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Health and Social Care Bill


Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

48

 

(a)   

a Primary Care Trust,

(b)   

a National Health Service trust all or most of whose hospitals,

establishments and facilities are situated in England, or

(c)   

an NHS foundation trust;

“health care” has the meaning given by section 9(2) (but see subsection (2)

5

below);

“health or social care” has the meaning given by section 9(4);

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

“NHS care” means health care provided by Primary Care Trusts or

10

commissioned by Primary Care Trusts (whether from other English

NHS providers or not);

“Part 1 offence” means an offence under this Part or under regulations

under this Part;

“prescribed” means prescribed by regulations;

15

“regulated activity” has the meaning given by section 8;

“regulations” means regulations made by the Secretary of State;

“regulatory functions”, in relation to the Commission, is to be read in

accordance with section 60(2);

“social care” has the meaning given by section 9(3).

20

(2)   

Except in Chapter 2, any reference in this Part to the provision of health care

includes a reference to—

(a)   

the provision of services connected with the provision of health care,

and

(b)   

the promotion and protection of public health.

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(3)   

Any reference in this Part to health care commissioned by a Primary Care Trust

is a reference to health care provided by other persons pursuant to

arrangements made by the Trust.

(4)   

Any reference in this Part to adult social services commissioned by an English

local authority is a reference to adult social services provided by other persons

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pursuant to arrangements made by the authority.

(5)   

Any reference in this Part to a person who carries on a regulated activity

includes a reference to a person who carries it on otherwise than for profit.

(6)   

Any reference in this Part to the provision of health care, or adult social

services, by a person includes a reference to the provision of that care, or those

35

services, by that person’s agent or sub-contractor.

(7)   

In its application to a function conferred on the Commission by regulations

under section 59(1)(b), Chapter 6 has effect as if any reference in Chapter 6 to

an English NHS body included a reference to a cross-border Special Health

Authority.

40

 
 

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

49

 

Part 2

Regulation of health professions and health and social care workforce

The Office of the Health Professions Adjudicator

98      

The Office of the Health Professions Adjudicator

(1)   

There is to be a body corporate known as the Office of the Health Professions

5

Adjudicator (referred to in this Part as “the OHPA”).

(2)   

The OHPA is to have functions in relation to the professions regulated by—

(a)   

the Medical Act 1983 (c. 54), and

(b)   

the Opticians Act 1989 (c. 44).

(3)   

Schedule 6 (which makes further provision about the OHPA) has effect.

10

99      

Functions under Medical Act 1983 and Opticians Act 1989

Schedule 7 (which contains amendments of the Medical Act 1983 and the

Opticians Act 1989 providing for certain functions under those Acts relating to

adjudication to be exercisable by the OHPA) has effect.

100     

Fitness to practise panels

15

(1)   

The functions which the OHPA has under the Medical Act 1983 and the

Opticians Act 1989 are to be discharged by fitness to practise panels constituted

in accordance with this section.

(2)   

A fitness to practise panel is to consist of—

(a)   

a chair selected from the list of persons eligible to serve as chairs

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provided for by section 101(1)(a),

(b)   

a lay member selected from the list of persons eligible to serve as lay

members provided for by section 101(1)(b) (the “lay members list”),

(c)   

a professionally qualified member selected from the list of persons

eligible to serve as professionally qualified members provided for by

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section 101(1)(c) (the “professionally qualified members list”), and

(d)   

such additional members (if any) selected from the lay members list or

the professionally qualified members list as may be required by rules.

(3)   

Rules may make further provision about the selection of fitness to practise

panels in relation to any proceedings.

30

(4)   

Rules under subsection (3) may in particular make provision requiring the

selection in specified circumstances of a chair who is legally qualified for the

purposes of section 101(2)(a), and may provide for pilot schemes under which

chairs who are legally qualified for those purposes are, or are not, selected for

such proceedings as may be determined in accordance with the rules.

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(5)   

In this section “rules” means rules made by the OHPA.

101     

Lists of persons eligible for membership of fitness to practise panels

(1)   

For the purposes of section 100, the OHPA must appoint, or arrange for the

appointment of, persons to lists of—

 
 

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

50

 

(a)   

persons eligible to serve as chairs,

(b)   

persons eligible to serve as lay members, and

(c)   

persons eligible to serve as professionally qualified members.

(2)   

The list of persons eligible to serve as chairs is to consist of—

(a)   

persons who are legally qualified,

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(b)   

persons who are also included on the list of persons eligible to serve as

lay members, and

(c)   

persons who are also included on the list of persons eligible to serve as

professionally qualified members.

(3)   

Rules may make provision about the keeping of the lists including provision

10

about—

(a)   

the division of a list into parts, and

(b)   

the information which is to appear on a list in relation to a person

appointed to that list.

(4)   

No person may be appointed to a list unless the person satisfies such

15

requirements as may be prescribed by rules.

(5)   

Rules made by virtue of subsection (4) must make provision about—

(a)   

the qualifications which a person must have in order to be “legally

qualified” for the purposes of subsection (2)(a), and

(b)   

the experience which a person must have and the training which a

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person must have undertaken in order to be eligible for appointment to

the list of persons eligible to serve as chairs by virtue of subsection

(2)(b) or (c).

(6)   

A member of the OHPA may not be appointed to a list.

(7)   

A person appointed to a list holds and vacates office in accordance with the

25

terms of the person’s appointment.

