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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

57

 

114     

Constitution etc. of Council

(1)   

Schedule 7 to the 2002 Act (which contains provisions relating to the Council)

is amended as follows.

(2)   

For paragraph 4 substitute—

“4         

The Council is to consist of—

5

(a)   

a chair appointed by the Privy Council,

(b)   

one non-executive member appointed by the Scottish

Ministers,

(c)   

one non-executive member appointed by the Welsh

Ministers,

10

(d)   

one non-executive member appointed by the Department of

Health, Social Services and Public Safety in Northern Ireland,

(e)   

three non-executive members appointed by the Secretary of

State, and

(f)   

two executive members appointed in accordance with

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paragraph 11.”

(3)   

In paragraph 6—

(a)   

for paragraph (a) substitute—

“(a)   

the conditions to be fulfilled for appointment as chair or

other member of the Council,”,

20

(b)   

in paragraph (b), for “chairman and other members” substitute “chair

and non-executive members”, and

(c)   

before the “and” at the end of paragraph (b) insert—

“(ba)   

the appointment of a member as deputy chair and the

circumstances in which that member ceases to hold, or

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may be removed from, office as deputy chair,”.

(4)   

In paragraph 10, for “chairman” (wherever occurring) substitute “chair”.

(5)   

For paragraph 11 substitute—

“11   (1)  

The Council may appoint the executive members referred to in

paragraph 4(f) on such terms and conditions as the Council may

30

determine.

      (2)  

The executive members must be employees of the Council.

      (3)  

Any decision of the Council under sub-paragraph (1) must be taken

by the members appointed under paragraph 4(a) to (e).

      (4)  

The Council may appoint such other employees as it considers

35

appropriate on such terms and conditions as it may determine.”

(6)   

In paragraph 16 after sub-paragraph (1) insert—

   “(1A)  

The report must state—

(a)   

how the Council, in exercising its functions, has promoted

the health, safety and well-being of patients and other

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members of the public, and

(b)   

how far, in the opinion of the Council, each regulatory body

has complied with any duty imposed on it to promote the

health, safety and well-being of such persons.”

 
 

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115     

Powers and duties of Council

In section 26 of the 2002 Act (powers and duties of the Council: general), for

subsection (4) substitute—

“(4)   

Subsection (3) does not prevent the Council from—

(a)   

taking action under section 28,

5

(b)   

where section 29 applies, taking action under that section after

the regulatory body’s proceedings have ended, or

(c)   

investigating particular cases with a view to making general

reports on the performance by the regulatory body of its

functions or making general recommendations to the

10

regulatory body affecting future cases.”

116     

Powers of Secretary of State and devolved administrations

(1)   

After section 26 of the 2002 Act insert—

“26A    

Powers of Secretary of State and devolved administrations

(1)   

The Secretary of State, the Welsh Ministers, the Scottish Ministers or the

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relevant Northern Ireland department may request the Council for

advice on any matter connected with a profession appearing to the

person making the request to be a health care profession; and the

Council must comply with such a request.

(2)   

The Secretary of State, the Welsh Ministers, the Scottish Ministers or the

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relevant Northern Ireland department may require the Council to

investigate and report on a particular matter in respect of which the

Council’s functions are exercisable.

(3)   

In this section “the relevant Northern Ireland department” means the

Department of Health, Social Services and Public Safety in Northern

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Ireland.”

(2)   

In section 26 of the 2002 Act (powers and duties of the Council: general), omit

subsections (7) and (8) (which are superseded by subsection (1) of this section).

117     

Duty to inform and consult the public

After section 26A of the 2002 Act insert—

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“26B    

Duty to inform and consult the public

(1)   

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

about the Council and the exercise by it of its functions, the Council

must publish or provide in such manner as it thinks fit information

about the Council and the exercise of its functions.

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(2)   

Nothing in subsection (1) 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.

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(3)   

In subsection (2) “enactment” has the same meaning as in Part 2 of the

Health and Social Care Act 2008.

 
 

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

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(4)   

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

(a)   

members of the public, and

(b)   

bodies which appear to the Council to represent the interests of

patients,

   

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

5

118     

Reference of cases by Council to court

(1)   

Section 29 of the 2002 Act (reference of disciplinary cases by Council to court)

is amended as follows.

