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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

53

 

106     

Administration of oaths and issuing of witness summonses etc.

(1)   

For the purpose of proceedings before a fitness to practise panel of the OHPA

in England and Wales or in Northern Ireland—

(a)   

the panel may administer oaths, and

(b)   

any party to the proceedings may apply for the issue of a witness

5

summons directing a person to attend the panel in order to give

evidence or to produce a document.

(2)   

No person shall be compelled under any such summons to give any evidence

or produce any document which that person could not be compelled to give or

produce on the trial of an action.

10

(3)   

Section 36 of the Supreme Court Act 1981 (c. 54) and section 67 of the

Judicature (Northern Ireland) Act 1978 (c. 23) (which provide a special

procedure for the issue of such a summons so as to be in force throughout the

United Kingdom) apply in relation to proceedings before a fitness to practise

panel in England and Wales or, as the case may be, in Northern Ireland as those

15

provisions apply in relation to causes or matters in the High Court.

(4)   

For the purpose of proceedings before a fitness to practise panel of the OHPA

in Scotland—

(a)   

the panel may administer oaths, and

(b)   

the Court of Session, on the application of any party to the proceedings,

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has the like power as in any action in that court—

(i)   

to grant warrant for the citation of witnesses and havers to give

evidence or to produce documents before the panel and for the

issue of letters of second diligence against any witness or haver

failing to appear after due citation,

25

(ii)   

to grant warrant for the recovery of documents, and

(iii)   

to grant commissions to persons to take the evidence of

witnesses or to examine havers and receive their exhibits and

productions.

107     

Duty to inform the public

30

(1)   

For the purpose of ensuring that members of the public are informed about the

OHPA and the exercise by it of its functions, the OHPA must publish or

provide in such manner as it thinks fit information about the OHPA and the

exercise of its functions.

(2)   

Without prejudice to the generality of subsection (1), the OHPA must publish

35

in such manner as it thinks fit, and within such time as may be specified in

rules, decisions of its fitness to practise panels.

(3)   

But the OHPA may withhold from publication—

(a)   

information concerning the physical or mental health of a person which

the OHPA considers to be confidential, and

40

(b)   

other information which is of a description specified in rules.

(4)   

Nothing in subsection (1) or (2) authorises or requires the publication or

provision of information if the publication or provision of that information—

(a)   

is prohibited by any enactment, or

(b)   

would constitute or be punishable as a contempt of court.

45

(5)   

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

 
 

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

54

 

108     

Duty to consult

The OHPA must from time to time seek the views of—

(a)   

members of the public,

(b)   

bodies which appear to the OHPA to represent the interests of patients,

(c)   

the General Medical Council and the General Optical Council, and

5

(d)   

any other bodies which appear to the OHPA to represent the

professions regulated by the Medical Act 1983 (c. 54) or the Opticians

Act 1989 (c. 44),

on matters relevant to the exercise by it of its functions.

109     

OHPA rules: supplementary

10

(1)   

This section applies to the power of the OHPA to make rules under any of

sections 100, 101, 103, 104, 105 and 107.

(2)   

The power may be exercised—

(a)   

so as to make different provision for different cases or different classes

of case or different provision in respect of the same case or class of case

15

for different purposes of this Act,

(b)   

either in relation to all cases to which the power extends, or in relation

to all those cases subject to specified exceptions, or

(c)   

so as to make any supplementary, incidental, consequential,

transitional, transitory or saving provision which the OHPA considers

20

necessary or expedient.

(3)   

Before making rules the OHPA must consult—

(a)   

the Council for Healthcare Regulatory Excellence,

(b)   

if the rules affect the profession regulated by the Medical Act 1983, the

General Medical Council and any other bodies which appear to the

25

OHPA to represent that profession,

(c)   

if the rules affect the professions regulated by the Opticians Act 1989,

the General Optical Council and any other bodies which appear to the

OHPA to represent those professions,

(d)   

bodies which appear to the OHPA to represent the interests of patients,

30

and

(e)   

such other persons as the OHPA considers appropriate.

(4)   

Rules do not come into force until they have been approved by order of the

Privy Council.

(5)   

The Privy Council may approve rules—

35

(a)   

as submitted to them, or

(b)   

subject to such modifications as appear to them to be necessary.

