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Health and Social Care Act 2008

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SCHEDULES

Section 1

SCHEDULE 1E+WThe Care Quality Commission

StatusE+W

1(1)The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.

General powers and dutiesE+W

2(1)The Commission may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.E+W

(2)This includes, in particular—

(a)co-operating with other public authorities in the United Kingdom,

(b)acquiring and disposing of land and other property,

(c)entering into contracts,

(d)providing training, and

(e)doing things outside (as well as within) the United Kingdom.

(3)It is the duty of the Commission to carry out its functions effectively, efficiently and economically.

MembershipE+W

3(1)The Commission is to consist of—E+W

(a)a chair appointed by the Secretary of State, and

(b)other members so appointed.

(2)The Secretary of State must exercise the powers in sub-paragraph (1) so as to secure that the knowledge and experience of the members of the Commission (taken together) includes knowledge and experience relating to health care, social care and the Mental Health Act 1983 (c. 20).

(3)The Secretary of State may, in the prescribed manner, remove the chair or any other member from office if (but only if) the Secretary of State is satisfied that the person—

(a)is unable or unfit to carry out the duties of that office,

(b)is failing to carry out those duties, or

(c)is disqualified from holding office (or was disqualified at the time of appointment).

(4)The Secretary of State may by regulations make provision as to—

(a)the appointment of the chair and other members (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment), and

(b)subject to this paragraph of this Schedule, the tenure of office of the chair and other members (including the circumstances in which they are to cease to hold office, are disqualified from holding office or may be suspended from office).

(5)Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions in sub-paragraph (3) is or may be satisfied in relation to that person.

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Commencement Information

I1Sch. 1 para. 3 partly in force; Sch. 1 para. 3 in force for specified purposes at Royal Assent, see s. 170

Remuneration and allowancesE+W

4(1)The Commission must pay to its chair, or to any other member, such remuneration and allowances as the Secretary of State may determine.E+W

(2)If the Secretary of State so determines, the Commission must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chair or any other member of the Commission.

(3)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chair of the Commission to receive compensation, the Commission must—

(a)pay to that person, or

(b)make provision for the payment to that person of,

such compensation as the Secretary of State may determine.

EmployeesE+W

5(1)The Commission must appoint a chief executive, who is to be an employee of the Commission.E+W

(2)The Commission may appoint such other employees as it considers appropriate.

(3)Employees of the Commission are to be appointed on such terms and conditions as the Commission may determine.

(4)Without prejudice to its other powers, the Commission may pay, or make provision for the payment of—

(a)pensions, allowances and gratuities, or

(b)compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

ProcedureE+W

6(1)The Commission must appoint an advisory committee (“the advisory committee”) for the purpose of giving advice or information to it about matters connected with its functions.E+W

(2)In considering how to exercise its functions, the Commission must have regard to relevant advice and information given to it by the advisory committee (whether or not given at its request).

(3)The Commission may appoint such other committees and sub-committees as it thinks fit.

(4)The advisory committee and any committee or sub-committee appointed under sub-paragraph (3) may consist of or include persons who are not members of the Commission.

(5)The advisory committee must include persons of a prescribed description.

(6)The Commission may pay such remuneration and allowances as it thinks fit to persons who—

(a)are members of its committees and sub-committees, but

(b)are not members of the Commission.

(7)The Commission may in all other respects regulate its own procedure.

(8)The validity of proceedings of the Commission is not affected—

(a)by any vacancy in its membership,

(b)by any defect in the appointment of a member, or

(c)by any person—

(i)acting as a member even though ineligible for appointment when purportedly appointed, or

(ii)acting as a member after having ceased to be a member.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 1 para. 6 partly in force; Sch. 1 para. 6 in force for specified purposes at Royal Assent, see s. 170

Exercise of functionsE+W

7(1)The Commission may arrange for—E+W

(a)any of its committees, sub-committees, members or employees, or

(b)any other person,

to exercise any of its functions on its behalf.

(2)If the Commission arranges for the exercise of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, any such person.

(3)The reference in sub-paragraph (1) to any of the Commission's committees does not include the advisory committee.

AssistanceE+W

8(1)The Commission may arrange for such persons as it thinks fit to assist it in the exercise of any of its functions in relation to—E+W

(a)a particular case, or

(b)cases of a particular description.

(2)Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to the CommissionE+W

9(1)The Secretary of State may make payments to the Commission of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.E+W

(2)The Secretary of State may, with the approval of the Treasury, lend money to the Commission on such terms (including terms as to repayment and interest) as the Secretary of State may determine.

(3)Except as provided by sub-paragraph (2), the Commission has no power to borrow money.

AccountsE+W

10(1)The Commission must keep accounts in such form as the Secretary of State may determine.E+W

(2)The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The Commission must send copies of the annual accounts to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts, and of the report on them, before Parliament.

(5)In this paragraph “financial year” means—

(a)the period beginning with the day on which the Commission is established and ending with the next 31 March following that day, and

(b)each successive period of 12 months ending with 31 March.

Seal and evidenceE+W

11The application of the seal of the Commission must be authenticated by the signature—E+W

(a)of any member of the Commission, or

(b)of any other person who has been authorised by the Commission (whether generally or specifically) for that purpose.

12A document—E+W

(a)purporting to be duly executed under the seal of the Commission, or

(b)purporting to be signed on behalf of the Commission,

is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Section 6

SCHEDULE 2E+WTransfers of property and staff etc.

Transfer schemesE+W

1(1)The Secretary of State may make one or more transfer schemes for—E+W

(a)the transfer of property, rights and liabilities of the Commission for Healthcare Audit and Inspection to the Care Quality Commission or the Crown;

(b)the transfer of property, rights and liabilities of the Commission for Social Care Inspection to the Care Quality Commission or the Crown;

(c)the transfer of property, rights and liabilities of the Mental Health Act Commission—

(i)to the Care Quality Commission or the Welsh Ministers, or

(ii)to the Crown;

(d)the transfer of property, rights and liabilities of the Crown to the Care Quality Commission.

(2)The property, rights and liabilities which may be the subject of a scheme include—

(a)any that would otherwise be incapable of being transferred or assigned,

(b)rights and liabilities under a contract of employment, and

(c)criminal liabilities.

(3)A scheme under this paragraph may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).

(4)A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme.

(5)A scheme under this paragraph may include supplementary, incidental, transitional and consequential provision.

(6)The Secretary of State may not make a scheme under this paragraph for the transfer of property, rights or liabilities to the Welsh Ministers unless the scheme is made with the consent of the Welsh Ministers.

TransferE+W

2The property, rights and liabilities which are the subject of a scheme under paragraph 1 are, by virtue of this paragraph, transferred on the day appointed by the scheme in accordance with the provisions of the scheme.E+W

EmploymentE+W

3The transfer by paragraph 2 of the rights and liabilities relating to an individual's contract of employment does not break the continuity of the individual's employment and, accordingly—E+W

(a)the individual is not to be regarded for the purposes of Part 2 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and

(b)the individual's period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.

4(1)Paragraph 2 does not operate to transfer the rights and liabilities under an individual's contract of employment if, before the transfer takes effect, the individual informs the transferor or transferee that the individual objects to the transfer.E+W

(2)Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), the individual's contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but the individual is not, for any purpose, to be regarded as having been dismissed by the transferor.

(3)This paragraph is without prejudice to any right of an individual employed by a transferor to terminate the individual's contract of employment if (apart from the change of employer) a substantial change is made to the individual's detriment in the individual's working conditions.

TransitionalE+W

5(1)Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 2 which is in effect immediately before it is transferred is to be treated as if done by or in relation to the transferee.E+W

(2)There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

(3)A reference to the transferor in any document relating to anything so transferred is to be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.

(4)A transfer under paragraph 2 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Section 52

SCHEDULE 3E+WAmendments of Mental Health Act 1983

1In this Schedule “the MHA” means the Mental Health Act 1983 (c. 20).E+W

2In section 57 of the MHA (treatment requiring consent and a second opinion), in subsection (2)(a), for “the Secretary of State” (in both places) substitute “ the regulatory authority ”.E+W

3In section 58 of the MHA (treatment requiring consent or a second opinion), in subsection (3)(a), for “the Secretary of State” substitute “ the regulatory authority ”.E+W

4(1)Section 61 of the MHA (review of treatment) is amended as follows.E+W

(2)For “the Secretary of State” (wherever occurring) substitute “ the regulatory authority ”.

(3)In subsection (3), after “to him” insert “ (whether in England or Wales) ”.

5In section 64H of the MHA (certificates: supplementary provision), in subsections (4) and (5), for “appropriate national authority” substitute “ regulatory authority ”.E+W

6(1)Section 118 of the MHA (code of practice) is amended as follows.E+W

(2)In subsection (2), for “appointed for the purposes of this section by the Secretary of State” substitute “ appointed for the purposes of this section by the regulatory authority ”.

(3)After subsection (6) insert—

(7)The Care Quality Commission may at any time make proposals to the Secretary of State as to the content of the code of practice which the Secretary of State must prepare, and from time to time revise, under this section in relation to England.

7(1)Section 119 of the MHA (practitioners approved for Part 4 and section 118) is amended as follows.E+W

(2)In subsection (1)—

(a)for “The Secretary of State” substitute “ The regulatory authority ”,

(b)for “he” substitute “ it ”, and

(c)for “by him” substitute “ by the authority ”.

(3)In subsection (2), omit “by the Secretary of State”.

8For section 120 of the MHA substitute—E+W

120General protection of relevant patients

(1)The regulatory authority must keep under review and, where appropriate, investigate the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or their reception into guardianship or to relevant patients.

(2)Relevant patients are—

(a)patients liable to be detained under this Act,

(b)community patients, and

(c)patients subject to guardianship.

(3)The regulatory authority must make arrangements for persons authorised by it to visit and interview relevant patients in private—

(a)in the case of relevant patients detained under this Act, in the place where they are detained, and

(b)in the case of other relevant patients, in hospitals and regulated establishments and, if access is granted, other places.

(4)The regulatory authority must also make arrangements for persons authorised by it to investigate any complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a patient who is or has been detained under this Act or who is or has been a relevant patient.

(5)The arrangements made under subsection (4)—

(a)may exclude matters from investigation in specified circumstances, and

(b)do not require any person exercising functions under the arrangements to undertake or continue with any investigation where the person does not consider it appropriate to do so.

(6)Where any such complaint as is mentioned in subsection (4) is made by a Member of Parliament or a member of the National Assembly for Wales, the results of the investigation must be reported to the Member of Parliament or member of the Assembly.

(7)For the purposes of a review or investigation under subsection (1) or the exercise of functions under arrangements made under this section, a person authorised by the regulatory authority may at any reasonable time—

(a)visit and interview in private any patient in a hospital or regulated establishment,

(b)if the authorised person is a registered medical practitioner or approved clinician, examine the patient in private there, and

(c)require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained under this Act or who is or has been a community patient or a patient subject to guardianship.

(8)The regulatory authority may make provision for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any review or investigation for which it is responsible under subsection (1) or functions under arrangements made by it under this section.

(9)In this section “regulated establishment” means—

(a)an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or

(b)premises used for the carrying on of a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008) in respect of which a person is registered under Chapter 2 of that Part.

9After section 120 of the MHA insert—E+W

120AInvestigation reports

(1)The regulatory authority may publish a report of a review or investigation carried out by it under section 120(1).

(2)The Secretary of State may by regulations make provision as to the procedure to be followed in respect of the making of representations to the Care Quality Commission before the publication of a report by the Commission under subsection (1).

(3)The Secretary of State must consult the Care Quality Commission before making any such regulations.

(4)The Welsh Ministers may by regulations make provision as to the procedure to be followed in respect of the making of representations to them before the publication of a report by them under subsection (1).

120BAction statements

(1)The regulatory authority may direct a person mentioned in subsection (2) to publish a statement as to the action the person proposes to take as a result of a review or investigation under section 120(1).

(2)The persons are—

(a)the managers of a hospital within the meaning of Part 2 of this Act;

(b)a local social services authority;

(c)persons of any other description prescribed in regulations.

(3)Regulations may make further provision about the content and publication of statements under this section.

(4)Regulations” means regulations made—

(a)by the Secretary of State, in relation to England;

(b)by the Welsh Ministers, in relation to Wales.

120CProvision of information

(1)This section applies to the following persons—

(a)the managers of a hospital within the meaning of Part 2 of this Act;

(b)a local social services authority;

(c)persons of any other description prescribed in regulations.

(2)A person to whom this section applies must provide the regulatory authority with such information as the authority may reasonably request for or in connection with the exercise of its functions under section 120.

(3)A person to whom this section applies must provide a person authorised under section 120 with such information as the person so authorised may reasonably request for or in connection with the exercise of functions under arrangements made under that section.

(4)This section is in addition to the requirements of section 120(7)(c).

(5)Information” includes documents and records.

(6)Regulations” means regulations made—

(a)by the Secretary of State, in relation to England;

(b)by the Welsh Ministers, in relation to Wales.

120DAnnual reports

(1)The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act.

(2)The report must be published as soon as possible after the end of each financial year.

(3)The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament.

(4)The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales.

(5)In this section “financial year” means—

(a)the period beginning with the date on which section 52 of the Health and Social Care Act 2008 comes into force and ending with the next 31 March following that date, and

(b)each successive period of 12 months ending with 31 March.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 3 para. 9 partly in force; Sch. 3 para. 9 in force for specified purposes at Royal Assent, see s. 170

10In section 129 of the MHA (obstruction), in subsection (1), after paragraph (c) insert—E+W

(ca)fails to comply with a request made under section 120C; or.

11(1)Section 134 of the MHA (correspondence of patients) is amended as follows.E+W

(2)In subsection (3), after paragraph (c) insert—

(ca)the Care Quality Commission;.

(3)In subsection (6), for “section 121(7) and (8) above” substitute “ section 134A(1) to (4) ”.

(4)In subsection (9), after “this section” insert “ and section 134A ”.

12After section 134 of the MHA insert—E+W

134AReview of decisions to withhold correspondence

(1)The regulatory authority must review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 if an application for a review of the decision is made—

(a)in a case under subsection (1)(b) of that section, by the patient; or

(b)in a case under subsection (2) of that section, either by the patient or by the person by whom the postal packet was sent.

(2)An application under subsection (1) must be made within 6 months of receipt by the applicant of the notice referred to in section 134(6).

(3)On an application under subsection (1), the regulatory authority may direct that the postal packet (or anything contained in it) is not to be withheld.

(4)The managers of the hospital concerned must comply with any such direction.

(5)The Secretary of State may by regulations make provision in connection with the making to and determination by the Care Quality Commission of applications under subsection (1), including provision for the production to the Commission of any postal packet which is the subject of such an application.

(6)The Welsh Ministers may by regulations make provision in connection with the making to them of applications under subsection (1), including provision for the production to them of any postal packet which is the subject of such an application.

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Commencement Information

I4Sch. 3 para. 12 partly in force; Sch. 3 para. 12 in force for specified purposes at Royal Assent, see s. 170

13In section 145 of the MHA (general interpretation), in subsection (1), insert at the appropriate place—E+W

the regulatory authority” means—

(a)in relation to England, the Care Quality Commission;

(b)in relation to Wales, the Welsh Ministers;.

Section 66

SCHEDULE 4E+WInteraction with other authorities

Part 1 E+WInterpretation

Inspection authoritiesE+W

1(1)In this Schedule references to inspection authorities are to be read in accordance with sub-paragraph (2) or (3), as the case may be.E+W

(2)For the purposes of paragraph 5 or 6 the inspection authorities are—

(a)Her Majesty's Chief Inspector of Prisons,

(b)Her Majesty's Chief Inspector of Constabulary,

(c)Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d)Her Majesty's Chief Inspector of the National Probation Service for England and Wales,

(e)Her Majesty's Chief Inspector of Court Administration,

(f)Her Majesty's Chief Inspector of Education, Children's Services and Skills, and

(g)the Audit Commission for Local Authorities and the National Health Service in England.

(3)For the purposes of paragraph 7 the inspection authorities are—

(a)Her Majesty's Chief Inspector of Prisons,

(b)Her Majesty's Inspectors of Constabulary,

(c)Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d)Her Majesty's Inspectorate of the National Probation Service for England and Wales,

(e)Her Majesty's Inspectorate of Court Administration,

(f)Her Majesty's Chief Inspector of Education, Children's Services and Skills, and

(g)the Audit Commission for Local Authorities and the National Health Service in England.

Inspection functionsE+W

2In this Schedule “inspection functions” means functions relating to, or connected with, inspections carried out by the Commission under section 60.E+W

Public authoritiesE+W

3(1)In this Schedule “public authority”—E+W

(a)includes any person certain of whose functions are functions of a public nature, but

(b)does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(2)Subject to paragraph 9(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom.

(3)In relation to a particular act, a person is not a public authority by virtue of sub-paragraph (1) if the nature of the act is private.

Part 2 E+WExercise of functions

Delegation of inspection functions to public authoritiesE+W

4(1)The Commission may delegate any of its inspection functions (to such extent as it may determine) to another public authority.E+W

(2)If the carrying out of an inspection is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Commission.

Inspection programmes and inspection frameworksE+W

5(1)The Commission must from time to time, or at such times as the Secretary of State may specify by order, prepare—E+W

(a)a document setting out what inspections it proposes to carry out (an “inspection programme”), and

(b)a document setting out the manner in which it proposes to exercise its functions of inspecting and reporting (an “inspection framework”).

(2)Before preparing an inspection programme or an inspection framework the Commission must consult—

(a)the Secretary of State,

(b)the inspection authorities, and

(c)any other person or body specified by an order made by the Secretary of State,

and it must send to each of those persons or bodies a copy of each programme or framework once it is prepared.

(3)The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.

(4)The Commission may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of sub-paragraph (1)(b) (so long as any requirements applying under or by virtue of this paragraph are complied with in relation to the document or documents concerned).

(5)Nothing in any inspection programme or inspection framework is to be read as preventing the Commission from making visits without notice.

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Commencement Information

I5Sch. 4 para. 5 partly in force; Sch. 4 para. 5 in force for specified purposes at Royal Assent, see s. 170

Inspections by other inspectors of activities within Commission's remitE+W

6(1)If—E+W

(a)a specified inspector is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b)the Commission considers that the proposed inspection would impose an unreasonable burden on the specified organisation, or would do so if carried out in a particular way,

the Commission must, subject to sub-paragraph (6), give a notice to the specified inspector requiring the inspector not to carry out the proposed inspection, or not to carry it out in that way.