(2)   

In subsection (1)—

(a)   

for paragraph (a) substitute—

10

“(a)   

a direction of—

(i)   

the Health Committee of the Royal

Pharmaceutical Society of Great Britain under

article 51 of the Pharmacists and Pharmacy

Technicians Order 2007 (powers concerning

15

registration), or

(ii)   

the Disciplinary Committee of that Society

under article 52 of that Order (powers

concerning registration) or under section 80 of

the Medicines Act 1968 (power to disqualify and

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direct removal from register),”,

(b)   

omit paragraph (c),

(c)   

in paragraph (e) omit the words from “(other than a determination” to

the end,

(d)   

omit paragraph (f),

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(e)   

for paragraph (g) substitute—

“(g)   

any step taken—

(i)   

by the Professional Conduct Committee of the

General Osteopathic Council under section 22 of

the Osteopaths Act 1993 (which relates to action

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to be taken in cases of allegations referred to the

Professional Conduct Committee), or

(ii)   

by the Health Committee of the General

Osteopathic Council under section 23 of that Act

(which relates to action to be taken in cases of

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allegations referred to the Health Committee),”,

(f)   

for paragraph (h) substitute—

“(h)   

any step taken—

(i)   

by the Professional Conduct Committee of the

General Chiropractic Council under section 22 of

40

the Chiropractors Act 1994 (which relates to

action to be taken in cases of allegations referred

to the Professional Conduct Committee), or

(ii)   

by the Health Committee of the General

Chiropractic Council under section 23 of that Act

45

(which relates to action to be taken in cases of

allegations referred to the Health Committee),”,

and

 
 

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

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(g)   

for paragraph (j) substitute—

“(j)   

any corresponding measure taken in relation to a

member of a profession regulated by the Health

Professions Order 2001, under that Order.”

(3)   

For subsection (5) substitute—

5

“(5)   

In subsection (4), the “relevant court” —

(a)   

in the case of a person who (in accordance with the rules

applying to the body making the relevant decision) was, or was

required to be, notified of the relevant decision at an address in

Scotland, means the Court of Session,

10

(b)   

in the case of a person who (in accordance with the rules

applying to the body making the relevant decision) was, or was

required to be, notified of the relevant decision at an address in

Northern Ireland, means the High Court of Justice in Northern

Ireland, and

15

(c)   

in the case of any other person, means the High Court of Justice

in England and Wales.”

(4)   

In subsection (6) for the words from “four weeks beginning with the last date”

to the end substitute “40 days beginning with the day which is the last day on

which the practitioner concerned can appeal against the relevant decision”.

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(5)   

Section 29(1)(c) of the 2002 Act has effect until the coming into force of the

repeal of that provision by this Act as if the words “otherwise than by reason

of his physical or mental health” were omitted.

(6)   

Section 29(1)(f) of the 2002 Act has effect until the coming into force of the

repeal of that provision by this Act as if the words from “, other than a

25

direction” to the end were omitted.

Conduct and performance of medical practitioners and other health care workers

119     

Responsible officers and their duties relating to medical profession

After Part 5 of the Medical Act 1983 (c. 54) insert—

“Part 5A

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Responsible Officers

45A     

Requirement to nominate or appoint responsible officer

(1)   

The appropriate authority may by regulations make provision for or in

connection with requiring designated bodies to nominate or appoint

persons who are to have such responsibilities as may be conferred on

35

them by virtue of section 45B.

(2)   

A person who is so nominated or appointed by a designated body is to

be known as its responsible officer (but this is subject to any provision

made by virtue of subsection (5)(e)).

(3)   

In this Part “designated body” means—

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(a)   

a body falling within any description of bodies prescribed for

the purposes of this section, or

 
 

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(b)   

any other body prescribed for those purposes.

(4)   

The descriptions of bodies, or particular bodies, that may be so

prescribed are descriptions of bodies, or particular bodies, appearing to

the appropriate authority—

(a)   

to provide, or arrange for the provision of, health care, or

5

(b)   

to employ or contract with medical practitioners.

(5)   

Regulations under this section may make provision—

(a)   

for conditions that must be satisfied in relation to a person if

that person is to be nominated or appointed as, or remain as, a

responsible officer of a designated body,

10

(b)   

authorising or requiring a designated body to nominate or

appoint more than one responsible officer,

(c)   

for a single person to be nominated or appointed as the

responsible officer for each of two or more designated bodies

where those bodies are satisfied as to the prescribed matters,

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(d)   

requiring a designated body that has a responsible officer to

provide to the officer, or, if that designated body does not

employ the officer, to the employer of the officer, funds and

other resources necessary for enabling the officer to discharge

the officer’s prescribed responsibilities as a responsible officer

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for the designated body,

(e)   

for the persons nominated or appointed as mentioned in

subsection (1) to be known by such name as is prescribed, and

(f)   

for making such amendments of any enactment as appear to the

appropriate authority to be required in connection with any

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provision made by virtue of paragraph (e).

(6)   

The conditions imposed under subsection (5)(a) may in particular

include a requirement for the designated body to consult the General

Council before nominating or appointing any person as a responsible

officer for the body.

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(7)   

Regulations under this section may in prescribed cases provide that a

responsible officer for a designated body is to be nominated by the

appropriate authority instead of the designated body.