(6)   

Where the Privy Council propose to approve rules subject to modifications,

they must—

(a)   

notify the OHPA of the modifications they propose to make, and

40

(b)   

consider any observations which the OHPA may make on the

modifications.

 
 

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

55

 

110     

Fees payable by General Medical Council and General Optical Council

(1)   

The Secretary of State must with the approval of the Treasury make regulations

requiring each of the regulatory bodies to pay to the OHPA periodic fees in

respect of the discharge by the OHPA of its functions.

(2)   

The regulations must provide for the amount of the fees to be determined by

5

the OHPA in accordance with the regulations.

(3)   

The regulations must require the OHPA to exercise its powers under the

regulations with a view to ensuring that its chargeable costs are met by fees

payable under the regulations and, accordingly, that the fees payable by each

regulatory body cover—

10

(a)   

so much of the OHPA’s chargeable costs as are treated by the

regulations as being attributable to the OHPA’s functions under the

relevant regulatory Act, and

(b)   

an apportionment between the regulatory bodies of so much of the

OHPA’s chargeable costs as are not treated by the regulations as being

15

attributable to the OHPA’s functions under that Act or the other

relevant regulatory Act.

(4)   

For the purposes of subsection (3), the OHPA’s “chargeable costs” are the costs

incurred by the OHPA under or for the purposes of this Act or any other

enactment, other than costs—

20

(a)   

incurred before such day as may be specified in the regulations, or

(b)   

incurred for a purpose specified in the regulations.

(5)   

The regulations must provide that no fee is to be payable unless the OHPA

has—

(a)   

notified the regulatory bodies of its proposed determination as to the

25

amount of the fees payable by them,

(b)   

considered any representations made by the regulatory bodies in

relation to the proposed determination, and

(c)   

notified each of the regulatory bodies of the OHPA’s determination of

the amount payable by that body (which may be more or less than the

30

amount proposed).

(6)   

The regulations may require the OHPA to obtain the approval of the Treasury

in relation to the amount of any fee.

(7)   

The regulations may—

(a)   

make provision as to the times at which fees are to be paid;

35

(b)   

enable a determination to be varied, replaced or revoked;

(c)   

provide that if the whole or any part of a fee payable under the

regulations is not paid by the time when it is required to be paid under

the regulations, the unpaid balance from that time carries interest at the

rate determined by or in accordance with the regulations;

40

(d)   

make provision as to the recovery of fees.

(8)   

Before making regulations under this section, the Secretary of State must

consult the regulatory bodies and such other persons as the Secretary of State

considers appropriate.

(9)   

In this section—

45

“regulatory body” means the General Medical Council or the General

Optical Council;

 
 

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

56

 

“relevant regulatory Act” means—

(a)   

in relation to the General Medical Council, the Medical Act 1983

(c. 54), and

(b)   

in relation to the General Optical Council, the Opticians Act

1989 (c. 44).

5

Amendments of Part 3 of Health Act 1999

111     

Extension of powers under s. 60 of Health Act 1999

Schedule 8 (which contains amendments of section 60 of, and Schedule 3 to, the

1999 Act) has effect.

112     

Standard of proof in fitness to practise proceedings

10

After section 60 of the 1999 Act insert—

“60A    

Standard of proof in fitness to practise proceedings

(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—

15

(a)   

the Office of the Health Professions Adjudicator, or

(b)   

a committee of a regulatory body, a regulatory body itself or

any officer of a regulatory body,

   

which relate to a person’s fitness to practise a profession to which

section 60(2) applies.

20

(3)   

In subsection (2) “regulatory body” means the body (or main body)

responsible for the regulation of a profession to which section 60(2)

applies.

(4)   

An Order in Council under section 60 may not—

(a)   

amend this section, or

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(b)   

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

The Council for Healthcare Regulatory Excellence

113     

The Council for Healthcare Regulatory Excellence

(1)   

The Council for the Regulation of Health Care Professionals is to be known

instead as the Council for Healthcare Regulatory Excellence.

30

(2)   

Accordingly, in section 25 of the 2002 Act (which establishes the Council), in

subsection (1), for “the Council for the Regulation of Health Care

Professionals” substitute “the Council for Healthcare Regulatory Excellence”.

(3)   

After subsection (2) of that section insert—

“(2A)   

The main objective of the Council in exercising its functions under

35

subsection (2)(b) to (d) is to promote the health, safety and well-being

of patients and other members of the public.”

 
 

 
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