(2)In this paragraph “specified inspector” means—

(a)an inspection authority, or

(b)any other person or body specified by order made by the Secretary of State.

(3)In this paragraph “specified organisation” means a person or body specified by order made by the Secretary of State.

(4)A person or body may be specified under sub-paragraph (3) in relation to particular functions or particular activities.

(5)In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge by that person or body of any of the functions, or the carrying on by that person or body of any of the activities, in relation to which it is specified.

(6)The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(7)Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice; but this is subject to sub-paragraph (8).

(8)The Secretary of State, if satisfied that the proposed inspection—

(a)would not impose an unreasonable burden on the specified organisation in question, or

(b)would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(9)The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

(a)provision about the form of notices;

(b)provision prescribing the period within which notices are to be given;

(c)provision prescribing circumstances in which notices are, or are not, to be made public;

(d)provision for revising or withdrawing notices;

(e)provision for setting aside notices not validly given.

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Commencement Information

I6Sch. 4 para. 6 partly in force; Sch. 4 para. 6 in force for specified purposes at Royal Assent, see s. 170

Co-operationE+W

7The Commission must co-operate with—E+W

(a)the inspection authorities, and

(b)any other public authority specified by order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective exercise of the Commission's functions.

Joint actionE+W

8(1)The Commission may act jointly with another public authority where it is appropriate to do so for the efficient and effective exercise of the Commission's functions.E+W

(2)Sub-paragraph (1) is without prejudice to any other power the Commission may have to act jointly with another public authority.

Advice or assistance for other public authoritiesE+W

9(1)The Commission may, if it thinks it appropriate to do so, provide advice or assistance to another public authority for the purpose of the exercise by that authority of that authority's functions.E+W

(2)Advice or assistance under this paragraph may be provided on such terms, including terms as to payment, as the Commission thinks fit.

(3)In this paragraph the reference to another public authority includes a public authority in the Channel Islands or the Isle of Man.

Inspections carried out under arrangementsE+W

10(1)The Commission may make arrangements with—E+W

(a)an inspection authority, or

(b)any other public authority specified by order made by the Secretary of State,

to carry out, on behalf of the authority, inspections in England of any institution or matter which the Commission is not required or authorised to carry out by virtue of any other enactment.

(2)Inspections under this paragraph may be carried out on such terms, including terms as to payment, as the Commission thinks fit.

Section 95

SCHEDULE 5E+WFurther amendments relating to Part 1

Part 1 E+WAmendments of Care Standards Act 2000

1In this Part of this Schedule “the 2000 Act” means the Care Standards Act 2000 (c. 14).E+W

2(1)Section 1 of the 2000 Act (children's homes) is amended as follows.E+W

(2)In subsection (4), after “establishment” insert “ in Wales ”.

(3)After that subsection insert—

(4A)An establishment in England is not a children's home if it is—

(a)a hospital (within the meaning of the National Health Service Act 2006); or

(b)a residential family centre,

or if it is of a description excepted by regulations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 5 para. 2 partly in force; Sch. 5 para. 2 in force for specified purposes at Royal Assent, see s. 170

3In section 2 of the 2000 Act (independent hospitals etc), in subsection (1), after “this Act” insert “ as it applies in relation to Wales ”.E+W

4(1)Section 3 of the 2000 Act (care homes) is amended as follows.E+W

(2)In subsection (3), after “establishment” insert “ in Wales ”.

(3)After that subsection insert—

(4)And an establishment in England is not a care home if it is—

(a)a hospital (within the meaning of the National Health Service Act 2006); or

(b)a children's home,

or if it is of a description excepted by regulations.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 5 para. 4 partly in force; Sch. 5 para. 4 in force for specified purposes at Royal Assent, see s. 170

5(1)Section 4 of the 2000 Act (other basic definitions) is amended as follows.E+W

(2)In subsection (8), for paragraph (a) substitute—

(a)any reference to a description of establishment is a reference to—

(i)a children's home,

(ii)a children's home providing accommodation for the purpose of restricting liberty,

(iii)an independent hospital in Wales,

(iv)an independent hospital in Wales in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983,

(v)an independent clinic in Wales,

(vi)a care home in Wales, or

(vii)a residential family centre;.

(3)For subsection (9) substitute—

(9)Below in this Act—

(a)any reference to a description of agency is a reference to—

(i)an independent medical agency in Wales or, where the activities of an independent medical agency are carried on from two or more branches, a branch in Wales of an independent medical agency,

(ii)a domiciliary care agency in Wales or, where the activities of a domiciliary care agency are carried on from two or more branches, a branch in Wales of a domiciliary care agency,

(iii)a nurses agency in Wales or, where the activities of a nurses agency are carried on from two or more branches, a branch in Wales of a nurses agency,

(iv)a fostering agency or, where the activities of a fostering agency are carried on from two or more branches, a branch of a fostering agency,

(v)a voluntary adoption agency, or

(vi)an adoption support agency or, where the activities of an adoption support agency are carried on from two or more branches, a branch of an adoption support agency;

(b)a reference to any agency is a reference to an agency or branch of any of those descriptions.

6(1)Section 5 of the 2000 Act (registration authorities) is amended as follows.E+W

(2)In subsection (1)—

(a)for paragraph (a) substitute—

(a)the registration authority in the case of establishments and agencies mentioned in subsection (1A) is Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”);, and

(b)in paragraph (b) for “in relation to Wales” substitute “ in any other case ”.

(3)After subsection (1) insert—

(1A)The establishments and agencies are—

(a)children's homes in England,

(b)residential family centres in England,

(c)fostering agencies in England or, where the activities of a fostering agency are carried on from two or more branches, the branches in England,

(d)voluntary adoption agencies whose principal office is in England, and

(e)adoption support agencies in England or, where the activities of an adoption support agency are carried on from two or more branches, the branches in England.

7Omit section 5A (general duties of Commission for Healthcare Audit and Inspection) and section 5B (general duties of Commission for Social Care Inspection) of the 2000 Act.E+W

8(1)Section 8 of the 2000 Act (general functions of the Welsh Ministers) is amended as follows.E+W

(2)For subsection (3A) substitute—

(3A)But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).

(3)In subsection (6)(b)(i), for “the CSCI” substitute “ the Care Quality Commission ”.

(4)In subsection (7), omit the words from “, other than” to the end.

9In section 10 of the 2000 Act (inquiries), omit subsection (6).E+W

10In section 11 of the 2000 Act (requirement to register)—E+W

(a)omit subsection (2),

(b)in subsection (3), for “subsections (1) and (2)” substitute “ subsection (1) ”, and

(c)in subsection (4), omit “the CHAI, the CSCI or”.

11In section 12 of the 2000 Act (applications for registration), in subsection (2), for the words from “the amount determined” to the end substitute “ the prescribed amount ”.E+W

12In section 14 of the 2000 Act (cancellation of registration), in subsection (2), after paragraph (e) insert—E+W

(f)an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part.

13After section 14 of the 2000 Act insert—E+W

14ASuspension of registration

(1)The Welsh Ministers may at any time suspend for a specified period the registration of a person in respect of an establishment or agency for which the Welsh Ministers are the registration authority.

(2)Except where the Welsh Ministers give notice under section 20B, the power conferred by subsection (1) is exercisable only on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements.

(3)The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).

(4)A period of suspension may be extended under subsection (1) on one or more occasions.

(5)Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.

(6)In this section “relevant requirements” has the same meaning as in section 14.

14In section 15 of the 2000 Act (applications by registered persons)—E+W

(a)in subsection (1), at the end of paragraph (b) insert ; or

(c)for the cancellation of, or the variation of the period of, any suspension of the registration.,

(b)in subsection (3)—

(i)after “(a)” insert “ or (c) ”, and

(ii)for the words from “a fee of—” to the end substitute “ a fee of the prescribed amount ”,

(c)after subsection (4) insert—

(4A)If the Welsh Ministers decide to grant an application under subsection (1)(c), they must serve notice in writing of their decision on the applicant (stating, where applicable, the period as varied)., and

(d)for subsection (5) substitute—

(5)If different amounts are prescribed under subsection (3), the regulations may provide for the appropriate Minister to determine which amount is payable in a particular case.

15In section 16 of the 2000 Act (regulations about registration), in subsection (3), for the words from “an annual fee—” to the end substitute “ an annual fee of the prescribed amount ”.E+W

16In section 17 of the 2000 Act (notice of proposals)—E+W

(a)in subsection (4), after “section 20” insert “ or 20A or gives notice under section 20B ”,

(b)after paragraph (a) of that subsection insert—

(aa)to suspend the registration or extend a period of suspension;, and

(c)in subsection (5), after “(a)” insert “ or (c) ”.

17In section 19 of the 2000 Act (notice of decisions), in subsection (4)—E+W

(a)omit the word “and” at the end of paragraph (b), and

(b)after that paragraph insert—

(ba)in the case of a decision to adopt a proposal under section 17(4)(aa), state the period (or extended period) of suspension; and.

18(1)Section 20 of the 2000 Act (urgent procedure for cancellation etc) is amended as follows.E+W

(2)In subsection (1)—

(a)after “If” insert “ in respect of an establishment or agency for which the CIECSS is the registration authority ”,

(b)in paragraph (a), for “the registration authority” substitute “ the CIECSS ”, and

(c)in sub-paragraph (i) of that paragraph, for “an” substitute “ the ”.

(3)In subsection (3), for “the registration authority” substitute “ the CIECSS ”.

(4)In subsection (5), for “the registration authority” substitute “ the CIECSS ”.

(5)For subsection (6) substitute—

(6)For the purposes of this section the appropriate authorities are—

(a)the local authority in whose area the establishment or agency is situated; and

(b)any other statutory authority whom the CIECSS thinks it appropriate to notify.

(6)Accordingly, for the heading of section 20 substitute “ Urgent procedure for cancellation, variation etc: England ”

19After section 20 of the 2000 Act insert—E+W

20AUrgent procedure for cancellation: Wales

(1)If in respect of an establishment or agency for which the Welsh Ministers are the registration authority—

(a)the Welsh Ministers apply to a justice of the peace for an order cancelling the registration of a person in respect of the establishment or agency, and

(b)it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,

the justice may make the order, and the cancellation has effect from the time when the order is made.

(2)An application under subsection (1) may, if the justice thinks fit, be made without notice.

(3)As soon as practicable after the making of an application under this section, the Welsh Ministers must notify the appropriate authorities of the making of the application.

(4)An order under subsection (1) is to be in writing.

(5)Where such an order is made, the Welsh Ministers must, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—

(a)a copy of the order, and

(b)notice of the right of appeal conferred by section 21.

(6)For the purposes of this section the appropriate authorities are—

(a)the local authority in whose area the establishment or agency is situated,

(b)the Local Health Board in whose area the establishment or agency is situated, and

(c)any statutory authority not falling within paragraph (a) or (b) whom the Welsh Ministers think it appropriate to notify.

(7)In this section “statutory authority” has the same meaning as in section 20.

20BUrgent procedure for suspension or variation etc: Wales

(1)Subsection (2) applies where—

(a)a person is registered under this Part in respect of an establishment or agency for which the Welsh Ministers are the registration authority, and

(b)the Welsh Ministers have reasonable cause to believe that unless they act under this section any person will or may be exposed to the risk of harm.

(2)Where this subsection applies, the Welsh Ministers may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the Welsh Ministers that is mentioned in subsection (3) to take effect from the time when the notice is given.

(3)Those decisions are—

(a)a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

(b)a decision under section 14A to suspend the registration or extend the period of suspension.

(4)The notice must—

(a)state that it is given under this section,

(b)state the Welsh Ministers' reasons for believing that the circumstances fall within subsection (1)(b),

(c)specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

(d)explain the right of appeal conferred by section 21.

20(1)Section 21 of the 2000 Act (appeals to the Tribunal) is amended as follows.E+W

(2)In subsection (1)(b), after “20” insert “ or 20A ”.

(3)In subsection (3), after “authority” insert “ , other than a decision to which a notice under section 20B relates, ”.

(4)After subsection (4) insert—

(4ZA)On an appeal against a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall cease to have effect.

(5)In subsection (5)—

(a)omit the word “or” at the end of paragraph (b), and

(b)after paragraph (c) insert ; or

(d)to vary the period of any suspension.

(6)After subsection (5) insert—

(6)Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).

21In section 22 of the 2000 Act (regulation of establishments and agencies), in subsection (7)(i), for the words from “a fee of—” to the end substitute “ a fee of the prescribed amount; ”.E+W

22After section 24 of the 2000 Act insert—E+W

24AOffences relating to suspension

(1)If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

23In section 26 of the 2000 Act (false descriptions of establishments and agencies), after subsection (1) insert—E+W

(1A)If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.

24In section 29 of the 2000 Act (proceedings for offences)—E+W

(a)for subsection (1) substitute—

(1)Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than the CIECSS or the Welsh Ministers.,

(b)in subsection (2), for “a period of six months” substitute “ the permitted period ”, and

(c)after subsection (2) insert—

(3)The permitted period” means—

(a)in the case of proceedings brought by the Welsh Ministers, a period of 12 months;

(b)in any other case, a period of 6 months.

25After section 30 of the 2000 Act insert—E+W

Penalty noticesE+W

30ZAPenalty notices

(1)Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.

(2)A fixed penalty offence is any relevant offence which—

(a)relates to an establishment or agency for which the Welsh Ministers are the registration authority, and

(b)is prescribed for the purposes of this section.

(3)A relevant offence is—

(a)an offence under this Part or under regulations made under this Part, or

(b)an offence under regulations made under section 9 of the Adoption and Children Act 2002.

(4)A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.

(5)Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

(6)Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.

(7)Penalties under this section are payable to the Welsh Ministers.

(8)In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.

30ZBPenalty notices: supplementary provision

(1)The Welsh Ministers may by regulations make—

(a)provision as to the form and content of penalty notices,

(b)provision as to the monetary amount of the penalty and the time by which it is to be paid,

(c)provision determining the methods by which penalties may be paid,

(d)provision as to the records to be kept in relation to penalty notices,

(e)provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i)repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

(ii)prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

(f)provision for a certificate—

(i)purporting to be signed by or on behalf of a prescribed person, and

(ii)stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

(g)provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

(h)such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

(2)Regulations under subsection (1)(b)—

(a)may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

(b)must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction.

(3)In this section—

  • penalty” means a penalty under a penalty notice;

  • penalty notice” has the meaning given by section 30ZA(4).

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Commencement Information

I9Sch. 5 para. 25 partly in force; Sch. 5 para. 25 in force for specified purposes at Royal Assent, see s. 170

26(1)In section 30A of the 2000 Act (notification of matters relating to persons carrying on or managing certain establishments or agencies), inserted by the Children and Young Persons Act 2008, subsection (2) is amended as follows.E+W

(2)After paragraph (a) insert—

(aa)has decided to adopt a proposal under section 17(4)(aa) to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,

(ab)has given a notice under section 20B to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,.

(3)Omit the word “or” at the end of paragraph (b).

(4)At the end of paragraph (c) insert or

(d)has given P a penalty notice under section 30ZA in respect of an offence which it alleges P committed in relation to the establishment or agency and P has paid the penalty in accordance with the notice,.

27In section 31 of the 2000 Act (inspections by persons authorised by registration authority), in subsection (7), for the words from “require” to “the CIECSS” substitute “ require the CIECSS ”.E+W

28(1)Section 42 of the 2000 Act (power to extend the application of Part 2) is amended as follows.E+W

(2)In subsection (1), after “(2)” insert “ , (2A) ”.

(3)For subsection (2) substitute—

(2)This subsection applies to—

(a)Welsh local authorities providing services in the exercise of their social services functions, and

(b)persons who provide services which are similar to services which—

(i)may or must be so provided by Welsh local authorities, or

(ii)may or must be provided by Welsh NHS bodies.

(2A)This subsection applies to—

(a)English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and

(b)persons who provide services which are similar to services which may or must be so provided by English local authorities.

(4)In subsection (4), after “(2)” insert “ or (2A) ”.

(5)Omit subsection (5).

(6)After subsection (5) insert—

(6)For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.

(7)In this section—

  • cross-border Special Health Authorities” means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales,

  • English local authorities” means local authorities in England,

  • Welsh local authorities” means local authorities in Wales, and

  • Welsh NHS bodies” means—

    (a)

    Local Health Boards,

    (b)

    National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales,

    (c)

    Special Health Authorities performing functions only or mainly in respect of Wales, and

    (d)

    cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.

29(1)Section 55 of the 2000 Act (interpretation of Part 4) is amended as follows.E+W

(2)In subsection (2)(c), for “an establishment, or an agency, of a description” substitute “ a home, centre or agency of a kind ”.

(3)In subsection (3)—

(a)in paragraph (e) omit “the CSCI,”, and

(b)after that paragraph insert—

(ea)staff of the Care Quality Commission who inspect premises under Part 1 of the Health and Social Care Act 2008 used for or in connection with the provision of social care (within the meaning of that Part) or who are responsible for persons who do so;.

30In section 113 of the 2000 Act (default powers of appropriate Minister) omit subsection (1A).E+W

31Omit section 113A of the 2000 Act (fees payable under Part 2).E+W

32After section 118 of the 2000 Act insert—E+W

118ARegulations: Wales

(1)This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.

(2)Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.

(3)A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

33In section 120 of the 2000 Act (Wales) omit subsection (1).E+W

34In section 121 of the 2000 Act (general interpretation etc), in the Table in subsection (13), omit the entries for the expressions “CHAI” and “CSCI”.E+W

Part 2 E+WAmendments of Health and Social Care (Community Health and Standards) Act 2003

35In this Part of this Schedule “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).E+W

36Omit sections 41 to 44 of the 2003 Act (regulatory bodies).E+W

37In section 45 of the 2003 Act (quality in health care), in subsection (1), after “each” insert “ Welsh ”.E+W

38Omit section 46 of the 2003 Act (standards set by Secretary of State).E+W

39Omit sections 47A to 47C of the 2003 Act (code of practice relating to health care associated infections).E+W

40Omit sections 48 to 69A of the 2003 Act (NHS health care: functions of CHAI).E+W

41Omit sections 76 to 91 of the 2003 Act (social services: functions of CSCI).E+W

42In section 96 of the 2003 Act (additional functions of Welsh Ministers), in subsection (2), for paragraph (a) substitute—E+W

(a)functions of the Care Quality Commission under Part 1 of the Health and Social Care Act 2008, and.

