     

Further amendments relating to Part 2

Schedule 10 (which contains further amendments relating to this Part) has

effect.

123     

Interpretation of Part 2

In this Part—

30

“the 1999 Act” means the Health Act 1999 (c. 8);

“the 2002 Act” means the National Health Service Reform and Health

Care Professions Act 2002 (c. 17);

“enactment” means an enactment contained in, or in an instrument made

under—

35

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure or Act of the National Assembly for Wales, or

(d)   

Northern Ireland legislation;

“the OHPA” means the Office of the Health Professions Adjudicator.

40

 
 

Health and Social Care Bill
Part 3 — Public health protection

68

 

Part 3

Public health protection

124     

Public health protection

Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert—

“Part 2A

5

Public Health Protection

Introductory

45A     

Infection or contamination

(1)   

The following provisions have effect for the interpretation of this Part.

(2)   

“Contamination” includes radiation.

10

(3)   

Any reference to infection or contamination is a reference to infection

or contamination which presents or could present significant harm to

human health.

(4)   

Any reference to the spread of contamination includes a reference to

the spread of any source of contamination.

15

(5)   

Any reference to disinfection or decontamination includes a reference

to the removal of any vector, agent or source of the infection or

contamination.

(6)   

Related expressions are to be read accordingly.

Power to make regulations

20

45B     

Health protection regulations: international travel etc.

(1)   

The appropriate Minister may by regulations make provision—

(a)   

for preventing danger to public health from vessels, aircraft,

trains or other conveyances arriving at any place,

(b)   

for preventing the spread of infection or contamination by

25

means of any vessel, aircraft, train or other conveyance leaving

any place, and

(c)   

for giving effect to any international agreement or arrangement

relating to the spread of infection or contamination.

(2)   

Regulations under subsection (1) may in particular include provision—

30

(a)   

for the detention of conveyances,

(b)   

for the medical examination, detention, isolation or quarantine

of persons,

(c)   

for the inspection, analysis, retention, isolation, quarantine or

destruction of things,

35

(d)   

for the disinfection or decontamination of conveyances, persons

or things or the application of other sanitary measures,

(e)   

for prohibiting or regulating the arrival or departure of

conveyances and the entry or exit of persons or things,

 
 

Health and Social Care Bill
Part 3 — Public health protection

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(f)   

imposing duties on masters, pilots, train managers and other

persons on board conveyances and on owners and managers of

ports, airports and other points of entry, and

(g)   

requiring persons to provide information or answer questions

(including information or questions relating to their health).

5

45C     

Health protection regulations: domestic

(1)   

The appropriate Minister may by regulations make provision for the

purpose of preventing, protecting against, controlling or providing a

public health response to the incidence or spread of infection or

contamination in England and Wales (whether from risks originating

10

there or elsewhere).

(2)   

The power in subsection (1) may be exercised—

(a)   

in relation to infection or contamination generally or in relation

to particular forms of infection or contamination, and

(b)   

so as to make provision of a general nature, to make contingent

15

provision or to make specific provision in response to a

particular set of circumstances.

(3)   

Regulations under subsection (1) may in particular include provision—

(a)   

imposing duties on registered medical practitioners or other

persons to record and notify cases or suspected cases of

20

infection or contamination,

(b)   

conferring on local authorities or other persons functions in

relation to the monitoring of public health risks, and

(c)   

imposing or enabling the imposition of restrictions or

requirements on or in relation to persons, things or premises in

25

the event of, or in response to, a threat to public health.

(4)   

The restrictions or requirements mentioned in subsection (3)(c) include

in particular—

(a)   

a requirement that a child is to be kept away from school,

(b)   

a prohibition or restriction relating to the holding of an event or

30

gathering,

(c)   

a restriction or requirement relating to the handling, transport

or disposal of dead bodies or human remains, and

(d)   

a special restriction or requirement.

(5)   

The power in subsection (1) is subject to section 45D.

35

(6)   

For the purposes of this Part—

(a)   

a “special restriction or requirement” means a restriction or

requirement which can be imposed by a justice of the peace by

virtue of section 45G(2), 45H(2) or 45I(2), but

(b)   

a restriction or requirement mentioned in subsection (4)(a), (b)

40

or (c) is not to be regarded as a special restriction or

requirement.

45D     

Restrictions on power to make regulations under section 45C

(1)   

Regulations under section 45C may not include provision imposing a

restriction or requirement by virtue of subsection (3)(c) of that section

45

unless the appropriate Minister considers, when making the

 
 

Health and Social Care Bill
Part 3 — Public health protection

70

 

regulations, that the restriction or requirement is proportionate to what

is sought to be achieved by imposing it.

(2)   

Regulations under section 45C may not include provision enabling the

imposition of a restriction or requirement by virtue of subsection (3)(c)

of that section unless the regulations provide that a decision to impose

5

such a restriction or requirement may only be taken if the person taking

it considers, when taking the decision, that the restriction or

requirement is proportionate to what is sought to be achieved by

imposing it.

(3)   

Regulations under section 45C may not include provision imposing a

10

special restriction or requirement mentioned in section 45G(2)(a), (b),

(c) or (d).

(4)   

Regulations under section 45C may not include provision enabling the

imposition of a special restriction or requirement unless—

(a)   

the regulations are made in response to a serious and imminent

15

threat to public health, or

(b)   

imposition of the restriction or requirement is expressed to be

contingent on there being such a threat at the time when it is

imposed.

(5)   

For the purposes of this section—

20

(a)   

regulations “enable the imposition of a restriction or

requirement” if the restriction or requirement is imposed by

virtue of a decision taken under the regulations by the

appropriate Minister, a local authority or other person;

(b)   

regulations “impose a restriction or requirement” if the

25

restriction or requirement is imposed without any such

decision.

45E     

Medical treatment

(1)   

Regulations under section 45B or 45C may not include provision

requiring a person to undergo medical treatment.

30

(2)   

“Medical treatment” includes vaccination and other prophylactic

treatment.

45F     

Health protection regulations: supplementary

(1)   

This section makes further provision about regulations under section

45B or 45C (“health protection regulations”).

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(2)   

Health protection regulations may—

(a)   

confer functions on local authorities and other persons;

(b)   

create offences;

(c)   

enable a court to order a person convicted of any such offence

to take or pay for remedial action in appropriate circumstances;

40

(d)   

provide for the execution and enforcement of restrictions and

requirements imposed by or under the regulations;

(e)   

provide for appeals from and reviews of decisions taken under

the regulations;

(f)   

permit or prohibit the levy of charges;

45

(g)   

permit or require the payment of incentive payments,

compensation and expenses;

 
 

 
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