(8)   

In this section—

“enactment” includes any provision of, or any instrument made

35

under, Northern Ireland legislation;

“health care” means services provided to individuals for or in

connection with the prevention, diagnosis or treatment of

illness;

“illness” has the same meaning as in section 25(1) of the Health Act

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2006.

45B     

Responsibilities of responsible officer

(1)   

Regulations under section 45A may make provision for or in

connection with—

(a)   

conferring on the responsible officer or officers for a designated

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body responsibilities relating to the evaluation of the fitness to

practise of medical practitioners having a prescribed connection

with that body, and

 
 

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(b)   

requiring a responsible officer for a designated body to co-

operate with the General Council, any of its committees, or any

persons authorised by the General Council, in connection with

the exercise by any of them of functions under Part 3A or 5 of

this Act.

5

(2)   

Where a designated body has more than one responsible officer,

regulations under section 45A may make provision for or in connection

with the division of prescribed responsibilities among those officers,

including provision for the division to be determined by the designated

body.

10

(3)   

The power by virtue of subsection (1)(a) to prescribe the connection

between a medical practitioner and a designated body includes, in

particular, power to prescribe a connection based on any of the

following circumstances—

(a)   

the practitioner being employed by the designated body,

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(b)   

the practitioner providing services to the designated body,

(c)   

the practitioner being employed by a person who provides

services to the designated body,

(d)   

the practitioner providing services in the geographical area in

relation to which the designated body exercises functions in

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relation to the provision of the health service, or

(e)   

the practitioner being employed by or providing services to, or

pursuant to arrangements made by, a body which is located in

the geographical area in relation to which the designated body

exercises functions in relation to the provision of the health

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service but is not itself a designated body.

(4)   

A designated body may confer on any of its responsible officers such

powers as it considers appropriate to enable the officer to discharge any

of the officer’s prescribed responsibilities as a responsible officer for the

body.

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(5)   

If a designated body requires any of its responsible officers to carry out

any functions other than the officer’s prescribed responsibilities, it

must in doing so have regard to the officer’s prescribed responsibilities.

(6)   

In this section “the health service” means—

(a)   

the health service as defined by section 275(1) of the National

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Health Service Act 2006 or section 206(1) of the National Health

Service (Wales) Act 2006,

(b)   

the health service as defined by section 108(1) of the National

Health Service (Scotland) Act 1978, or

(c)   

any of the health services under any enactment which extends

40

to Northern Ireland and which corresponds to section 1(1) of the

National Health Service Act 2006.

45C     

Regulations under section 45A: further provisions

(1)   

Regulations under section 45A may—

(a)   

create offences punishable on summary conviction by a fine not

45

exceeding level 5 on the standard scale, and

(b)   

create other procedures for enforcing any provisions of the

regulations.

 
 

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(2)   

Regulations under section 45A may require a designated body or a

responsible officer to have regard to any guidance given from time to

time by the appropriate authority or any other prescribed person in

relation to the nomination or appointment of responsible officers or

their prescribed responsibilities.

5

(3)   

Regulations under section 45A may make provision requiring—

(a)   

a body which employs, or is provided with services by, a

medical practitioner, or which arranges for others to be

provided with services by a medical practitioner, but which is

not a designated body, or

10

(b)   

a medical practitioner,

   

to provide, to the responsible officer with prescribed responsibilities

relating to that medical practitioner or to the designated body for which

the officer is a responsible officer or, if that designated body does not

employ the responsible officer, to the employer of the officer, funds and

15

other resources necessary for enabling the responsible officer to

discharge the officer’s prescribed responsibilities relating to that

medical practitioner.

(4)   

Regulations under section 45A may make provision for or in

connection with requiring prescribed persons to supply information or

20

produce documents to a responsible officer in connection with the

discharge of the prescribed responsibilities of the responsible officer.

45D     

Crown application

(1)   

This Part binds the Crown.

(2)   

No contravention by the Crown of any provision of this Part or

25

regulations made under this Part makes the Crown criminally liable;

but the High Court (or, in Scotland, the Court of Session) may declare

unlawful any act or omission of the Crown which constitutes such a

contravention.

(3)   

The provisions of this Part apply to persons in the service of the Crown

30

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 (meaning of Her Majesty in her private capacity) were

contained in this Act.

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45E     

Regulations under section 45A: supplementary provisions

(1)   

The power of the Secretary of State to make regulations under section

45A is exercisable by statutory instrument.

(2)   

Before making any regulations under section 45A, the Secretary of State

must consult—

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(a)   

the Scottish Ministers, if the regulations extend to Scotland, and

(b)   

the Welsh Ministers, if the regulations apply to Wales.

(3)   

A statutory instrument that—

(a)   

contains regulations made by the Secretary of State under

section 45A, and

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