43In section 100 of the 2003 Act (power of Welsh Ministers to require information), in subsection (2)(c), for “NHS body” substitute “ Welsh NHS body or cross-border SHA ”.E+W

44Omit sections 102 to 104 of the 2003 Act (functions of CHAI and CSCI under Care Standards Act).E+W

45In section 113 of the 2003 Act (complaints about health care), in subsection (3), omit paragraph (b).E+W

46In section 114 of the 2003 Act (complaints about social services), in subsection (2), omit paragraph (b).E+W

47Omit sections 120 to 141 of the 2003 Act (supplementary provision about CHAI and CSCI).E+W

48For section 143 of the 2003 Act substitute—E+W

143Use by Welsh Ministers of information

(1)The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.

(2)The functions of the Welsh Ministers referred to in subsection (1) are—

(a)their functions under Chapter 4 of this Part;

(b)their functions under Chapter 6 of this Part;

(c)their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;

(d)their functions under section 80 of the Children Act 1989;

(e)their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);

(f)any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.

(3)References to functions in subsection (2) do not include functions of making regulations.

49Omit section 144 of the 2003 Act (inquiries: Wales).E+W

50Omit sections 145 and 145A of the 2003 Act (CHAI duties to co-operate).E+W

51In section 148 of the 2003 Act (interpretation of Part 2), omit the following definitions—E+W

(a)“the CHAI”,

(b)“the CSCI”,

(c)“financial year”, and

(d)“Minister of the Crown”.

52Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI and CSCI).E+W

Part 3 E+WAmendments of other Acts

Prison Act 1952 (c. 52)E+W

53(1)Schedule A1 to the Prison Act 1952 (further provision about Her Majesty's Chief Inspector of Prisons) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 3(2)—

(a)omit paragraph (c), and

(b)for paragraph (d) substitute—

(d)the Care Quality Commission;.

Public Records Act 1958 (c. 51)E+W

54In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ the Care Quality Commission. ”

Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W

55In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies in England and Wales to which the Act applies)—E+W

(a)omit paragraphs (bg) and (bh), and

(b)after paragraph (bh) insert—

(bj)the Care Quality Commission;.

Parliamentary Commissioner Act 1967 (c. 13)E+W

56In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ Care Quality Commission. ”

House of Commons Disqualification Act 1975 (c. 24)E+W

57(1)Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualified for membership) is amended as follows.E+W

(2)In Part 2 (bodies of which all members are disqualified)—

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ The Care Quality Commission. ”

(3)In Part 3 (other disqualifying offices), omit the entry for members of the Mental Health Act Commission in receipt of remuneration.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W

58In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ The Care Quality Commission. ”

Race Relations Act 1976 (c. 74)E+W

59(1)Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) is amended as follows.E+W

(2)In Part 2 (bodies and other persons added after commencement of duty)—

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place under the heading “Health” insert— “ The Care Quality Commission. ”

(3)In Part 4 (bodies and other persons added on 31 December 2004), omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection.

Copyright, Designs and Patents Act 1988 (c. 48)E+W

60In section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown” includes certain bodies with health-related functions), for “the Commission for Social Care Inspection, the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.E+W

Road Traffic Act 1988 (c. 52)E+W

61In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)—E+W

(a)in paragraph (da) for the words from “, by a Local Health Board” to “Inspection” substitute “ or by a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ”, and

(b)in paragraph (g) for “the Commission for Social Care Inspection” substitute “ the Care Quality Commission ”.

Vehicle Excise and Registration Act 1994 (c. 22)E+W

62In paragraph 7 of Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt health service vehicles)—E+W

(a)omit paragraph (c) (together with the word “or” at the end of it), and

(b)for paragraph (f) substitute—

(f)the Care Quality Commission.

Police Act 1996 (c. 16)E+W

63(1)Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 3(2), for paragraph (d) substitute—

(d)the Care Quality Commission;.

(4)In paragraph 4—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

Audit Commission Act 1998 (c. 18)E+W

64(1)Section 4 of the Audit Commission Act 1998 (code of audit practice) is amended as follows.E+W

(2)In subsection (7)—

(a)in paragraph (a) omit “the Commission for Healthcare Audit and Inspection and”,

(b)in paragraph (b) omit “the Commission for Social Care Inspection and”, and

(c)in paragraph (c) before “and such bodies” insert “ , the Care Quality Commission ”.

(3)In subsection (8), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.

65(1)Section 7 of the Audit Commission Act 1998 (fees) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (a) for “the Commission for Healthcare Audit and Inspection and such other” substitute “ such ”, and

(b)in paragraph (c) before “such bodies” insert “ the Care Quality Commission and ”.

(3)In subsection (9) for paragraph (aa) substitute—

(aa)the Care Quality Commission,.

66(1)In section 33 of the Audit Commission Act 1998 (studies for improving economy etc in services), subsection (6) is amended as follows.E+W

(2)In paragraph (c), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.

(3)For paragraph (d) substitute—

(d)in the case of a study which has a connection with adult social services (within the meaning of Part 1 of the Health and Social Care Act 2008), also consult the Care Quality Commission; and.

(4)In paragraph (e) for “that Part of that Act” substitute “ Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

67(1)In section 34 of the Audit Commission Act 1998 (reports on impact of statutory provisions), subsection (6) is amended as follows.E+W

(2)For paragraph (ba) substitute—

(ba)in the case of a study which has a connection with adult social services (within the meaning of Part 1 of the Health and Social Care Act 2008), the Care Quality Commission;.

(3)In paragraph (bb) for “that Part of that Act” substitute “ Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

68(1)In section 49 of the Audit Commission Act 1998 (disclosure), subsection (1) is amended as follows.E+W

(2)Omit paragraph (ba).

(3)In paragraph (bb), for “that Part of that Act” substitute “ Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

(4)In paragraph (c) omit the words from “or for the purposes of the functions of the Commission” to the end.

(5)After paragraph (ca) insert—

(cb)for the purposes of the functions of the Care Quality Commission under Part 1 of the Health and Social Care Act 2008;.

69In Schedule 2A to the Audit Commission Act 1998 (interaction with other authorities), in paragraph 1(1)—E+W

(a)at the end of paragraph (f) insert the word “ or ”,

(b)omit paragraph (g) (together with the word “or” at the end of it), and

(c)for paragraph (h) substitute—

(h)the Care Quality Commission.

Local Government Act 1999 (c. 27)E+W

70In section 25 of the Local Government Act 1999 (co-ordination of inspections etc.), in subsection (2)(e), for “Commission for Social Care Inspection” substitute “ Care Quality Commission ”.E+W

Crown Prosecution Service Inspectorate Act 2000 (c. 10)E+W

71(1)The Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provision about Her Majesty's Chief Inspector of the Crown Prosecution Service) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 4—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

Regulation of Investigatory Powers Act 2000 (c. 23)E+W

72In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (surveillance authorisation: relevant authorities), for paragraph 20F substitute—E+W

20FThe Care Quality Commission.

Freedom of Information Act 2000 (c. 36)E+W

73In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 (other public bodies and offices: general)—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ The Care Quality Commission. ”

Criminal Justice and Court Services Act 2000 (c. 43)E+W

74(1)Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provision about the Inspectorate) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 3(2)—

(a)omit paragraph (c), and

(b)for paragraph (d) substitute—

(d)the Care Quality Commission;.

(4)In paragraph 4—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

Courts Act 2003 (c. 39)E+W

75(1)Schedule 3A to the Courts Act 2003 (further provision about the Inspectors of Court Administration) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 4—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

Public Audit (Wales) Act 2004 (c. 23)E+W

76In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for paragraph (c) substitute—E+W

(c)the Care Quality Commission,.

77In section 64 of the Public Audit (Wales) Act 2004 (provision of information by CHAI)—E+W

(a)in subsection (1), for “The Commission for Healthcare Audit and Inspection” substitute “ The Care Quality Commission ”,

(b)in subsection (2), for the words from “section 136” to the end substitute “ section 76 of the Health and Social Care Act 2008 (disclosure of confidential personal information: offence). ”, and

(c)for subsection (3) substitute—

(3)In this section—

  • English NHS body” has the meaning given by subsection (1) of section 97 of that Act; and

  • cross-border SHA” means a cross-border Special Health Authority as defined by that subsection.

Children Act 2004 (c. 31)E+W

78In section 20 of the Children Act 2004 (joint area reviews), in subsection (4), for paragraph (d) substitute—E+W

(d)the Care Quality Commission;.

Health Act 2006 (c. 28)E+W

79In section 61 of the Health Act 2006 (Commission to exercise Welsh Ministers' appointment functions), omit “the Commission for Healthcare Audit and Inspection or”.E+W

80In Schedule 5 to the Health Act 2006 (list of statutory bodies referred to in section 58(3))—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ The Care Quality Commission. ”

Education and Inspections Act 2006 (c. 40)E+W

81(1)Paragraph 1 of Schedule 13 to the Education and Inspections Act 2006 (interaction with other authorities) is amended as follows.E+W

(2)In sub-paragraph (2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission, and.

(3)In sub-paragraph (3)(f), for “(2)(f) to (h)” substitute “ (2)(g) and (h) ”.

National Health Service Act 2006 (c. 41)E+W

82In section 9 of the National Health Service Act 2006 (NHS contracts), in subsection (4), for paragraph (k) substitute—E+W

(k)the Care Quality Commission,.

83In section 35 of the National Health Service Act 2006 (authorisation of NHS foundation trusts), in subsection (3)(a), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.E+W

84In section 56 of the National Health Service Act 2006 (mergers), in subsection (6)(a), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.E+W

85In section 71 of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2)(f), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.E+W

86In Schedule 10 to the National Health Service Act 2006 (audit of accounts of NHS foundation trusts), in paragraph 8(1)(e), for the words from “the Commission” to the end substitute “the Care Quality Commission”.E+W

National Health Service (Wales) Act 2006 (c. 42)E+W

87In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts), in subsection (4), for paragraph (k) substitute—E+W

(k)the Care Quality Commission,.

88In section 30 of the National Health Service (Wales) Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2)—E+W

(a)at the end of paragraph (c) insert “ and ”, and

(b)omit paragraph (d) (together with the word “and” at the end of it).

NHS Redress Act 2006 (c. 44)E+W

89In section 5 of the NHS Redress Act 2006 (duty to consider potential application of scheme), in subsection (2), for paragraph (b) substitute—E+W

(b)the Care Quality Commission.

90In section 13 of the NHS Redress Act 2006 (duties of co-operation), in subsection (1), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.E+W

Safeguarding Vulnerable Groups Act 2006 (c. 47)E+W

91In section 45 of the Safeguarding Vulnerable Groups Act 2006 (supervisory authorities: duty to refer), in subsection (7)—E+W

(a)for paragraph (c) substitute—

(c)the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008;,

(b)omit paragraph (d), and

(c)in paragraph (e), for “that Act” substitute “ the Health and Social Care (Community Health and Standards) Act 2003 ”.

92(1)Paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to children) is amended as follows.E+W

(2)In sub-paragraph (10)—

(a)for paragraph (e) substitute—

(e)the Care Quality Commission;, and

(b)omit paragraph (f).

(3)In sub-paragraph (11), omit paragraph (a).

(4)After sub-paragraph (13) insert—

(13A)The exercise of a function of the Care Quality Commission so far as the function relates to the inspection of anything which—

(a)is listed in section 60(1) of the Health and Social Care Act 2008, and

(b)involves the provision of any form of treatment or therapy for children,

is a regulated activity relating to children.

(5)In sub-paragraph (14), for “or (11)” substitute “ , (11) or (13A) ”.

93(1)Paragraph 7 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to vulnerable adults) is amended as follows.E+W

(2)In sub-paragraph (6), omit paragraphs (a) and (b).

(3)After sub-paragraph (8) insert—

(8A)The exercise of a function of the Care Quality Commission so far as the function relates to the inspection of anything which—

(a)is listed in section 60(1) of the Health and Social Care Act 2008, and

(b)involves the provision of social services, care, treatment or therapy for vulnerable adults,

is a regulated activity relating to vulnerable adults.

Local Government and Public Involvement in Health Act 2007 (c. 28)E+W

94In section 227 of the Local Government and Public Involvement in Health Act 2007 (local involvement networks: annual reports), in subsection (4), after paragraph (c) insert—E+W

(ca)the Care Quality Commission;.

Section 98

SCHEDULE 6E+W+S+N.I.The Office of the Health Professions Adjudicator

InterpretationE+W+S+N.I.

1In this Schedule “the relevant Northern Ireland department” means the Department of Health, Social Services and Public Safety in Northern Ireland.E+W+S+N.I.

StatusE+W+S+N.I.

2(1)The OHPA is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W+S+N.I.

(2)The OHPA's property is not to be regarded as property of, or property held on behalf of, the Crown.

General powersE+W+S+N.I.

3(1)The OHPA may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.E+W+S+N.I.

(2)This includes, in particular, the power to—

(a)acquire and dispose of land and other property, and

(b)enter into contracts.

MembershipE+W+S+N.I.

4The OHPA is to consist of the following members—E+W+S+N.I.

(a)a chair appointed by the Privy Council,

(b)non-executive members appointed by the Privy Council, and

(c)executive members appointed in accordance with paragraph 8.

5No person may be appointed as a member unless the person satisfies such requirements as may be prescribed in regulations made by the Privy Council.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 6 para. 5 partly in force; Sch. 6 para. 5 in force for specified purposes at Royal Assent, see s. 170

6A person may be appointed as the chair only if the person (as well as satisfying any requirements prescribed under paragraph 5)—E+W+S+N.I.

(a)has a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),

(b)is an advocate or solicitor in Scotland of at least 10 years' standing, or

(c)is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least 10 years' standing.

7(1)The Privy Council must by regulations make provision about the number of non-executive and executive members.E+W+S+N.I.

(2)The regulations must provide for there to be—

(a)at least one but no more than three non-executive members, and

(b)at least one but no more than three executive members.

(3)The regulations may not provide for the number of executive members to be greater than the number of non-executive members.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 6 para. 7 partly in force; Sch. 6 para. 7 in force for specified purposes at Royal Assent, see s. 170

8(1)The first executive members are to be appointed by the Privy Council.E+W+S+N.I.

(2)Subsequent appointments of executive members are to be made by the OHPA.

(3)The executive members must be employees of the OHPA.

(4)Sub-paragraph (3) is to be taken to be complied with in relation to the first executive members appointed under sub-paragraph (1) if they are employed by the OHPA as soon as practicable after being appointed.

9Each of the members mentioned in paragraph 4(a) to (c)—E+W+S+N.I.

(a)holds and vacates office in accordance with the terms of the member's appointment, and

(b)may be removed from office by the Privy Council on the grounds of incapacity or misbehaviour.

10(1)Subject to sub-paragraph (2), the terms of a member's appointment are to be determined by the person making the appointment.E+W+S+N.I.

(2)The terms of appointment of an executive member appointed by the OHPA are to be determined by the Privy Council in so far as the terms relate to tenure of office or suspension from office.

ProcedureE+W+S+N.I.

11The OHPA may regulate its own procedure.E+W+S+N.I.

12The validity of proceedings of the OHPA is not affected—E+W+S+N.I.

(a)by any vacancy in its membership,

(b)by any defect in the appointment of a member, or

(c)by any person—

(i)acting as a member even though ineligible for appointment when purportedly appointed, or

(ii)acting as a member after having ceased to be a member.

Members' interestsE+W+S+N.I.

13(1)The OHPA must establish and maintain a system for the declaration and registration of private interests of its members.E+W+S+N.I.

(2)The OHPA must publish entries recorded in the register of members' interests.

Remuneration and allowancesE+W+S+N.I.

14(1)The OHPA must pay to its chair, or to any other member, such remuneration and allowances as the Secretary of State may determine.E+W+S+N.I.

(2)If the Secretary of State so determines, the OHPA must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chair or any other member of the OHPA.

(3)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chair of the OHPA to receive compensation, the OHPA must—

(a)pay to that person, or

(b)make provision for the payment to that person of,

such compensation as the Secretary of State may determine.

Amendment of Superannuation Act 1972 (c. 11)E+W+S+N.I.

15In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate place in the list of “Other Bodies” insert the following entry— “ The Office of the Health Professions Adjudicator. ”E+W+S+N.I.

16The OHPA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to paragraph 15 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.E+W+S+N.I.

EmployeesE+W+S+N.I.

17(1)The OHPA may appoint such employees (in addition to the executive members) as it considers appropriate on such terms and conditions as it may determine.E+W+S+N.I.

(2)Without prejudice to its other powers, the OHPA may pay, or make provision for the payment of—

(a)pensions, allowances and gratuities, or

(b)compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

Payments and loans to the OHPAE+W+S+N.I.

18(1)The Secretary of State may make payments to the OHPA of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.E+W+S+N.I.

(2)The relevant Northern Ireland department may make payments to the OHPA of such amounts, at such times and on such conditions (if any) as it considers appropriate.

(3)The Secretary of State may make loans to the OHPA on such terms (including terms as to repayment and interest) as the Secretary of State may determine.

(4)The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (3).

(5)The relevant Northern Ireland department may make loans to the OHPA on such terms (including terms as to repayment and interest) as it may determine.

(6)The approval of the Department of Finance and Personnel in Northern Ireland is required as to the amount and terms of any loan under sub-paragraph (5).

(7)Except as provided by sub-paragraphs (3) and (5), the OHPA has no power to borrow money.

(8)The Secretary of State may give directions to the OHPA as to the application of any sums received by it under sub-paragraph (1) or (3).

(9)The relevant Northern Ireland department may give directions to the OHPA as to the application of any sums received by it under sub-paragraph (2) or (5).

(10)The OHPA must comply with any directions under sub-paragraph (8) or (9).

AccountsE+W+S+N.I.

19(1)The OHPA must keep accounts in such form as the Secretary of State may determine.E+W+S+N.I.

(2)The OHPA must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The OHPA must send copies of the annual accounts to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)Within that period the OHPA must also send copies of the annual accounts to the relevant Northern Ireland department.

