|
| |
|
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 |
| |
| 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 |
| 15 |
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— |
| 20 |
(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 |
| |
| |
“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 |
| |
(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 |
| |
“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 |
| |
| 40 |
(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 |
| |
| |
| for purposes connected with the provision of health care; |
| 45 |
“prescribed” means prescribed by regulations under this section; |
| |
“Welsh health body” means— |
| |
|
| |
|
| |
|
(a) | a Welsh NHS body, as defined by section 148 of the Health and |
| |
Social Care (Community Health and Standards) Act 2003 (c. 43), |
| |
| |
(b) | any other person providing or arranging for the provision of |
| |
| 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 |
| |
| |
| |
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 |
| |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 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 |
| 25 |
| |
(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. |
| 40 |
| |
(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. |
| |
|
| |
|
| |
|
(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. |
| |
| |
“the appropriate Minister” means— |
| |
(a) | in relation to the General Social Care Council, the Secretary of |
| |
| 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. |
| |
| 25 |
122 | Further amendments relating to Part 2 |
| |
Schedule 10 (which contains further amendments relating to this Part) has |
| |
| |
123 | Interpretation of Part 2 |
| |
| 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 |
| |
| 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 |
|
| |
|
| |
|
| |
| |
124 | Public health protection |
| |
Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert— |
| |
| 5 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(c) | for the inspection, analysis, retention, isolation, quarantine or |
| |
| 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, |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(3) | Regulations under section 45C may not include provision imposing a |
| 10 |
special restriction or requirement mentioned in section 45G(2)(a), (b), |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
| |
45F | Health protection regulations: supplementary |
| |
(1) | This section makes further provision about regulations under section |
| |
45B or 45C (“health protection regulations”). |
| 35 |
(2) | Health protection regulations may— |
| |
(a) | confer functions on local authorities and other persons; |
| |
| |
(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 |
| |
| |
(f) | permit or prohibit the levy of charges; |
| 45 |
(g) | permit or require the payment of incentive payments, |
| |
compensation and expenses; |
| |
|
| |
|