(8)   

In this section “rules” means rules made by the OHPA.

102     

Further provisions about listed persons

(1)   

The OHPA—

(a)   

may pay to any person included on a list such fees, allowances and

30

expenses as it may determine, and

(b)   

may pay to any person whom it proposes to include on a list such

allowances and expenses as it may determine in connection with the

provision of training for the person by virtue of subsection (2)(b).

(2)   

The OHPA—

35

(a)   

must provide, or arrange for the provision of, such training for persons

included on a list as it may determine, and

(b)   

may provide, or arrange for the provision of, such training for persons

whom it proposes to include on a list as it may determine.

(3)   

The OHPA must—

40

(a)   

establish and maintain a system for the declaration and registration of

private interests of persons included on a list, and

(b)   

publish entries recorded in that register of interests.

(4)   

In this section “list” means any of the lists kept under section 101(1).

 
 

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

51

 

103     

Legal assessors

(1)   

The OHPA must appoint, or arrange for the appointment of, persons to be legal

assessors.

(2)   

The legal assessors are appointed for the purpose of giving advice to the

OHPA’s fitness to practise panels on questions of law arising in proceedings

5

before them.

(3)   

To be eligible for appointment as a legal assessor a person must have such

qualifications and satisfy such other conditions as are specified by rules.

(4)   

A legal assessor appointed under this section—

(a)   

may be appointed either generally or for any particular proceedings or

10

class of proceedings, and

(b)   

holds and vacates office in accordance with the terms of the assessor’s

appointment.

(5)   

The OHPA may pay such fees, allowances and expenses to a legal assessor

appointed under this section as it may determine.

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(6)   

Rules may make—

(a)   

provision about the functions of legal assessors appointed under this

section, and

(b)   

provision for a fitness to practise panel not to be advised by a legal

assessor if the chair of the panel is legally qualified for the purposes of

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section 101(2)(a).

(7)   

In this section “rules” means rules made by the OHPA.

104     

Clinical and other specialist advisers

(1)   

The OHPA may appoint, or arrange for the appointment of, persons to be

clinical advisers.

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(2)   

Any clinical advisers are appointed for the purpose of giving advice to the

OHPA’s fitness to practise panels on issues relating to health that arise in

proceedings before them.

(3)   

The OHPA may also appoint, or arrange for the appointment of, persons to act

as specialist advisers on issues on which the OHPA considers that specialist

30

knowledge is required.

(4)   

Any specialist advisers are appointed for the purpose of giving advice to the

OHPA’s fitness to practise panels on issues falling within the advisers’

speciality arising in proceedings before them.

(5)   

To be eligible for appointment as a clinical adviser or specialist adviser a

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person must have such qualifications and satisfy such other conditions as are

specified by rules.

(6)   

An adviser appointed under subsection (1) or (3)—

(a)   

may be appointed either generally or for any particular proceedings or

class of proceedings, and

40

(b)   

holds and vacates office in accordance with the terms of the adviser’s

appointment.

 
 

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

52

 

(7)   

The OHPA may pay such fees, allowances and expenses to an adviser

appointed under subsection (1) or (3) as it may determine.

(8)   

Rules may make provision about the functions of advisers appointed under

subsection (1) or (3).

(9)   

In this section “rules” means rules made by the OHPA.

5

105     

Procedural rules

(1)   

The OHPA must make rules about—

(a)   

the procedure to be followed in connection with the making of referrals

to the OHPA under the Medical Act 1983 (c. 54) or the Opticians Act

1989 (c. 44), and

10

(b)   

the procedure to be followed, and the rules of evidence to be observed,

in proceedings before the OHPA’s fitness to practise panels.

(2)   

Subject to subsection (4), rules under this section may make such provision as

the OHPA considers appropriate including provision about—

(a)   

preliminary hearings,

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(b)   

the giving of directions to parties as to the conduct of proceedings and

the consequences of failure to comply with such directions,

(c)   

a fitness to practise panel taking account of undertakings given by the

person to whom the proceedings relate,

(d)   

voting by fitness to practise panels, including the taking of decisions by

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majority and the conferral of a casting vote on the chair,

(e)   

the award and assessment of costs and expenses, and

(f)   

the circumstances in which fitness to practise panels may review their

own decisions.

(3)   

Rules about the award and assessment of costs and expenses may—

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(a)   

require that regard be had to a person’s ability to pay when considering

the making of an award against that person,

(b)   

include provision for all or part of the costs or expenses of the

representative of a party to proceedings to be disallowed by reason of

that representative’s conduct of the proceedings, and

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(c)   

provide for an award in respect of costs and expenses to be recoverable

as if it had been adjudged to be paid by court order.

(4)   

Rules under this section must make—

(a)   

provision for securing that—

(i)   

notice that proceedings are to be brought is given to the person

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to whom the proceedings relate, and

(ii)   

notice of any decision of a fitness to practise panel is given to the

parties to the proceedings and to the registrar of the regulatory

body which regulates the profession of which the person to

whom the proceedings relate is a member,

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within such time and in such manner as is specified in the rules,

(b)   

provision giving each party to proceedings the opportunity, if the party

so requests, to put the party’s case at a hearing,

(c)   

provision entitling each party to be represented at any hearing by a

person falling within a description of persons specified in the rules, and

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(d)   

provision for proceedings to be held in public except and to the extent

that the rules provide otherwise.

 
 

 
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