(5)The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts, and of the report on them, before Parliament.

(6)A copy of the accounts must be laid before the Northern Ireland Assembly by the relevant Northern Ireland department.

(7)In this paragraph and paragraph 20, “financial year” means—

(a)the period beginning with the day on which the OHPA is established and ending with the next 31 March following that day, and

(b)each successive period of 12 months ending with 31 March.

ReportsE+W+S+N.I.

20(1)The OHPA must prepare a report on the exercise of its functions during each financial year.E+W+S+N.I.

(2)As soon as possible after the end of the financial year the OHPA must send copies of the report to—

(a)the Secretary of State, and

(b)the relevant Northern Ireland department.

(3)A copy of the report must be laid—

(a)before Parliament, by the Secretary of State, and

(b)before the Northern Ireland Assembly, by the relevant Northern Ireland department.

(4)The Privy Council may give directions to the OHPA as to the matters to be dealt with in the report.

Seal and evidenceE+W+S+N.I.

21The application of the seal of the OHPA must be authenticated by the signature—E+W+S+N.I.

(a)of any member of the OHPA, or

(b)of any other person who has been authorised by the OHPA (whether generally or specifically) for that purpose.

22A document—E+W+S+N.I.

(a)purporting to be duly executed under the seal of the OHPA, or

(b)purporting to be signed on behalf of the OHPA,

is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Meetings of the OHPA in Northern IrelandE+W+S+N.I.

23(1)Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c. 9) (which provide for public access to meetings of a district council, the publication of information concerning such meetings etc.) apply in relation to meetings of the OHPA in Northern Ireland as they apply in relation to meetings of a district council but subject to the following modifications.E+W+S+N.I.

(2)The modifications are that—

(a)any reference to a district council is to be read as a reference to the OHPA, and

(b)any reference to councillors or members of the council is to be read as a reference to members of the OHPA.

Section 99

SCHEDULE 7E+W+S+N.I.Adjudication functions under Medical Act 1983 and Opticians Act 1989

Part 1 E+W+S+N.I.Amendments of Medical Act 1983

1In this Part of this Schedule “the 1983 Act” means the Medical Act 1983 (c. 54).E+W+S+N.I.

2(1)Section 1 of the 1983 Act (the General Medical Council) is amended as follows.E+W+S+N.I.

(2)In subsection (3) omit paragraphs (b) and (f).

(3)In subsection (3A) for “(a) to (f)” substitute “ (a), (c), (d) and (e) ”.

3In section 29C of the 1983 Act (referral to the Investigation Committee), in subsection (2)(b), for “a Fitness to Practise Panel, by such a Panel” substitute “ the Adjudicator, by the Adjudicator ”.E+W+S+N.I.

4After section 35 of the 1983 Act insert—E+W+S+N.I.

35ZAFitness to practise findings: guidance

(1)The General Council may publish guidance about factors which they consider to indicate that—

(a)a person (“D”) whose fitness to practise is found to be impaired should or should not have—

(i)D's name erased from the register;

(ii)D's registration suspended;

(iii)D's registration suspended forthwith in accordance with section 38;

(iv)D's registration made conditional;

(v)D's registration made conditional forthwith in accordance with section 38;

(b)a person whose fitness to practise is found not to be impaired should or should not be given a warning regarding the person's future conduct or performance;

(c)a person whose name has been erased from the register should or should not have the person's name restored to the register.

(2)The General Council may also publish guidance about factors which they consider to indicate—

(a)that requirements of a particular type should be imposed as conditions in the case of a person whose registration is to be made conditional;

(b)the period of time for which a person's registration should be suspended or made conditional.

(3)The Adjudicator must take account of guidance published under subsection (1) or (2) in exercising its functions under sections 35D, 38 and 41 and under paragraph 5A(3E) of Schedule 4.

5In section 35B of the 1983 Act (notification and disclosure by the General Council), in subsection (4)—E+W+S+N.I.

(a)in paragraphs (a), (b) and (c) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”,

(b)in paragraph (d) for “an Interim Orders Panel or a Fitness to Practise Panel” substitute “ the Adjudicator ”,

(c)after paragraph (d) insert—

(da)decisions of the Adjudicator to make a direction under paragraph 5A(3E) of Schedule 4 to this Act and decisions of the Adjudicator under section 35D below that relate to such a direction;, and

(d)in paragraph (e) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

6(1)Section 35C of the 1983 Act (functions of the Investigation Committee) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(e) after “social care profession” insert “ , or by the Adjudicator, ”.

(3)In subsection (4) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(4)In subsection (5) for “a Fitness to Practise Panel” (in both places) substitute “ the Adjudicator ”.

(5)In subsections (6) and (7) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(6)In subsection (8)—

(a)for “an Interim Orders Panel or a Fitness to Practise Panel should” substitute “ the Adjudicator should ”, and

(b)in paragraph (b) for “an Interim Orders Panel or a Fitness to Practise Panel for the Panel” substitute “ the Adjudicator for the Adjudicator ”.

7(1)Section 35D of the 1983 Act (functions of a Fitness to Practise Panel) is amended as follows.E+W+S+N.I.

(2)In the heading for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(3)In subsection (1)—

(a)after “section 35C above” insert “ (other than under subsection (8) of that section) ”, and

(b)for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(4)In subsection (2)—

(a)for “Panel find” substitute “ Adjudicator finds ”,

(b)for “they may, if they think” substitute “ the Adjudicator may, if it thinks ”, and

(c)in paragraph (c) for “Panel think” substitute “ Adjudicator thinks ”.

(5)In subsection (3)—

(a)for “Panel find” substitute “ Adjudicator finds ”, and

(b)for “they” substitute “ the Adjudicator ”.

(6)In subsection (4)—

(a)for “a Fitness to Practise Panel have” substitute “ the Adjudicator has ”, and

(b)in paragraph (c) for “rules made by virtue of paragraph 5A(3)” substitute “ paragraph 5A(3E) ”.

(7)In subsection (5)—

(a)for “a Fitness to Practise Panel may, if they think” substitute “ the Adjudicator may, if it thinks ”,

(b)in paragraph (c) for “Panel think” substitute “ Adjudicator thinks ”, and

(c)for “Panel shall” substitute “ Adjudicator shall ”.

(8)In subsection (6) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(9)In subsection (7)—

(a)for “a Fitness to Practise Panel have” substitute “ the Adjudicator has ”,

(b)for “a Fitness to Practise Panel shall” substitute “ the Adjudicator shall ”, and

(c)in paragraph (a) for “them” substitute “ the Adjudicator ”.

(10)In subsection (8)—

(a)for “Panel” (where first occurring) substitute “ Adjudicator ”, and

(b)in paragraph (c) for “Panel think” substitute “ Adjudicator thinks ”.

(11)In subsection (9)—

(a)in paragraph (a)(iii) for “rules made by virtue of paragraph 5A(3)” substitute “ paragraph 5A(3E) ”, and

(b)in paragraph (b) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(12)In subsection (10) for “Panel may, if they think” substitute “ Adjudicator may, if it thinks ”.

(13)In subsection (11)(b) for “rules made by virtue of paragraph 5A(3)” substitute “ paragraph 5A(3E) ”.

(14)In subsection (12)—

(a)for “a Fitness to Practise Panel may, if they think” substitute “ the Adjudicator may, if it thinks ”, and

(b)for “Panel shall” substitute “ Adjudicator shall ”.

8(1)Section 35E of the 1983 Act (provisions supplementary to section 35D) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “a Fitness to Practise Panel” substitute “ the Adjudicator ”,

(b)in paragraphs (a), (b) and (c) for “give” substitute “ gives ”, and

(c)in paragraph (d) for “vary” substitute “ varies ”.

(3)In subsection (4) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

9(1)Section 38 of the 1983 Act (power to order immediate suspension etc after a finding of impairment of fitness to practise) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2)—

(a)for “rules made by virtue of paragraph 5A(3)” substitute “ paragraph 5A(3E) ”, and

(b)for “Fitness to Practise Panel” substitute “ Adjudicator ”.

(3)In subsection (3)—

(a)in paragraph (a)—

(i)in sub-paragraph (i) after “10” insert “ or 10A ”, and

(ii)omit sub-paragraph (ii), and

(b)in paragraph (b) for “paragraph 5A(4) of that Schedule” substitute “ paragraph 5A(5) of Schedule 4 to this Act ”.

(4)In subsection (4) for “a Fitness to Practise Panel make” substitute “ the Adjudicator makes ”.

10(1)Section 40 of the 1983 Act (appeals) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(a) and (b) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(3)In subsection (7)—

(a)for “a Fitness to Practise Panel” (where first occurring) substitute “ the Adjudicator ”,

(b)in paragraph (c) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”, and

(c)in paragraph (d) for “Registrar for him to refer it to a Fitness to Practise Panel” substitute “ Adjudicator ”.

(4)In subsection (9) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

11After section 40 of the 1983 Act insert—E+W+S+N.I.

40AReference of cases by General Council to court

(1)This section applies to—

(a)a decision of the Adjudicator under section 35D giving—

(i)a direction for suspension, including a direction extending a period of suspension;

(ii)a direction for conditional registration, including a direction extending a period of conditional registration;

(iii)a direction varying any of the conditions imposed by a direction for conditional registration; and

(b)a decision of the Adjudicator under paragraph 5A(3E) of Schedule 4 giving—

(i)a direction for suspension;

(ii)a direction for conditional registration.

(2)This section also applies to—

(a)a decision of the Adjudicator under section 35D not to give a direction falling within subsection (1)(a) or a direction for erasure (whether because of a finding that the person's fitness to practise is not impaired or otherwise);

(b)a decision of the Adjudicator under section 35D—

(i)giving a direction that a suspension be terminated;

(ii)revoking a direction for conditional registration or a condition imposed by such a direction;

(c)a decision of the Adjudicator under section 41 giving a direction that a person's name be restored to the register; and

(d)a decision of the Adjudicator under paragraph 5A(3E) of Schedule 4 not to give a direction falling within subsection (1)(b).

(3)The decisions to which this section applies are referred to below as “relevant decisions”.

(4)If the General Council consider that—

(a)a relevant decision falling within subsection (1) is unduly lenient, whether because the findings relating to fitness to practise are inadequate, or because the direction given does not adequately reflect the findings that have been made, or both; or

(b)a relevant decision falling within subsection (2) should not have been made,

and that it would be desirable for the protection of members of the public for the General Council to take action under this section, the General Council may refer the case to the relevant court.

(5)In the case of a relevant decision falling within subsection (1), the General Council may not refer a case after the end of the period of 40 days beginning with the day which is the last day on which the person to whom the relevant decision relates can appeal against it.

(6)In the case of a relevant decision falling within subsection (2), the General Council may not refer a case after the end of the period of 40 days beginning with the day on which the General Council receives notice of the relevant decision in accordance with rules made by the Adjudicator under section 105(4)(a)(ii) of the Health and Social Care Act 2008.

(7)If the General Council do refer a case—

(a)the case is to be treated by the court to which it has been referred as an appeal by the General Council against the relevant decision; and

(b)the Adjudicator is to be a respondent.

(8)The court may—

(a)dismiss the appeal;

(b)allow the appeal and quash the relevant decision;

(c)substitute for the relevant decision any other decision which could have been made by the Adjudicator; or

(d)remit the case to the Adjudicator to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(9)If the General Council do refer a case, the Registrar must without delay serve on the person to whom the relevant decision relates notification of the reference of the case to the court.

(10)In subsection (4) “relevant court” has the meaning given by section 40(5).

12(1)Section 41 of the 1983 Act (restoration of names to the register) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “a Fitness to Practise Panel may, if they think” substitute “ the Adjudicator may, if it thinks ”.

(3)In subsections (2) and (3) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(4)In subsection (6)—

(a)for “a Fitness to Practise Panel” substitute “ the Adjudicator ”,

(b)for “they direct” substitute “ the Adjudicator directs ”,

(c)for “they shall” substitute “ the Adjudicator shall ”, and

(d)for “them” substitute “ it ”.

(5)In subsection (7)—

(a)for “A Fitness to Practise Panel” substitute “ The Adjudicator ”,

(b)omit “in accordance with regulations made by the General Council under this subsection,”, and

(c)for the words from “they direct” to the end substitute “ the Adjudicator directs that the practitioner's licence to practise be restored. ”.

(6)Omit subsection (8).

(7)In subsection (9) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(8)In subsection (10) for “a Fitness to Practise Panel give” substitute “ the Adjudicator gives ”.

(9)In subsection (11) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”.

13(1)Section 41A of the 1983 Act (interim orders) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “an Interim Orders Panel or a Fitness to Practise Panel are” substitute “ the Adjudicator is ”,

(b)for “Panel may” substitute “ Adjudicator may ”, and

(c)in paragraph (b) for “Panel think” substitute “ Adjudicator thinks ”.

(3)In subsection (2)—

(a)for “an Interim Orders Panel or a Fitness to Practise Panel have” substitute “ the Adjudicator has ”, and

(b)for “an Interim Orders Panel or a Fitness to Practise Panel—” substitute “ the Adjudicator— ”.

(4)In subsection (3) for “an Interim Orders Panel or a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(5)In subsection (4)—

(a)for “any Panel” substitute “ the Adjudicator ”,

(b)for “before the Panel” substitute “ before the Adjudicator ”, and

(c)omit the words from “; and for the purposes” to the end.

(6)In subsection (6) for “an Interim Orders Panel or a Fitness to Practise Panel” substitute “ the Adjudicator ”.

(7)In subsection (9) for “an Interim Orders Panel or a Fitness to Practise Panel” (in both places) substitute “ the Adjudicator ”.

14In section 41C of the 1983 Act (effect of directions or orders on a licence to practise), in subsection (1), for “rules made by virtue of paragraph 5A(3)” substitute “ paragraph 5A(3E) ”.E+W+S+N.I.

15In section 43 of the 1983 Act (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels), and in the heading, for “, Interim Orders Panels and Fitness to Practise Panels” substitute “ and the Adjudicator ”.E+W+S+N.I.

16In section 44 of the 1983 Act (effect of disqualification in another relevant European State on registration in the United Kingdom), in subsection (5)—E+W+S+N.I.

(a)in paragraph (a)—

(i)for “a Fitness to Practise Panel may direct that his” substitute “ the Adjudicator may, if the matter is referred to it by the Registrar, direct that the person's ”,

(ii)for “Panel think” substitute “ Adjudicator thinks ”, and

(iii)for “Panel's” substitute “ Adjudicator's ”, and

(b)in paragraph (b) for “1, 2, 8, 9, 10, 12 and 13” substitute “ 8, 9, 10 and 12 ”.

17In section 47 of the 1983 Act (appointments not to be held except by fully registered medical practitioners who hold licences to practise), in subsection (4)—E+W+S+N.I.

(a)in paragraph (a)—

(i)for “a Fitness to Practise Panel” substitute “ the Adjudicator ”, and

(ii)in sub-paragraph (ii) for “rules made by virtue of paragraph 5A(3)” substitute “ paragraph 5A(3E) ”,

(b)in paragraph (b) for “a Fitness to Practise Panel” substitute “ the Adjudicator ”, and

(c)in paragraph (c) for “an Interim Orders Panel or a Fitness to Practise Panel” substitute “ the Adjudicator ”.

18In section 53 of the 1983 Act (proof of certain instruments), omit subsection (2)(c).E+W+S+N.I.

19In section 55 of the 1983 Act (interpretation), in subsection (1), after the definition of “additional qualification” insert—E+W+S+N.I.

the Adjudicator” means the Office of the Health Professions Adjudicator;.

20(1)Part 3 of Schedule 1 to the 1983 Act (committees of the General Medical Council) is amended as follows.E+W+S+N.I.

(2)Omit paragraph 19A and the heading before it.

(3)Omit paragraph 19E and the heading before it.

(4)In paragraph 23—

(a)for “paragraphs 19A, 19C and 19E” substitute “ paragraph 19C ”,

(b)in paragraph (a) for “an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel” substitute “ a Registration Appeals Panel ”,

(c)omit paragraph (b), and

(d)in paragraph (c) for “an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel” substitute “ a Registration Appeals Panel ”.

(5)In paragraphs 23B and 24 for “19A, 19B, 19C, 19D or 19E” substitute “ 19B, 19C or 19D ”.

21In Schedule 3A to the 1983 Act (registration appeals), in paragraph 4(7), for “a Fitness to Practise Panel” substitute “ the Investigation Committee (where, in the case of paragraph 7, the Committee is considering giving a warning to a person) ”.E+W+S+N.I.

22In Schedule 3B to the 1983 Act (licence to practise and revalidation: appeals), in paragraph 3(4), for “a Fitness to Practise Panel” substitute “ the Investigation Committee (where, in the case of paragraph 7, the Committee is considering giving a warning to a person) ”.E+W+S+N.I.

23(1)Schedule 4 to the 1983 Act (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels) is amended as follows.E+W+S+N.I.

(2)In the heading for “, INTERIM ORDERS PANELS AND FITNESS TO PRACTISE PANELS” substitute “ AND THE ADJUDICATOR ”.

(3)In the heading before paragraph 1 omit “, Interim Orders Panels and Fitness to Practise Panels”.

(4)In paragraph 1—

(a)in sub-paragraph (1)—

(i)omit “, Interim Orders Panels and Fitness to Practise Panels”,

(ii)in paragraph (a) omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(iii)in paragraph (b) omit “or such a Panel”, and

(b)omit sub-paragraphs (3) and (4).

(5)In paragraph 2—

(a)in sub-paragraph (1)—

(i)omit paragraphs (b) and (c), and

(ii)omit “or Panel”,

(b)in sub-paragraph (2) omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(c)in sub-paragraph (3)—

(i)omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(ii)omit “or Panel” (in both places).

(6)In paragraph 3—

(a)in paragraph (a)—

(i)omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(ii)omit “, a Panel”,

(b)in paragraph (b)—

(i)omit “to a Fitness to Practise Panel or”, and

(ii)omit “the Panel or”, and

(c)for “Committee, Panel or Council” (wherever occurring) substitute “ Committee or Council ”.

(7)For paragraph 3A substitute—

3A(1)Where, in the course of any proceedings before the Adjudicator, the Adjudicator forms the opinion (on reasonable grounds) that there is a matter which ought to be investigated by the Investigation Committee—

(a)the Adjudicator may notify the Registrar of that matter; and

(b)on being so notified, the Registrar shall refer the matter to the Investigation Committee and the Investigation Committee shall investigate the matter.

