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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

64

 

(b)   

is not subject to a requirement that a draft of the instrument be

laid before, and approved by a resolution of, each House of

Parliament,

   

is subject to annulment in pursuance of a resolution of either House of

Parliament.

5

(4)   

The Secretary of State may not make a statutory instrument containing

(whether alone or with other provision) the first regulations under

section 45A that include provision made by the Secretary of State by

virtue of section 45B unless a draft of the instrument has been laid

before, and approved by a resolution of, each House of Parliament.

10

(5)   

The power of the Department of Health, Social Services and Public

Safety in Northern Ireland to make regulations under section 45A is

exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979.

(6)   

A statutory rule that—

15

(a)   

contains regulations made by the Department of Health, Social

Services and Public Safety in Northern Ireland under section

45A, and

(b)   

is not subject to a requirement that a draft of the statutory rule

be laid before, and approved by a resolution of, the Northern

20

Ireland Assembly,

   

is subject to negative resolution within the meaning of section 41(6) of

the Interpretation Act (Northern Ireland) 1954.

(7)   

The Department of Health, Social Services and Public Safety in

Northern Ireland may not make a statutory rule containing (whether

25

alone or with other provision) the first regulations under section 45A

that include provision made by the Department by virtue of section 45B

unless a draft of the statutory rule has been laid before, and approved

by a resolution of, the Northern Ireland Assembly.

(8)   

Regulations under section 45A may make different provision for

30

different cases.

45F     

Interpretation of Part 5A

In this Part—

“the appropriate authority” means—

(a)   

in relation to England and Wales or Scotland, the

35

Secretary of State, or

(b)   

in relation to Northern Ireland, the Department of

Health, Social Services and Public Safety in Northern

Ireland;

“designated body” has the meaning given by section 45A(3);

40

“prescribed” means prescribed by regulations under section 45A.”

120     

Additional responsibilities of responsible officers: England and Wales and

Northern Ireland

(1)   

Regulations under this section may confer on a responsible officer nominated

or appointed for the purposes of regulations under section 45A of the Medical

45

Act 1983 (c. 54) (requirement to nominate or appoint responsible officer)

additional responsibilities that relate to—

 
 

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

65

 

(a)   

the entry by the designated body into contracts of employment with

medical practitioners or into contracts for the provision of services by

such practitioners,

(b)   

the monitoring of the conduct or performance of medical practitioners

who have a prescribed connection with the designated body, or

5

(c)   

ensuring that appropriate action is taken in response to concerns about

such conduct or performance,

   

but do not relate to the regulation under that Act of the medical profession.

(2)   

Subject to subsection (3), the power to make regulations under this section is

exercisable—

10

(a)   

in relation to England, by the Secretary of State,

(b)   

in relation to Wales, by the Welsh Ministers, or

(c)   

in relation to Northern Ireland, by the Department of Health, Social

Services and Public Safety in Northern Ireland.

(3)   

In relation to cross-border bodies, the power to make regulations under this

15

section is exercisable by the Secretary of State after consultation with the Welsh

Ministers.

(4)   

For the purposes of this section a “cross-border body” is a body which—

(a)   

performs (and only performs) functions in respect of England and

Wales, and

20

(b)   

does not perform functions mainly in respect of England or mainly in

respect of Wales.

(5)   

Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983

(c. 54) (provisions that may be included in regulations under section 45A of

that Act and responsibilities of responsible officers) apply in relation to

25

regulations under this section as they apply in relation to regulations under

section 45A of that Act but as if—

(a)   

references to prescribed responsibilities were references to

responsibilities conferred by regulations under this section,

(b)   

the reference in section 45B(2) to regulations under section 45A were a

30

reference to regulations under this section, and

(c)   

the reference in section 45B(3) to subsection (1)(a) of that section were a

reference to subsection (1)(b) of this section.

(6)   

Subject to subsection (7), regulations under this section may require a

designated body or a responsible officer to have regard to any guidance given

35

from time to time by the Secretary of State, the Welsh Ministers or the

Department of Health, Social Services and Public Safety in Northern Ireland (as

the case may be), or by any other person prescribed by the regulations, in

relation to responsibilities conferred on responsible officers by the regulations.

(7)   

In relation to cross-border bodies, the reference in subsection (6) to the

40

Secretary of State is to be read as a reference to the Secretary of State after

consultation with the Welsh Ministers.

(8)   

Expressions used in this section and in Part 5A of the Medical Act 1983

(responsible officers) have the same meaning in this section as in that Part.

 
 

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

66

 

121     

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 making regulations under this section the appropriate Minister must have

regard to the importance of avoiding unfair prejudice to health care workers

against whom unsubstantiated allegations are made.

(6)   

In this section—

30

“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;

“designated body” means—

(a)   

any body which is a designated body for the purposes of Part

35

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

1983;

“health care worker” means—

40

(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—

(i)   

is employed by a designated body,

(ii)   

provides services to a designated body, or

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(iii)   

is employed by a person who provides services to a

designated body,

   

for purposes connected with the provision of health care;

 
 

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

67

 

“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),

or

5

(b)   

any other person providing or arranging for the provision of

health care in Wales;

“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

10

services, as defined by section 148 of the Health and Social Care

(Community Health and Standards) Act 2003.

122     

Ss. 120 and 121: Crown application

(1)   

Sections 120 and 121 bind the Crown.

(2)   

No contravention by the Crown of any provision of either of those sections or

15

regulations made under them makes the Crown criminally liable; but the High

Court may declare unlawful any act or omission of the Crown which

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.

20

(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

(c. 44) (meaning of Her Majesty in her private capacity) were contained in this

Act.

Hearing Aid Council

25

123     

Dissolution of Hearing Aid Council

(1)   

The Hearing Aid Council is dissolved.

(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 169(3) may not appoint a day for the coming into force

30

of—

(a)   

subsection (1), or

(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.

35

(4)   

Those conditions are—

(a)   

that an Order in Council under section 60 of the Health Act 1999

(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

40

(b)   

that the day appointed under section 169(3) is not earlier than the day

on which the Order in Council, so far as making such provision, comes

into force.

 
 

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

68

 

(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

124     

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.

125     

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 124.

 
 

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

69

 

(4)   

Regulations under section 124 may not—

(a)   

amend this section, or

(b)   

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

Approved mental health professionals

126     

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

124 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

127     

Further amendments relating to Part 2

Schedule 10 (which contains further amendments relating to this Part) has

effect.

128     

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

70

 

Part 3

Public health protection

129     

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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