Health and Social Care Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

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

for purposes connected with the provision of health care;
45
“prescribed” means prescribed by regulations under this section;
“Welsh health body” means—

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

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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
25
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.
40
(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.

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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
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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,

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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

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Part 3 — Public health protection
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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”).
35
(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;