(2)Nothing in sub-paragraph (1) prevents the Adjudicator from considering the matter itself, whether or not it has reached a decision in the proceedings.

(8)In paragraph 5A—

(a)in sub-paragraph (1)(a) omit paragraph (ii),

(b)after sub-paragraph (1) insert—

(1A)If the Adjudicator considers (on reasonable grounds) that it would be of assistance to it, in dealing with any proceedings before it, for there to be an assessment of the standard of professional performance of the person to whom the proceedings relate—

(a)the Adjudicator may request the Registrar to arrange for an assessment to be carried out; and

(b)on receipt of the request, the Registrar shall arrange for such an assessment to be carried out.,

(c)in sub-paragraph (2)—

(i)for “by virtue of this paragraph” substitute “ by virtue of sub-paragraph (1) or (1A) ”, and

(ii)after “in accordance with rules” insert “ made by the General Council ”,

(d)omit sub-paragraphs (3) and (3A),

(e)after sub-paragraph (3A) insert—

(3B)If the Registrar is of the opinion that a person who is the subject of an assessment of the standard of the person's professional performance—

(a)has failed to submit to the assessment, or

(b)having submitted to the assessment, has failed to comply with reasonable requirements imposed by the Assessment Team,

the Registrar may refer the matter to the Adjudicator.

(3C)If the Investigation Committee are of the opinion that a person who is the subject of an assessment of the standard of the person's professional performance—

(a)has failed to submit to the assessment, or

(b)having submitted to the assessment, has failed to comply with reasonable requirements imposed by the Assessment Team,

the Investigation Committee may direct the Registrar to refer the matter to the Adjudicator and, on receipt of the direction, the Registrar shall make such a reference.

(3D)The Registrar shall without delay serve on the person who is the subject of the assessment notification of the making of a reference to the Adjudicator under sub-paragraph (3B) or (3C).

(3E)Where a matter is referred to the Adjudicator under sub-paragraph (3B) or (3C), the Adjudicator may, if it thinks fit—

(a)direct that the person's registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding 12 months as may be specified in the direction; or

(b)direct that the person's registration shall be conditional on the person's compliance, during such period not exceeding 3 years as may be specified in the direction, with such requirements so specified as the Adjudicator thinks fit to impose for the protection of members of the public or in the person's interests.

(3F)Where, under sub-paragraph (3E), the Adjudicator gives a direction for suspension or a direction for conditional registration the Registrar shall without delay serve on the person concerned notification of the direction and of the person's right to appeal against it under sub-paragraph (5).

(3G)While a person's registration in the register is suspended by virtue of a direction under sub-paragraph (3E)—

(a)the person is to be treated as not being registered in the register notwithstanding that the person's name still appears in it, but

(b)sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.,

(f)in sub-paragraph (5)—

(i)for “a Fitness to Practise Panel” (where first occurring) substitute “ the Adjudicator ”,

(ii)for “by virtue of sub-paragraph (3) above” substitute “ under sub-paragraph (3E) ”,

(iii)in paragraph (b) for “Panel” substitute “ Adjudicator ”, and

(iv)in paragraph (c) for “the Registrar for him to refer it to a Fitness to Practise Panel” substitute “ the Adjudicator ”, and

(g)after sub-paragraph (5) insert—

(5A)Subject to paragraph 9 below, an appeal under sub-paragraph (5) must be brought before the end of the period of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (3F).

(9)In paragraph 5B, in sub-paragraph (1), for “rules made under paragraph 5A above” substitute “ sub-paragraph (1) or (1A) of paragraph 5A ”.

(10)In paragraph 7—

(a)in sub-paragraph (1)—

(i)omit paragraphs (b) and (c),

(ii)for “them” substitute “ the Committee ”, and

(iii)for “the Panel” substitute “ the Committee ”, and

(b)in sub-paragraph (4)—

(i)omit “, an Interim Orders Panel or a Fitness to Practise Panel”,

(ii)in paragraph (a) omit “or a Panel”,

(iii)in paragraph (a)(ii) omit “or the Panel”, and

(iv)in paragraph (b) omit “or the Panel”.

(11)In paragraph 8, in sub-paragraph (1)—

(a)after “39(2),” insert “ 40A(9), ”, and

(b)after “this Act” insert “ or paragraph 5A(3D) or (3F) above ”.

(12)In paragraph 9—

(a)in paragraph (a) after “this Act” insert “ or paragraph 5A(3F) above ”, and

(b)after “section 40 of this Act” insert “ or (as the case may be) paragraph 5A(5) above ”.

(13)In paragraph 10, in sub-paragraph (1), for “a Fitness to Practise Panel” (in both places) substitute “ the Adjudicator ”.

(14)After paragraph 10 insert—

10A(1)A direction for suspension or for conditional registration given by the Adjudicator under paragraph 5A(3E) above shall take effect—

(a)where no appeal under paragraph 5A(5) above is brought against the direction within the time specified in paragraph 5A(5A) above, on the expiration of that time;

(b)where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c)where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2)Where the time for appealing against a direction is extended by an authorisation under paragraph 9 above—

(a)sub-paragraph (1) shall apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5A(5A) above were a reference to that time as so extended; and

(b)if the authorisation is given after the expiration of the time specified in paragraph 5A(5A) above, the direction shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly.

(15)In paragraph 11, in sub-paragraphs (1) and (3)—

(a)after “section 35D(2) of this Act” insert “ or paragraph 5A(3E) above ”, and

(b)for “that section” substitute “ section 35D ”.

(16)In paragraph 12 for “rules made by virtue of paragraph 5A(3) of this Schedule” substitute “ paragraph 5A(3E) above ”.

(17)In paragraph 13 omit “, an Interim Orders Panel or Fitness to Practise Panel”.

Part 2 E+W+S+N.I.Amendments of Opticians Act 1989

24In this Part of this Schedule “the 1989 Act” means the Opticians Act 1989 (c. 44).E+W+S+N.I.

25In section 3 of the 1989 Act (the Companies Committee), in subsection (1), for “, the Registration Appeals Committee or the Fitness to Practise Committee” substitute “ or the Registration Appeals Committee ”.E+W+S+N.I.

26In section 4 of the 1989 Act (the Investigation Committee), in subsection (2), for “Fitness to Practise Committee” substitute “ Adjudicator ”.E+W+S+N.I.

27In section 5A of the 1989 Act (the Registration Appeals Committee), in subsection (1), for the words from “any decision of the registrar” to the end substitute “ any decision which is an appealable registration decision for the purposes of Schedule 1A ”.E+W+S+N.I.

28Omit section 5C of the 1989 Act (the Fitness to Practise Committee).E+W+S+N.I.

29In section 5D of the 1989 Act (the Hearings Panel), in subsection (1), omit “the Fitness to Practise Committee and”.E+W+S+N.I.

30After section 13A of the 1989 Act insert—E+W+S+N.I.

13AAFitness to practise findings: guidance

(1)The Council may publish guidance about factors which they consider to indicate that—

(a)a registrant (“R”) whose fitness to practise, fitness to carry on business or (as the case may be) fitness to undertake training is found to be impaired should or should not have—

(i)R's name erased from the appropriate register;

(ii)R's registration suspended;

(iii)R's registration suspended forthwith in accordance with section 13I;

(iv)R's registration made conditional;

(v)R's registration made conditional forthwith in accordance with section 13I;

(vi)a financial penalty order made against R;

(b)a registrant (“R”) whose fitness to practise is found to be impaired on the ground of deficient professional performance should or should not have—

(i)an entry relating to a speciality or proficiency to the performance of which the deficiency relates removed from the appropriate register;

(ii)the entry relating to that speciality or proficiency removed from the appropriate register temporarily;

(iii)the entry relating to that speciality or proficiency removed forthwith in accordance with section 13I;

(iv)the entry relating to that speciality or proficiency made conditional;

(v)the entry relating to that speciality or proficiency made conditional forthwith in accordance with section 13I;

(c)a registrant whose fitness to practise, fitness to carry on business or (as the case may be) fitness to undertake training is found not to be impaired should or should not be given a warning regarding the registrant's future conduct or performance;

(d)a person the entry of whose name in a register is found to have been fraudulently procured or incorrectly made should or should not have the person's name removed;

(e)a person in respect of whom an entry relating to a speciality or proficiency is found to have been fraudulently procured or incorrectly made in a register should or should not have the entry removed;

(f)a person whose name has been erased from a register should or should not have the person's name restored to the appropriate register;

(g)a person who has had an entry relating to a speciality or proficiency removed from a register should or should not have the entry restored to the appropriate register.

(2)The Council may also publish guidance about factors which they consider to indicate—

(a)that requirements of a particular type should be imposed as conditions in the case of a registrant whose registration is to be made conditional or a registrant in respect of whom an entry relating to a speciality or proficiency is to be made conditional;

(b)the period of time for which a registrant's registration should be suspended or made conditional or an entry relating to a speciality or proficiency of a registrant should be removed from the appropriate register or made conditional.

(3)The Adjudicator must take account of guidance published under subsection (1) or (2) in exercising its functions under sections 13F, 13H, 13I, 13J and 13K.

31(1)Section 13D of the 1989 Act (allegations) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(g) after “social care profession” insert “ , or by the Adjudicator, ”.

(3)In subsection (3)(g) after “social care profession” insert “ , or by the Adjudicator, ”.

(4)In subsection (5) for “Fitness to Practise Committee” substitute “ Adjudicator ”.

(5)In subsection (6) for “Fitness to Practise Committee” (in both places) substitute “ Adjudicator ”.

(6)In subsections (7) and (8) for “Fitness to Practise Committee” substitute “ Adjudicator ”.

(7)In subsection (9)—

(a)for “Fitness to Practise Committee” (where first occurring) substitute “ Adjudicator ”, and

(b)in paragraph (b) for “Fitness to Practise Committee for the Committee” substitute “ Adjudicator for the Adjudicator ”.

32(1)Section 13F of the 1989 Act (powers of the Fitness to Practise Committee) is amended as follows.E+W+S+N.I.

(2)In the heading for “Fitness to Practise Committee” substitute “ Adjudicator ”.

(3)In subsection (1) for “Fitness to Practise Committee” substitute “ Adjudicator ”.

(4)In subsection (2)—

(a)for “Fitness to Practise Committee find” substitute “ Adjudicator finds ”, and

(b)for “they may if they think” substitute “ the Adjudicator may if it thinks ”.

(5)In subsection (3)(c)—

(a)for “Committee see” substitute “ Adjudicator sees ”, and

(b)for “his or its interests” substitute “ the registrant's interests ”.

(6)In subsection (4)—

(a)for “Fitness to Practise Committee find” substitute “ Adjudicator finds ”,

(b)for “Committee may” substitute “ Adjudicator may ”, and

(c)in paragraph (c)—

(i)for “Committee see” substitute “ Adjudicator sees ”, and

(ii)for “his interests” substitute “ the registrant's interests ”.

(7)In subsection (5)—

(a)for “Fitness to Practise Committee find” substitute “ Adjudicator finds ”, and

(b)for “they” substitute “ the Adjudicator ”.

(8)In subsection (6) for “Fitness to Practise Committee have” substitute “ Adjudicator has ”.

(9)In subsection (7)—

(a)for “Fitness to Practise Committee may, if they think” substitute “ Adjudicator may (whether or not of its own motion), if it thinks ”,

(b)in paragraph (c)—

(i)for “Committee think” substitute “ Adjudicator thinks ”, and

(ii)for “his or its interests” substitute “ the registrant's interests ”, and

(c)for “Committee shall” substitute “ Adjudicator shall ”.

(10)In subsection (8)—

(a)in paragraph (a) for “Fitness to Practise Committee find” substitute “ Adjudicator finds ”, and

(b)for “they” substitute “ the Adjudicator ”.

(11)In subsection (10)—

(a)for “Fitness to Practise Committee have” substitute “ Adjudicator has ”,

(b)for “Fitness to Practise Committee must” substitute “ Adjudicator must ”, and

(c)in paragraph (a) for “them” substitute “ the Adjudicator ”.

(12)In subsection (11)—

(a)for “Fitness to Practise Committee” substitute “ Adjudicator ”, and

(b)in paragraph (c)—

(i)for “Committee see” substitute “ Adjudicator sees ”, and

(ii)for “his or its interests” substitute “ the registrant's interests ”.

(13)In subsection (13)—

(a)for the words from “Fitness to Practise Committee” to “they think” substitute “ Adjudicator may (whether or not of its own motion), if it thinks ”, and

(b)for “Committee must” substitute “ Adjudicator must ”.

33(1)Section 13G of the 1989 Act (provisions supplementary to section 13F) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “Fitness to Practise Committee” substitute “ Adjudicator ”,

(b)in paragraph (a) for “give” substitute “ gives ”, and

(c)in paragraph (b) for “vary” substitute “ varies ”.

(3)In subsection (6) for “Fitness to Practise Committee” substitute “ Adjudicator ”.

34In section 13H of the 1989 Act (financial penalty order), in subsection (1)—E+W+S+N.I.

(a)for “Fitness to Practise Committee have” substitute “ Adjudicator has ”, and

(b)for “they” substitute “ the Adjudicator ”.

35(1)Section 13I of the 1989 Act (power to order immediate suspension etc after a finding of impairment of fitness to practise) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2) for “Fitness to Practise Committee” substitute “ Adjudicator ”.

(3)In subsection (4) for “Fitness to Practise Committee make” substitute “ Adjudicator makes ”.

36(1)Section 13J of the 1989 Act (removal from a register on grounds of fraud or error) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “Fitness to Practise Committee” substitute “ Adjudicator ”, and

(b)for “Committee may, if they think” substitute “ Adjudicator may, if it thinks ”.

(3)In subsection (2) for “Fitness to Practise Committee direct” substitute “ Adjudicator directs ”.

37(1)Section 13K of the 1989 Act (restoration of names to a register) is amended as follows.E+W+S+N.I.

(2)In subsections (2) and (3) for “Registration Appeals Committee” substitute “ Adjudicator ”.

(3)In subsection (6)—

(a)for “Registration Appeals Committee may, if they think” substitute “ Adjudicator may, if it thinks ”,

(b)for “direct the registrar to restore” substitute “ direct that ”, and

(c)after “proficiency,” insert “ be restored ”.

(4)In subsection (7)—

(a)for “Registration Appeals Committee” substitute “ Adjudicator ”,

(b)for “they consider” substitute “ the Adjudicator considers ”,

(c)for “they must” substitute “ the Adjudicator must ”, and

(d)for “them” substitute “ it ”.

(5)In subsection (8) for “Registration Appeals Committee” substitute “ Adjudicator ”.

(6)In subsection (9) for “Registration Appeals Committee give” substitute “ Adjudicator gives ”.

(7)In subsection (10) for “Registration Appeals Committee” substitute “ Adjudicator ”.

38(1)Section 13L of the 1989 Act (interim orders) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “Fitness to Practise Committee are” substitute “ Adjudicator is ”, and

(b)for “the Committee” substitute “ the Adjudicator ”.

(3)In subsection (2)(b) for “Committee think” substitute “ Adjudicator thinks ”.

(4)In subsection (3)—

(a)for “Fitness to Practise Committee make” substitute “ Adjudicator makes ”, and

(b)for “the Committee” substitute “ the Adjudicator ”.

(5)In subsections (4) and (6) for “Fitness to Practise Committee” substitute “ Adjudicator ”.

(6)In subsection (9) for “Fitness to Practise Committee” (in both places) substitute “ Adjudicator ”.

(7)In subsection (11)—

(a)for “Fitness to Practise Committee” substitute “ Adjudicator ”,

(b)for “the Committee” substitute “ the Adjudicator ”, and

(c)omit “and rules made under section 23C below”.

39After section 23A of the 1989 Act insert—E+W+S+N.I.

23AAReferences to Investigation Committee

(1)Where, in the course of any proceedings before the Adjudicator, the Adjudicator forms the opinion (on reasonable grounds) that there is a matter which ought to be investigated by the Investigation Committee—

(a)the Adjudicator may notify the registrar of that matter; and

(b)on being so notified, the registrar shall refer the matter to the Investigation Committee and the Investigation Committee shall investigate the matter.

(2)Nothing in subsection (1) prevents the Adjudicator from considering the matter itself, whether or not it has reached a decision in the proceedings.

40(1)Section 23B of the 1989 Act (procedure of Fitness to Practise Committee and Registration Appeals Committee) is amended as follows.E+W+S+N.I.

(2)In the heading omit “Fitness to Practise Committee and”.

(3)Omit subsection (1)(a) and the word “or” following it.

41(1)Section 23C of the 1989 Act (powers of the Council to make rules) is amended as follows.E+W+S+N.I.

(2)Omit subsection (1)(a)(i) and the word “and” following it.

(3)Omit subsection (2)(e) and (f).

42After section 23C of the 1989 Act insert—E+W+S+N.I.

23CAAssessments

(1)If the Adjudicator considers (on reasonable grounds) that it would be of assistance to it, in dealing with any proceedings before it, for there to be an assessment of—

(a)the standard and quality of the work done or being done by the person to whom the proceedings relate (“P”); or

(b)the health, or specific aspects of the health, of P,

the Adjudicator may request the registrar to arrange for an assessor to be appointed to report on the standard and quality of P's work or (as the case may be) on P's health or specific aspects of P's health.

(2)On receipt of a request under subsection (1), the registrar shall arrange for one or more assessors to be appointed in accordance with rules made by the Council.

(3)The Council may make rules about the carrying out of the assessment and the making of the report.

(4)If P fails to submit to, or co-operate with, the assessment the Adjudicator may draw such inferences from P's failure as it considers appropriate.

(5)This section does not apply if the person to whom the proceedings relate is a body corporate.

43In section 23D of the 1989 Act (legal advisers) omit subsection (2)(a) and the word “and” following it.E+W+S+N.I.

44In section 23E of the 1989 Act (other advisers), in subsections (3) and (4), omit “the Fitness to Practise Committee and”.E+W+S+N.I.

45(1)Section 23G of the 1989 Act (appeals from the Registration Appeals Committee and the Fitness to Practise Committee) is amended as follows.E+W+S+N.I.

(2)In the heading for “Fitness to Practise Committee” substitute “ Adjudicator ”.

(3)In subsection (1)—

(a)in paragraphs (a) and (b) for “Fitness to Practise Committee” substitute “ Adjudicator ”, and

(b)in paragraph (d) for “Registration Appeals Committee” substitute “ Adjudicator ”.

(4)In subsection (6)—

(a)for “Fitness to Practise Committee” (where first occurring) substitute “ Adjudicator ”,

(b)in paragraph (b) for “direction or variation or order” substitute “ direction, variation, order or (as the case may be) determination ”,

(c)in paragraph (c) for “Fitness to Practise Committee” substitute “ Adjudicator ”, and

(d)in paragraph (d) for “registrar for him to refer it to the Fitness to Practise Committee” substitute “ Adjudicator ”.

46After section 23H of the 1989 Act insert—E+W+S+N.I.

23IReference of cases by Council to court

(1)This section applies to—

(a)a decision of the Adjudicator under section 13F giving—

(i)a direction for suspension, including a direction extending a period of suspension;

(ii)a direction for temporary removal of an entry relating to a speciality or proficiency, including a direction extending a period of temporary removal;

(iii)a direction for conditional registration, including a direction extending a period of conditional registration;

(iv)a direction for conditional inclusion of an entry relating to a speciality or proficiency, including a direction extending a period of conditional inclusion;

(v)a direction varying any of the conditions imposed by a direction for conditional registration;

(vi)a direction varying any of the conditions imposed by a direction for conditional inclusion; and

(b)a decision of the Adjudicator under section 13H to impose a financial penalty order.

(2)This section also applies to—

(a)a decision of the Adjudicator under section 13F not to give—

(i)a direction falling within subsection (1)(a);

(ii)a direction for erasure;

(iii)a direction for removal (other than temporarily) of an entry relating to a speciality or proficiency;

(iv)a direction for indefinite suspension,

(whether because of a finding that the registrant's fitness to practise, fitness to carry on business or (as the case may be) fitness to undertake training is not impaired or otherwise);

(b)a decision of the Adjudicator under section 13F—

(i)giving a direction that a suspension be terminated;

(ii)giving a direction that a temporary removal of an entry relating to a speciality or proficiency be terminated;

(iii)revoking a direction for conditional registration or a condition imposed by such a direction;

(iv)revoking a direction for conditional inclusion or a condition imposed by such a direction;

(c)a decision of the Adjudicator under section 13H not to impose a financial penalty order;

(d)a decision of the Adjudicator under section 13J not to give a direction that a person's name or an entry relating to a speciality or proficiency be removed; and

(e)a decision of the Adjudicator under section 13K giving a direction that a person's name or an entry relating to a speciality or proficiency be restored to the appropriate register.

(3)The decisions to which this section applies are referred to below as “relevant decisions”.

(4)If the Council consider that—

(a)a relevant decision falling within subsection (1) is unduly lenient, whether because the findings relating to fitness to practise, fitness to carry on business or (as the case may be) fitness to carry on training are inadequate, or because the direction given or financial penalty order imposed does not adequately reflect the findings that have been made, or both; or

(b)a relevant decision falling within subsection (2) should not have been made,

and that it would be desirable for the protection of members of the public for the Council to take action under this section, the Council may refer the case to the relevant court.

(5)In the case of a relevant decision falling within subsection (1), the Council may not refer a case after the end of the period of 40 days beginning with the day which is the last day on which the person to whom the relevant decision relates can appeal against it.

(6)In the case of a relevant decision falling within subsection (2), the Council may not refer a case after the end of the period of 40 days beginning with the day on which the Council receives notice of the relevant decision in accordance with rules made by the Adjudicator under section 105(4)(a)(ii) of the Health and Social Care Act 2008.

(7)If the Council do refer a case—

(a)the case is to be treated by the court to which it has been referred as an appeal by the Council against the relevant decision; and

(b)the Adjudicator is to be a respondent.

(8)The court may—

(a)dismiss the appeal;

(b)allow the appeal and quash the relevant decision;

(c)substitute for the relevant decision any other decision which could have been made by the Adjudicator; or

(d)remit the case to the Adjudicator to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(9)If the Council do refer a case, the registrar must without delay serve on the person to whom the relevant decision relates notification of the reference of the case to the court.

(10)In subsection (4) “relevant court” has the same meaning as in section 23G(4)(a) except that where the reference is of a relevant decision falling within subsection (2)(d) or (e) “relevant court” has the same meaning as in section 23G(4)(b) and (c).

47In section 29 of the 1989 Act (provision as to death or bankruptcy of registered optician), in subsection (3), for “Fitness to Practise Committee may, if they think” substitute “ Adjudicator may, on the matter being referred to it by the registrar, if it thinks ”.E+W+S+N.I.

48In section 33 of the 1989 Act (default powers of Privy Council), in subsection (3)(b), after “23C,” insert “ 23CA, ”.E+W+S+N.I.

49In section 34 of the 1989 Act (subordinate legislation procedure), in subsection (2), after “23C” insert “ or 23CA ”.E+W+S+N.I.

50In section 36 of the 1989 Act (interpretation), in subsection (1), before the definition of “approved training establishment” insert—E+W+S+N.I.

the Adjudicator” means the Office of the Health Professions Adjudicator;.

51In Schedule 1 to the 1989 Act (constitution etc of General Optical Council), in paragraph 12, for “, the Registration Appeals Committee and the Fitness to Practise Committee” substitute “ and the Registration Appeals Committee ”.E+W+S+N.I.

Section 111

SCHEDULE 8E+W+S+N.I.Extension of powers under s. 60 of Health Act 1999

1(1)Section 60 of the 1999 Act (regulation of health care and associated professions) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after paragraph (e) insert—

(f)modifying the constitution, functions, powers or duties of the Office of the Health Professions Adjudicator.

(3)In subsection (2)—

(a)in paragraph (a), omit “the Pharmacy Act 1954,”,

(b)after that paragraph insert—

(aa)the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007 and the Pharmacy (Northern Ireland) Order 1976,, and

(c)after paragraph (c) insert—

(ca)the profession regulated by so much of the Hearing Aid Council Act 1968 as relates to dispensers of hearing aids,.

(4)After subsection (2) insert—

(2A)Her Majesty may also by Order in Council make provision relating to, or connected with, the functions of the relevant regulatory body in relation to—

(a)the registration of premises under Part 4 of the Medicines Act 1968 (pharmacies),

(b)the regulation of the use of premises for the purposes of a retail pharmacy business, within the meaning of the Medicines Act 1968,

(c)compliance with the provisions of that Act,

(d)compliance with the provisions of the Poisons Act 1972 or the Poisons (Northern Ireland) Order 1976 by persons admitted to practice and persons carrying on a retail pharmacy business, and

(e)the grant of authorisations under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance).

(2B)In subsection (2A) “the relevant regulatory body” means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).

2In section 62 of the 1999 Act (regulations and orders), in subsection (10), after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.E+W+S+N.I.

3Schedule 3 to the 1999 Act (which relates to the power in section 60 of the Act) is amended as follows.E+W+S+N.I.

4In paragraph 5 (exercise of power so as to confer and modify functions), in paragraph (a), after “the Scottish Ministers” insert “ , a Northern Ireland department ”.E+W+S+N.I.

5(1)Paragraph 7 (matters outside the scope of the Orders) is amended as follows.E+W+S+N.I.

(2)For sub-paragraph (1) substitute—

(1)An Order may not abolish—

(a)the regulatory body of any profession to which section 60(2)(a) applies,

(b)the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland,

(c)the Health Professions Council,

(d)the Nursing and Midwifery Council, or

(e)any other regulatory body established by an Order.

(1A)Sub-paragraph (1)(b) does not prevent an Order in Council from establishing a new regulatory body for the professions mentioned in section 60(2)(aa) and transferring to it any of the functions of the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland.

(3)Omit sub-paragraph (2) (which prevents an Order in Council under section 60 of the 1999 Act from imposing a requirement which would have the effect that a majority of the members of the regulatory body of a profession would be persons not included in the register of members admitted to practice).

(4)Omit sub-paragraph (3) (which prevents an Order in Council under section 60 of the 1999 Act from providing for a function conferred on the Privy Council, in relation to any profession to which subsection (2)(a) of that section applies, to be exercised by a different person).

6(1)Paragraph 8 (other matters outside the scope of the Orders) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2) omit paragraph (d).

(3)After that sub-paragraph insert—

(2A)Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers or the Office of the Health Professions Adjudicator to exercise that function.

(2B)In sub-paragraphs (1) and (2A) references to a regulatory body do not include references to any of the following—

(a)the Royal Pharmaceutical Society of Great Britain,

(b)the Pharmaceutical Society of Northern Ireland, and

(c)the Hearing Aid Council.

7(1)Paragraph 9 (preliminary procedure for making Orders) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1)(b)—

(a)for “the profession”, where it first occurs, substitute “ any profession ”, and

(b)for “by the profession” substitute “ by any profession to be regulated ”.

(3)After sub-paragraph (1) insert—

(1A)In the case of a draft Order which amends or repeals—

(a)an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or

(b)any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,

but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.

(4)In sub-paragraph (3) after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.

8In paragraph 10 (interpretation of the Schedule)—E+W+S+N.I.

(a)before the definition of “Order” insert—

dental practitioner” means a person registered in the dentists register under the Dentists Act 1984,

enactment” means an enactment contained in, or in an instrument made under—

(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,

functions” includes powers and duties,

medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,, and

(b)omit the words from “and other expressions” to the end.

9In paragraph 11 (which contains further interpretative provisions), in sub-paragraph (2)—E+W+S+N.I.

(a)in paragraph (c), for “Part 1 of the 1977 Act” substitute “ Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 ”, and

(b)in paragraph (d), for “Part 1 of the 1977 Act” substitute “ Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006 ”.

10Omit paragraph 12 (which confers limited powers in relation to the profession regulated by the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))).E+W+S+N.I.

Section 124

SCHEDULE 9E+WRegulation of social care workers

InterpretationE+W

1In this Schedule—E+W

  • functions” includes powers and duties;

  • regulations” means regulations under section 124;

  • the appropriate Council” means—

    (a)

    in relation to regulations made by the Secretary of State, the General Social Care Council, and

    (b)

    in relation to regulations made by the Welsh Ministers, the Care Council for Wales.

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Commencement Information

I12Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Matters generally within the scope of regulationsE+W

2Regulations may make provision for the following matters (among others)—E+W

(a)the functions of the appropriate Council;

(b)the keeping of registers of social care workers of any description;

(c)education and training;

(d)privileges of registered persons;

(e)standards of conduct and performance (including standards of conduct and performance of social care workers carrying out the functions of an approved mental health professional within the meaning of section 114 of the Mental Health Act 1983 (c. 20));

(f)discipline;

(g)removal or suspension from registration or the imposition of conditions on registration;

(h)investigation and enforcement by or on behalf of the appropriate Council;

(i)appeals;

(j)codes of practice or guidance for persons employing or seeking to employ social care workers.

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Commencement Information

I13Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Manner of exercise of powerE+W

3The power to make regulations may be exercised by amending or repealing any provision (other than section 55) of the Care Standards Act 2000 (c. 14) and any other enactment and any other instrument or document.E+W

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Commencement Information

I14Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

4The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.E+W

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Commencement Information

I15Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

5The power may be exercised so as to make provision—E+W

(a)for the charging of fees, and

(b)for the making of payments by the appropriate Council.

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Commencement Information

I16Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

6The power may be exercised so as to—E+W

(a)confer functions (including power to pay grants) on Ministers of the Crown or, in the case of regulations made by the Welsh Ministers, on the Welsh Ministers, or

(b)modify their functions.

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Commencement Information

I17Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

7The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.E+W

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Commencement Information

I18Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Matters outside the scope of regulationsE+W

8(1)Regulations may not abolish the General Social Care Council or the Care Council for Wales.E+W

(2)Where the Care Standards Act 2000 provides for any function mentioned in sub-paragraph (3) to be exercised by either of those Councils or any of its committees or officers, regulations may not provide for any person other than that Council or any of its committees or officers to exercise that function.

(3)Those functions are—

(a)keeping the register of social care workers of any description,

(b)determining standards of education and training required as a condition of registration,

(c)giving advice about standards of conduct and performance, and

(d)administering procedures (including making rules) relating to misconduct, removal from registration and similar matters.

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Commencement Information

I19Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Preliminary procedure for making regulations: EnglandE+W

9(1)If the Secretary of State proposes to lay a draft of regulations before Parliament, the Secretary of State must first—E+W

(a)publish a draft of the regulations, and

(b)invite representations to be made to the Secretary of State about the draft by—

(i)persons appearing to the Secretary of State appropriate to represent social care workers affected by the regulations,

(ii)persons appearing to the Secretary of State appropriate to represent those provided with services by such social care workers, and

(iii)any other persons appearing to the Secretary of State appropriate to consult about the draft.

(2)After the end of the period of 3 months beginning with the publication of the draft, the Secretary of State may lay the draft as published, or that draft with any modifications the Secretary of State considers appropriate, together with a report about the consultation, before Parliament.

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Commencement Information

I20Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Preliminary procedure for making regulations: WalesE+W

10(1)If the Welsh Ministers propose to lay a draft of regulations before the National Assembly for Wales, the Welsh Ministers must first—E+W

(a)publish a draft of the regulations, and

(b)invite representations to be made to the Welsh Ministers about the draft by—

(i)persons appearing to the Welsh Ministers appropriate to represent social care workers affected by the regulations,

(ii)persons appearing to the Welsh Ministers appropriate to represent those provided with services by such social care workers, and

(iii)any other persons appearing to the Welsh Ministers appropriate to consult about the draft.

(2)After the end of the period of 3 months beginning with the publication of the draft, the Welsh Ministers may lay the draft as published, or that draft with any modifications they consider appropriate, together with a report about the consultation, before the National Assembly for Wales.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Section 127

SCHEDULE 10E+W+S+N.I.Further amendments relating to Part 2

Provision consequential on section 113(1)E+W+S+N.I.

1(1)Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence.E+W+S+N.I.

(2)Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.

Public Records Act 1958 (c. 51)E+W+S+N.I.

2In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—E+W+S+N.I.

(a)for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W+S+N.I.

3In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—E+W+S+N.I.

(a)in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—

(bca)the Council for Healthcare Regulatory Excellence;

(bcb)the Office of the Health Professions Adjudicator;, and

(b)in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—

(ca)the Council for Healthcare Regulatory Excellence;

(cb)the Office of the Health Professions Adjudicator;.

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

4In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

5In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Race Relations Act 1976 (c. 74)E+W+S+N.I.

6In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty)—E+W+S+N.I.

(a)in Part 2, at the appropriate place under the heading “Health” insert— “ The Office of the Health Professions Adjudicator. ”, and

(b)in Part 3, for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”.

Dentists Act 1984 (c. 24)E+W+S+N.I.

7In section 27 of the Dentists Act 1984 (allegations against registered dentists), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.E+W+S+N.I.

8In section 36A of the Dentists Act 1984 (professions complementary to dentistry), in subsection (1)(b), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

9In section 36N of the Dentists Act 1984 (allegations against registered dental care professionals), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.E+W+S+N.I.

Health Act 1999 (c. 8)E+W+S+N.I.

10In section 60 of the 1999 Act (regulation of health care and associated professions), in subsection (1)(c), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

11In section 62 of the 1999 Act (regulations and orders), for subsection (4) substitute—E+W+S+N.I.

(4)Any power under this Act to make Orders in Council or orders—

(a)may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b)may be exercised so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition, and

(c)may, in particular, be exercised so as to make different provision for different areas.

(4A)Any such power includes power—

(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and

(b)to provide for a person to exercise a discretion in dealing with any matter.

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Commencement Information

I22Sch. 10 para. 11 partly in force; Sch. 10 para. 11 in force for specified purposes at Royal Assent, see s. 170

12In Schedule 3 to the 1999 Act (regulation of health care and associated professions), in paragraph 7(4), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

13In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Nursing and Midwifery Order 2001 (S.I. 2002/253)E+W+S+N.I.

14In article 22 of the Nursing and Midwifery Order 2001 (allegations), in paragraph (1)(a)(v), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.E+W+S+N.I.

Health Professions Order 2001 (S.I. 2002/254)E+W+S+N.I.

15In article 22 of the Health Professions Order 2001 (allegations), in paragraph (1)(a)(v), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.E+W+S+N.I.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)E+W+S+N.I.

16For the title to section 25 of the 2002 Act, and for the heading immediately preceding the section, substitute “The Council for Healthcare Regulatory Excellence”.E+W+S+N.I.

17(1)Section 25 of the 2002 Act is amended as follows.E+W+S+N.I.

(2)In subsection (3), for paragraphs (h) and (i) substitute—

(ga)the Nursing and Midwifery Council,

(gb)the Health Professions Council, and.

(3)In that subsection, for paragraph (j) substitute—

(j)any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.

(4)In subsection (6), omit “and (3)”.

18In section 26 of the 2002 Act (powers and duties of the Council: general), in subsection (3)(a), after “officer of the body,” insert “ or before the Office of the Health Professions Adjudicator, ”.E+W+S+N.I.

19For the title to Schedule 7 to the 2002 Act substitute “The Council for Healthcare Regulatory Excellence”.E+W+S+N.I.

Health Act 2006 (c. 28)E+W+S+N.I.

20In section 58 of the Health Act 2006 (which enables the Secretary of State to arrange for appointment functions of the Secretary of State to be exercised by the Appointments Commission), in subsection (3), for the words from “chairmen” to the end substitute—E+W+S+N.I.

(a)chairmen and non-executive members of any of the statutory bodies listed in Schedule 5, and

(b)non-executive members of the Council for Healthcare Regulatory Excellence.

21In section 60 of the Health Act 2006 (which enables the Privy Council to arrange for its functions relating to the appointment of regulatory bodies to be exercised by the Appointments Commission), after subsection (2) insert—E+W+S+N.I.

(3)The Commission is to exercise so much of any function of the Privy Council relating to the appointment of—

(a)the chair of the Council for Healthcare Regulatory Excellence, or

(b)members of the Office of the Health Professions Adjudicator,

as may be specified in a direction given by the Privy Council.

22In section 63 of the Health Act 2006 (Appointments Commission to assist other bodies with appointments), after subsection (6) insert—E+W+S+N.I.

(6A)The Commission may enter into arrangements under subsection (6B) with the Office of the Health Professions Adjudicator.

(6B)Arrangements under this subsection are arrangements providing for the Commission to assist the Office of the Health Professions Adjudicator in connection with the exercise of its powers relating to—

(a)the appointment of executive members of the Office of the Health Professions Adjudicator, or

(b)the appointment of persons to lists under section 101 of the Health and Social Care Act 2008 (lists of persons eligible for membership of the OHPA's fitness to practise panels).

23In Schedule 5 to the Health Act 2006 (Appointments Commission: list of statutory bodies), omit the entry relating to the Council for the Regulation of Health Care Professionals.E+W+S+N.I.

National Health Service Act 2006 (c. 41)E+W+S+N.I.

24In section 201 of the National Health Service Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

National Health Service (Wales) Act 2006 (c. 42)E+W+S+N.I.

25In section 149 of the National Health Service (Wales) Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.E+W+S+N.I.

National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)E+W+S+N.I.

26In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—E+W+S+N.I.

(a)for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

(b)at the appropriate place insert— “ Office of the Health Professions Adjudicator; ”.

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)E+W+S+N.I.

27In article 48 of the Pharmacists and Pharmacy Technicians Order 2007 (impairment of fitness to practise), in paragraph (1)(k), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.E+W+S+N.I.

Section 130

SCHEDULE 11E+WPublic health protection: further amendments

IntroductoryE+W

1In this Schedule “the 1984 Act” means the Public Health (Control of Disease) Act 1984 (c. 22).E+W

Local Government, Planning and Land Act 1980 (c. 65)E+W

2In section 159 of the Local Government, Planning and Land Act 1980 (public health etc.), in subsection (1), omit paragraph (e) and the word “and” immediately preceding it.E+W

Public Health (Control of Disease) Act 1984E+W

3(1)Section 1 (authorities administering Act) of the 1984 Act is amended as follows.E+W

(2)For subsection (1) substitute—

(1)In this Act “local authority” means any of the following—

(a)a district council;

(b)in England, a county council for an area for which there is no district council;

(c)in Wales, a county council or county borough council;

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;

(g)the Council of the Isles of Scilly.

(3)Omit subsections (2) and (4).

4(1)Section 5 of the 1984 Act (financial provisions as to port health authorities) is amended as follows.E+W

(2)In subsection (2), for the words from “shall” onwards substitute “ shall be defrayed by the constituent districts in such proportions and in such manner as may be determined by or in accordance with the order. ”

(3)In subsection (3), omit “or rating districts”.

5In section 7 of the 1984 Act (port health district and authority for Port of London), in subsection (4), omit paragraphs (c) and (d).E+W

6Omit section 9 of the 1984 Act (vessels in inland or coastal waters).E+W

7In section 48 of the 1984 Act (removal of body to mortuary or for immediate burial), in subsection (1), for the words from “in any building” to “neighbouring building” substitute “ in any place would endanger the health of any person ”.E+W

8In section 49 of the 1984 Act (regulations as to canal boats), in subsection (1)—E+W

(a)at the end of paragraph (a) insert “ and ”,

(b)omit paragraph (c) and the word “and” immediately preceding it.

9In section 50 of the 1984 Act (power to enter and inspect canal boats), in subsection (2)—E+W

(a)omit paragraph (b) and the word “or” immediately preceding it, and

(b)omit “or any person on board suffering from an infectious disease”.

10In section 51 of the 1984 Act (duties of local authorities and port health authorities under Part 4)—E+W

(a)omit subsection (1), and

(b)in subsection (2) omit the words “the provisions of this Part of this Act and”.

11Omit section 52 of the 1984 Act (prosecution of offences under Part 4).E+W

12Omit sections 54 to 57 of the 1984 Act.E+W

13In section 58 of the 1984 Act (form of notices and other documents), in subsection (1) for “local authority” (in each place it occurs) substitute “ relevant health protection authority ”.E+W

14In section 59 of the 1984 Act (authentication of documents)—E+W

(a)for “local authority” (wherever it occurs) substitute “ relevant health protection authority ”, and

(b)in subsection (2) for “byelaws” substitute “ regulations ”.

15In section 60 of the 1984 Act (service of notices and other documents) for “made by this Act” substitute “ made by or under this Act ”.E+W

16After section 60 of the 1984 Act insert—E+W

60AElectronic communications

(1)The appropriate Minister may by regulations make provision enabling notices, orders and other documents specified in the regulations to be given or served by an electronic communication.

(2)Such provision must however secure that the notices, orders and other documents specified in the regulations may only be so given or served if—

(a)the person to whom they are to be given or on whom they are to be served has consented in writing to the receipt of notices, orders and other documents by an electronic communication, and

(b)the communication is sent to the number or address specified by that person when giving consent.

(3)The power to make regulations under this section is exercisable by statutory instrument.

(4)An instrument containing any such regulations is subject to annulment—

(a)in the case of regulations made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

(b)in the case of regulations made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

(5)Sections 58 to 60 are to be read subject to any provision made in regulations under this section.

(6)In this section—

  • electronic communication” has the same meaning as in the Electronic Communications Act 2000,

  • notices, orders and other documents” means notices, orders and other documents authorised or required by or under this Act to be given or served, and

  • the appropriate Minister” means—

    (a)

    the Secretary of State, in relation to England;

    (b)

    the Welsh Ministers, in relation to Wales.

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Commencement Information

I23Sch. 11 para. 16 partly in force; Sch. 11 para. 16 in force for specified purposes at Royal Assent, see s. 170

17(1)Section 61 of the 1984 Act (power to enter premises) is amended as follows.E+W

(2)In subsection (1)—

(a)for “authorised officer of a local authority” substitute “ proper officer of a relevant health protection authority ”,

(b)for paragraph (a) substitute—

(a)for the purposes of ascertaining whether there is, or has been, any contravention of a relevant provision of this Act, or of an order made by a justice of the peace under Part 2A of this Act, which it is the function of the relevant health protection authority to enforce,, and

(c)in each of paragraphs (b), (c) and (d)—

(i)for “or such byelaws” substitute “ or in relation to such an order ”, and

(ii)for “local authority” substitute “ relevant health protection authority ”.

(3)In subsection (2) omit “, other than a factory or workplace,”.

(4)After subsection (2) insert—

(2A)Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling (but this does not affect the power of a justice of the peace under subsection (3) to issue a warrant authorising entry to a private dwelling or to any part of premises used as a private dwelling).

(5)In subsection (3), for “the local authority by any authorised officer” substitute “ the relevant health protection authority by any proper officer ”.

18(1)Section 62 of the 1984 Act (supplementary provisions as to entry) is amended as follows.E+W

(2)In subsection (1)—

(a)for “An authorised officer” substitute “ A proper officer (“the officer”) ”, and

(b)after “other persons” insert “ and such equipment and materials ”.

(3)After subsection (1) insert—

(1A)The officer may for the purpose for which entry is authorised—

(a)search the premises,

(b)carry out measurements and tests of the premises or of anything found on them,

(c)take and retain samples of the premises or of anything found on them,

(d)inspect and take copies or extracts of any documents or records found on the premises,

(e)require information stored in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form, and

(f)seize and detain or remove anything which the officer reasonably believes to be evidence of any contravention relevant to the purpose for which entry is authorised.

(4)Omit subsection (3).

(5)For subsection (4) substitute—

(4)Nothing in section 61 or this section limits the provisions of Parts 2A and 4, and of regulations made under Part 2A, with respect to entry into or upon, and inspection of, any premises.

19For section 63 of the 1984 Act substitute—E+W

63Offence of wilful obstruction

(1)A person commits an offence if the person wilfully obstructs any person acting in the execution of a provision of Part 3 or 4 or this Part, or of any regulations, order or warrant made or issued under such a provision.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)in the case of an offence of wilfully obstructing a person in the execution of a provision of Part 4 or of any regulations made under a provision of that Part, to a fine not exceeding level 1 on the standard scale, and

(b)in any other case, to a fine not exceeding £20,000.

20After section 63 of the 1984 Act insert—E+W

63AOffences by bodies corporate

(1)If an offence created by or under this Act is committed by a body corporate and is proved—

(a)to have been committed with the consent or connivance of an officer, or

(b)to be attributable to any neglect on the part of an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(3)If the affairs of a body corporate are managed by its members, subsection (1) applies to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

63BUnincorporated associations

(1)Proceedings for an offence alleged to have been committed by an unincorporated association are to be brought in the name of the association (and not in that of any of the members).

(2)Rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.

(3)In proceedings for an offence brought against an unincorporated association, Schedule 3 to the Magistrates' Courts Act 1980 applies as it applies to a body corporate.

(4)A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

(5)If an offence committed by an unincorporated association is proved—

(a)to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b)to be attributable to any neglect on the part of such an officer or member,

the officer or member (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In this section, “offence” means an offence created by or under this Act.

21(1)Section 64 of the 1984 Act (restriction on right to prosecute) is amended as follows.E+W

(2)For subsection (1) substitute—

(1)Proceedings in respect of an offence created by a provision of, or regulations under, this Act may not be taken by any person other than—

(a)a relevant health protection authority,

(b)a body whose function it is to enforce the provision or regulation in question, or

(c)a person who made (or whose predecessors made) the regulation in question.

(3)Subsection (2) is omitted.

22After section 64 of the 1984 Act insert—E+W

64ATime limits for prosecutions

(1)Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980, a magistrates' court may try an information (or written charge) relating to an offence created by or under this Act if the information is laid (or the charge is issued)—

(a)before the end of the period of 3 years beginning with the date of the commission of the offence, and

(b)before the end of the period of 6 months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor's knowledge.

(2)For the purposes of subsection (1)(b)—

(a)a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact, and

(b)a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.

23(1)Section 67 of the 1984 Act (applications to, and appeals from, magistrates' courts) is amended as follows.E+W

(2)In subsection (1), after “this Act” insert “ or a provision contained in regulations made under this Act ”.

(3)Omit subsection (3).

24For section 69 of the 1984 Act substitute—E+W

69Protection from personal liability

(1)Nothing done by a relevant health protection authority or by one of its officers, and no contract entered into by such an authority, is to subject the authority or officer to any action, liability, claim or demand whatsoever if the thing is done, or the contract is entered into, bona fide for the purposes of executing a relevant provision of this Act.

(2)Any expense incurred by any such authority or officer acting bona fide as mentioned in subsection (1) is to be borne and repaid out of the fund applicable by the authority to its functions of executing the provision in question.

(3)Reference in this section to an officer of a relevant health protection authority also includes a member of that authority and any person acting under the direction of that authority.

25Omit section 70 of the 1984 Act (local inquiries).E+W

26For section 71 of the 1984 Act substitute—E+W

71Default powers

(1)Subsection (2) applies if the appropriate Minister is satisfied that a relevant health protection authority has failed to discharge its functions under a relevant provision of this Act in any case where it ought to have discharged them.

(2)The appropriate Minister may make an order—

(a)declaring the authority to be in default, and

(b)directing the authority to discharge such of its functions, and in such manner and within such time or times, as may be specified in the order.

(3)If the authority fails to comply with a requirement of the order within the specified time, the appropriate Minister may—

(a)enforce the order by mandatory order or otherwise, or

(b)make an order transferring such of the functions of the authority to the Minister or such other public authority as may be specified in the order.

(4)If functions are transferred by virtue of subsection (3)(b) to the Minister, the Minister may direct another public authority to discharge them on the Minister's behalf.

(5)An order under subsection (3)(b) may include provision about the funding of the functions, including provision requiring the relevant health protection authority to bear any costs associated with the discharge of those functions by or on behalf of the Minister or other public authority.

(6)The appropriate Minister may vary or revoke an order made by the Minister under subsection (3)(b), but without prejudice to anything previously done under it.

(7)If such an order is revoked, the appropriate Minister may, either by the revoking order or by a subsequent order, make provision with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred by or on behalf of the Minister or other public authority in discharging any functions to which the revoking order related.

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Commencement Information

I24Sch. 11 para. 26 partly in force; Sch. 11 para. 26 in force for specified purposes at Royal Assent, see s. 170

27In section 72 of the 1984 Act (cumulative effect of Act) for “by this Act” substitute “ by or under this Act ”.E+W

28In section 73 of the 1984 Act (Crown property) after subsection (4) insert—E+W

(5)In this section “premises” does not include any vessel—

(a)belonging to Her Majesty, or

(b)under the command or charge of an officer holding Her Majesty's commission.

29(1)Section 74 of the 1984 Act (interpretation) is amended as follows.E+W

(2)For the definition of “district” substitute—

district” means—

(a)in relation to a local authority in Greater London, a London borough, the City of London, the Inner Temple or the Middle Temple,

(b)in relation to a local authority in England for an area for which there is no district council, that area,

(c)in relation to a local authority in Wales, a county or county borough,

(d)in relation to the Council of the Isles of Scilly, those Isles;.

(3)In the definition of “local authority” for “section 1(2)” substitute “ section 1(1) ”.

(4)For the definition of “premises” substitute—

premises” includes any place and, in particular, includes—

(a)any vehicle, train, vessel or aircraft,

(b)any tent or movable structure, and

(c)any offshore installation (as defined in section 12(1) of the Mineral Workings (Offshore Installations) Act 1971);.

(5)In the definition of “relevant provision of this Act”, before “other” insert “ (including a provision in regulations made under this Act) ”.

(6)In the appropriate place, insert the following definitions—

  • public authority” has the meaning given in section 6(3) of the Human Rights Act 1998;,

relevant health protection authority” means—

(a)a local authority, port health authority or joint board with functions under a relevant provision of this Act, and

(b)if regulations under Part 2A confer functions on a public authority of any other description and state that the authority is to be regarded as a relevant health protection authority with respect to those functions, that authority;.

(7)The following definitions are omitted—

(a)“coastal waters”;

(b)“common lodging-house”;

(c)“dustbin”;

(d)“factory”;

(e)“hospital”;

(f)“house”;

(g)“inland waters”;

(h)“local Act”;

(i)“NHS trust” and “NHS contract”;

(j)“notifiable disease”;

(k)“rating district”;

(l)“school”;

(m)“street”.

30Omit section 76 of the 1984 Act (Isle of Man and Channel Islands).E+W

Planning and Compensation Act 1991 (c. 34)E+W

31In Part 1 of Schedule 18 to the Planning and Compensation Act 1991 (provisions that do not provide for interest) omit the entry for section 57 of the Public Health (Control of Disease) Act 1984.E+W

Section 140

SCHEDULE 12E+WFunding of expenditure in connection with provision of pharmaceutical services

Part 1 E+WEngland

1In this Part of this Schedule “the NHS Act” means the National Health Service Act 2006 (c. 41).E+W

2(1)Section 228 of the NHS Act (public funding of Primary Care Trusts) is amended as follows.E+W

(2)For subsection (1) substitute—

(1)The Secretary of State must pay in respect of each financial year to each Primary Care Trust sums not exceeding the amount allotted for that year by the Secretary of State to the Primary Care Trust towards meeting the expenditure of the Primary Care Trust which is attributable to the performance by it of its functions in that year.

(3)Omit subsection (2).

(4)In subsections (3) and (7)(b), for “(1)(b)” substitute “ (1) ”.

(5)Omit subsection (12).

3In section 229 of the NHS Act (financial duties of Primary Care Trusts), in subsection (1)—E+W

(a)omit “(not including its pharmaceutical services expenditure)”, and

(b)in paragraph (a), for “section 228(1)(b)” substitute “ section 228(1) ”.

4In section 230 of the NHS Act (resource limits for Primary Care Trusts) omit subsections (2) and (3).E+W

5(1)Schedule 14 to the NHS Act (further provision about expenditure of Primary Care Trusts) is amended as follows.E+W

(2)Omit paragraphs 1 and 2.

(3)After paragraph 3 insert—

3A(1)The Secretary of State may designate any element of the remuneration paid by Primary Care Trusts to persons providing pharmaceutical services or local pharmaceutical services which is not remuneration referable to the cost of drugs.

(2)If an element is so designated, the Secretary of State must for each financial year apportion among all Primary Care Trusts, in such manner as the Secretary of State considers appropriate, the total of the remuneration referable to that element which is paid by each Primary Care Trust in that year.

(3)A Primary Care Trust is accountable in any year for remuneration referable to that element to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (2).

(4)Where in any financial year any remuneration referable to that element for which a Primary Care Trust is accountable is paid by another Primary Care Trust, the remuneration must be treated (for the purposes of sections 228 and 229) as having been paid by the first Primary Care Trust in the performance of its functions.

(5)The Secretary of State may, in particular, exercise the discretion under sub-paragraph (2)—

(a)so that any apportionment relating to services associated with the provision of drugs reflects, in the case of each Primary Care Trust, the financial consequences of orders for the provision of drugs, being orders which in the opinion of the Secretary of State are attributable to the Primary Care Trust in question,

(b)by reference to averaged or estimated amounts.

(6)The Secretary of State may make provision for any remuneration referable to an element designated under sub-paragraph (1) which is paid by a Primary Care Trust other than the Primary Care Trust which is accountable for the payment to be reimbursed in such manner as the Secretary of State may determine.

(4)In paragraph 4(1)—

(a)for the definition of “designated” substitute—

designate” means designate in writing (and different designations may be made for different purposes),,

(b)omit the definition of “pharmaceutical services”, and

(c)in the definition of “remuneration referable to the cost of drugs”, omit the words “except in paragraph 1(2)(b) and”.

(5)After paragraph 4(3) insert—

(4)If the Secretary of State does not treat such remuneration, so far as it is so met by an NHS trust or NHS foundation trust, as remuneration referable to the cost of drugs, the Secretary of State may treat it as remuneration falling within paragraph 3A(1).

Part 2 E+WWales

6In this Part of this Schedule “the NHS (Wales) Act” means the National Health Service (Wales) Act 2006 (c. 42).E+W

7In section 174 of the NHS (Wales) Act (public funding of Local Health Boards) omit “and pharmaceutical” in—E+W

(a)subsection (1)(a),

(b)subsection (2)(a) and (b), and

(c)subsection (12).

8In section 175 of the NHS (Wales) Act (financial duties of Local Health Boards), in subsection (1) omit “and pharmaceutical”.E+W

9In section 176 of the NHS (Wales) Act (resource limits for Local Health Boards) omit “and pharmaceutical” in—E+W

(a)subsection (2), and

(b)subsection (3)(b).

10(1)Schedule 8 to the NHS (Wales) Act (further provision about expenditure of Local Health Boards) is amended as follows.E+W

(2)In paragraph 1(1)—

(a)omit “and pharmaceutical”, and

(b)in paragraph (a) for the words from “services under” to “pharmaceutical services)” substitute “ general ophthalmic services ”.

(3)In paragraph 1(2)—

(a)in paragraph (a) for “services as mentioned in sub-paragraph (1)(a)” substitute “ general ophthalmic services ”, and

(b)omit paragraphs (b) and (c).

(4)Accordingly, in the heading immediately preceding paragraph 1, omit “and pharmaceutical”.

(5)For paragraph 2 substitute—

2In section 174 “main expenditure”, in relation to a Local Health Board and the year in question, means—

(a)expenditure of the Local Health Board attributable to the reimbursement in that year of expenses of persons providing general ophthalmic services which are designated expenses incurred in connection with the provision of those services (or in giving instruction in matters relating to those services), and

(b)any other expenditure of the Local Health Board attributable to the performance of its functions in that year (other than general ophthalmic services expenditure).

(6)After paragraph 3 insert—

3A(1)The Welsh Ministers may designate any element of the remuneration paid by Local Health Boards to persons providing pharmaceutical services or local pharmaceutical services which is not remuneration referable to the cost of drugs.

(2)If an element is so designated, the Welsh Ministers must for each financial year apportion among all Local Health Boards, in such manner as the Welsh Ministers consider appropriate, the total of the remuneration referable to that element which is paid by each Local Health Board in that year.

(3)A Local Health Board is accountable in any year for remuneration referable to that element to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (2).

(4)Where in any financial year any remuneration referable to that element for which a Local Health Board is accountable is paid by another Local Health Board, the remuneration must be treated (for the purposes of sections 174 and 175) as having been paid by the first Local Health Board in the performance of its functions.

(5)The Welsh Ministers may, in particular, exercise their discretion under sub-paragraph (2)—

(a)so that any apportionment relating to services associated with the provision of drugs reflects, in the case of each Local Health Board, the financial consequences of orders for the provision of drugs, being orders which in the opinion of the Welsh Ministers are attributable to the Board in question,

(b)by reference to averaged or estimated amounts.

(6)The Welsh Ministers may make provision for any remuneration referable to an element designated under sub-paragraph (1) which is paid by a Local Health Board other than the Board which is accountable for the payment to be reimbursed in such manner as the Welsh Ministers may determine.

(7)In paragraph 4(1)—

(a)at the end of the definition of “designated” insert “ and “designate” must be read accordingly ”,

(b)omit the definition of “pharmaceutical services”, and

(c)in the definition of “remuneration referable to the cost of drugs”, omit the words “except in paragraph 1(2)(b) and”.

(8)After paragraph 4(3) insert—

(4)If the Welsh Ministers do not treat such remuneration, so far as it is so met by an NHS trust, as remuneration referable to the cost of drugs, they may treat it as remuneration falling within paragraph 3A(1).

Section 147(6)

SCHEDULE 13E+W+STransitional provisions relating to s. 147

Interpretation of ScheduleE+W+S

1In this Schedule “the 1948 Act” means the National Assistance Act 1948 (c. 29).E+W+S

Complaints, orders and payments under section 43 of the 1948 ActE+W+S

2(1)No complaint may be made under section 43 of the 1948 Act on or after the appointed day, not even—E+W+S

(a)in respect of assistance given, or applied for, before that day, or

(b)in respect of expenditure incurred by virtue of section 47 of that Act—

(i)before the appointed day, or

(ii)in connection with the maintenance of a person who is maintained in pursuance of an order under section 47 of that Act (order for removing, to suitable premises, person in need of care and attention) made before the appointed day.

(2)No order may be made under section 43(2) of the 1948 Act on or after the appointed day, not even on a complaint made before that day.

(3)No order made under section 43(2) of the 1948 Act—

(a)may be varied on or after the appointed day so as to—

(i)provide for any additional payment,

(ii)increase the amount of any payment, or

(iii)bring forward the time for making any payment;

(b)may be revived on or after the appointed day.

(4)Where an order has been made under section 43(2) of the 1948 Act, the only payments required to be made under the order on or after the appointed day are overdue pre-commencement payments.

(5)This Act does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of an order under section 43(2) of the 1948 Act so far as the order relates to overdue pre-commencement payments.

(6)In this paragraph—

  • the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(a);

  • overdue pre-commencement payment”, in relation to an order under section 43(2) of the 1948 Act, means a payment that under the order should have been (but was not) made before that day.

(7)Sub-paragraphs (3) to (5) apply in relation to a registered order as to an order made under section 43(2) of the 1948 Act in England and Wales, except that in relation to a registered order “overdue pre-commencement payment” means a payment that under the registered order should have been (but was not) made before 5 October 2007.

(8)In sub-paragraph (7) “registered order” means—

(a)an order made in Scotland under section 43(2) of the 1948 Act, and

(b)registered in England and Wales under Part 2 of the Maintenance Orders Act 1950 (c. 37) (enforcement in one part of the United Kingdom of orders made in another part).

Recovery of expenditure incurred under section 47(8) of the 1948 ActE+W+S

3(1)Sub-paragraphs (3) to (5) apply in relation to expenditure incurred under section 47(8) of the 1948 Act in connection with the maintenance of any particular person (“A”).E+W+S

(2)In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenditure's recovery under section 47(9) of the 1948 Act from a person other than A if the proceedings are brought against that other person (“B”) on account of B having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain A.

(3)No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).

(4)Sub-paragraph (3) applies (subject to sub-paragraph (5))—

(a)even to expenditure incurred before the appointed day, and

(b)even where A is maintained in pursuance of an order under section 47 of the 1948 Act made before the appointed day.

(5)Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from B, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.

(6)In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(b).

Recovery of expenses incurred under section 48 of the 1948 ActE+W+S

4(1)Sub-paragraphs (3) to (5) apply in relation to reasonable expenses incurred under section 48(1) and (2) of the 1948 Act in relation to a person (“C”) admitted, or removed, as mentioned in section 48(1) of that Act.E+W+S

(2)In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenses' recovery under section 48(3) of the 1948 Act from a person other than C if the proceedings are brought against that other person (“D”) on account of D having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain C.

(3)No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).

(4)Sub-paragraph (3) applies (subject to sub-paragraph (5))—

(a)even to expenses incurred before the appointed day, and

(b)even where C was admitted, or removed, before the appointed day.

(5)Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from D, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.

(6)In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(c).

Prosecutions under section 51 of the 1948 ActE+W+S

5(1)Sub-paragraph (2) applies in relation to an offence under section 51 of the 1948 Act (offence where accommodation is provided under Part 3 of that Act in consequence of persistent refusal or neglect to maintain a person), other than an offence in respect of accommodation being provided to a person in consequence of that person's persistent refusal or neglect to maintain himself.E+W+S

(2)Proceedings for the offence may be begun or continued on or after the appointed day, but only if the accommodation provided in consequence of the refusal or neglect (or alleged refusal or neglect) began to be provided before the appointed day.

(3)In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(d).

Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 ActE+W+S

6(1)Sub-paragraphs (2) and (3) apply where—E+W+S

(a)a person was by virtue of an enactment repealed by the 1948 Act under a liability (whether under an order of a court or otherwise) to maintain another person,

(b)on the repeal of that enactment by the 1948 Act, that liability was saved by the operation of section 38(2) of the Interpretation Act 1889 (c. 63), and

(c)paragraph 19(1) of Schedule 6 to the 1948 Act (which ended a saved liability to maintain a person where there was no liability to maintain that person for the purposes of the 1948 Act) did not have effect to end that liability.

(2)If that liability has not come to an end before the appointed day, it comes to an end as from the beginning of that day; but this is subject to sub-paragraph (3).

(3)Where that liability is brought to an end by this Act and an order of a court made before the appointed day requires the making of payments on account of that liability, this Act—

(a)does not end liability to make payments under the order that should have been (but were not) made before the appointed day, and

(b)does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of the order so far as it relates to payments required by it to be made before the appointed day.

(4)In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(e).

Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 ActE+W+S

7(1)Sub-paragraphs (2) and (3) apply where an order of court, or agreement, such as is mentioned in sub-paragraph (2) of paragraph 19 of Schedule 6 to the 1948 Act has effect at any time on or after 5 July 1948 by virtue of that sub-paragraph.E+W+S

(2)If the order or agreement has not ceased to have effect before the appointed day, it ceases to have effect as from the beginning of that day; but this is subject to sub-paragraph (3).

(3)Where the order or agreement ceases to have effect as a result of the operation of this Act, this Act—

(a)does not end liability to make payments under the order or agreement that should have been (but were not) made before the appointed day, and

(b)does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of the order or agreement so far as it relates to payments required by virtue of the order or agreement to be made before the appointed day.

(4)In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(f).

Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984E+W+S

8(1)Sub-paragraphs (3) to (5) apply in relation to expenses incurred under subsection (1) or (2) of section 46 of the Public Health (Control of Disease) Act 1984 (c. 22) in relation to a person (“E”) whose body has been buried, or cremated, as mentioned in that subsection.E+W+S

(2)In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenses' recovery under section 46(5) of that Act from a person (“F”) on account of F having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain E.

(3)No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).

(4)Sub-paragraph (3) applies (subject to sub-paragraph (5))—

(a)even to expenses incurred before the appointed day, and

(b)even where E died before the appointed day.

(5)Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from F, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.

(6)In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(g).

Section 160

SCHEDULE 14E+WFurther amendments relating to Part 5

Children Act 1989 (c. 41)E+W

1In section 17A of the Children Act 1989 (direct payments), after subsection (3) (provisions of section 57 of the Health and Social Care Act 2001 apply with any necessary modifications) insert—E+W

(3A)The modifications mentioned in subsection (3) include, in particular, the omission of the provisions inserted into section 57 of the 2001 Act by the Health and Social Care Act 2008.

Parliamentary Commissioner Act 1967 (c. 13)E+W

2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert at the appropriate place— “ The National Information Governance Board for Health and Social Care. ”E+W

House of Commons Disqualification Act 1975 (c. 24)E+W

3In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place— “ The National Information Governance Board for Health and Social Care. ”E+W

Freedom of Information Act 2000 (c. 36)E+W

4In Schedule 1 to the Freedom of Information Act 2000 (public authorities) in Part 6 (other public bodies and offices) insert at the appropriate place— “ The National Information Governance Board for Health and Social Care. ”E+W

National Health Service Act 2006 (c. 41)E+W

5In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in subsection (3) (which lists the provisions in relation to which functions are not exercisable only in relation to England)—E+W

(a)after paragraph (f) insert—

(fa)sections 250B to 250D (National Information Governance Board),, and

(b)in paragraph (g), for “252 (Patient Information Advisory Group)” substitute “ 252 (consultation with National Information Governance Board) ”.

6In Schedule 1 to the National Health Service Act 2006 (further provision about the Secretary of State and services under that Act), in paragraph 3, for “2(1)(b)” substitute “ 2(2) ”.E+W

National Health Service (Wales) Act 2006 (c. 42)E+W

7In Schedule 1 to the National Health Service (Wales) Act 2006 (further provision about the Welsh Ministers and services under that Act), in paragraph 3, for “2(1)(b)” substitute “ 2(2) ”.E+W

Safeguarding Vulnerable Groups Act 2006 (c. 47)E+W

8In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated activity providers), after subsection (8) insert—E+W

(8A)An authority that is a local authority for the purposes of section 17A of the Children Act 1989 or section 57 of the Health and Social Care Act 2001 (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under that section.

(8B)A person (S) who is someone's surrogate within the meaning of section 57 of the Health and Social Care Act 2001 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (1B)(b) or (1C)(b) of that section.

Section 166

SCHEDULE 15E+WRepeals and revocations

Part 1 E+WRepeals and revocations relating to Part 1

Title and referenceExtent of repeal or revocation
Prison Act 1952 (c. 52)

In Schedule A1—

(a)

paragraph 2(2)(f), and

(b)

paragraph 3(2)(c).

Public Records Act 1958 (c. 51)

In Schedule 1, in Part 2 of the Table at the end of paragraph 3—

(a)

the entry for the Commission for Healthcare Audit and Inspection, and

(b)

the entry for the Commission for Social Care Inspection.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)In paragraph 1 of the Schedule, paragraphs (bg) and (bh).
Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2—

(a)

the entry for the Commission for Healthcare Audit and Inspection, and

(b)

the entry for the Commission for Social Care Inspection.

House of Commons Disqualification Act 1975 (c. 24)

In Part 2 of Schedule 1—

(a)

the entry for the Commission for Healthcare Audit and Inspection, and

(b)

the entry for the Commission for Social Care Inspection.

In Part 3 of Schedule 1, the entry for members of the Mental Health Act Commission in receipt of remuneration.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

In Part 2 of Schedule 1—

(a)

the entry for the Commission for Healthcare Audit and Inspection, and

(b)

the entry for the Commission for Social Care Inspection.

Race Relations Act 1976 (c. 74)

In Parts 2 and 4 of Schedule 1A—

(a)

the entry for the Commission for Healthcare Audit and Inspection, and

(b)

the entry for the Commission for Social Care Inspection.

Mental Health Act 1983 (c. 20)

In section 119(2), the words “by the Secretary of State”.

Section 121.

Mental Health Act Commission (Establishment and Constitution) Order 1983 (S.I. 1983/892)The whole instrument.
Mental Health Act Commission Regulations 1983 (S.I. 1983/894)The whole instrument.
Vehicle Excise and Registration Act 1994 (c. 22)In paragraph 7 of Schedule 2, paragraph (c) (together with the word “or” at the end of it).
Police Act 1996 (c. 16)

In Schedule 4A—

(a)

paragraph 2(2)(f), and

(b)

paragraph 4(f).

Audit Commission Act 1998 (c. 18)

In section 4(7)—

(a)

in paragraph (a), the words “the Commission for Healthcare Audit and Inspection and”, and

(b)

in paragraph (b), the words “the Commission for Social Care Inspection and”.

In section 49(1)—

(a)

paragraph (ba), and

(b)

in paragraph (c), the words from “or for the purposes of the functions of the Commission” to the end.

In Schedule 2A, paragraph 1(1)(g) (together with the word “or” at the end of it).

Crown Prosecution Service Inspectorate Act 2000 (c. 10)

In the Schedule—

(a)

paragraph 2(2)(f), and

(b)

paragraph 4(f).

Care Standards Act 2000 (c. 14)

Sections 5A and 5B.

In section 8(7), the words from “, other than” to the end.

Section 10(6).

In section 11—

(a)

subsection (2), and

(b)

in subsection (4), the words “the CHAI, the CSCI or”.

In section 19(4)(b), the word “and” at the end.

In section 21(5)(b), the word “or” at the end.

In section 30A(2)(b), the word “or” at the end.

Section 42(5).

In section 55(3)(e), the words “the CSCI,”.

Section 113(1A).

Section 113A.

Section 120(1).

In the Table in section 121(13), the entries for the expressions “CHAI” and “CSCI”.

Freedom of Information Act 2000 (c. 36)

In Part 6 of Schedule 1—

(a)

the entry for the Commission for Healthcare Audit and Inspection, and

(b)

the entry for the Commission for Social Care Inspection.

Criminal Justice and Court Services Act 2000 (c. 43)

In Schedule 1A—

(a)

paragraph 2(2)(f),

(b)

paragraph 3(2)(c), and

(c)

paragraph 4(f).

Courts Act 2003 (c. 39)

In Schedule 3A—

(a)

paragraph 2(2)(f), and

(b)

paragraph 4(f).

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Sections 41 to 44.

Section 46.

Sections 47A to 69A.

Sections 76 to 91.

Sections 102 to 104.

Section 113(3)(b).

Section 114(2)(b).

Sections 120 to 141.

Sections 144 to 145A.

In section 148, the definitions of “the CHAI”, “the CSCI”, “financial year” and “Minister of the Crown”.

Schedules 6 to 8.

Health Act 2006 (c. 28)

In section 61, the words “the Commission for Healthcare Audit and Inspection or”.

In Schedule 5—

(a)

the entry for the Commission for Healthcare Audit and Inspection, and

(b)

the entry for the Commission for Social Care Inspection.

Education and Inspections Act 2006 (c. 40)In Schedule 13, paragraph 1(2)(f).
National Health Service (Wales) Act 2006 (c. 42)In section 30(2), paragraph (d) (together with the word “and” at the end of that paragraph).
Safeguarding Vulnerable Groups Act 2006 (c. 47)

Section 45(7)(d).

In Schedule 4—

(a)

paragraph 1(10)(f),

(b)

paragraph 1(11)(a), and

(c)

paragraph 7(6)(a) and (b).

Part 2 E+WRegulation of healthcare professions

Title and referenceExtent of repeal or revocation
Hearing Aid Council Act 1968 (c. 50)The whole Act.
Hearing Aid Council (Extension) Act 1975 (c. 39)The whole Act.
Supreme Court Act 1981 (c. 54)In Schedule 5, the entry for the Hearing Aid Council Act 1968.
Medical Act 1983 (c. 54)

In section 1(3), paragraphs (b) and (f).

Section 38(3)(a)(ii).

In section 41—

(a)

in subsection (7), the words “in accordance with regulations made by the General Council under this subsection,”, and

(b)

subsection (8).

In section 41A(4), the words from “; and for the purposes” to the end.

Section 53(2)(c).

In Part 3 of Schedule 1—

(a)

paragraphs 19A and 19E and the headings before those paragraphs, and

(b)

paragraph 23(b).

In Schedule 4—

(a)

in the heading before paragraph 1, the words “, Interim Orders Panels and Fitness to Practise Panels”,

(b)

in paragraph 1(1), the words “, Interim Orders Panels and Fitness to Practise Panels”,

(c)

in paragraph 1(1)(a), the words “, an Interim Orders Panel or a Fitness to Practise Panel”,

(d)

in paragraph 1(1)(b), the words “or such a Panel”,

(e)

paragraph 1(3) and (4),

(f)

in paragraph 2(1), paragraphs (b) and (c) and the words “or Panel”,

(g)

in paragraph 2(2), the words “, an Interim Orders Panel or a Fitness to Practise Panel”,

(h)

in paragraph 2(3), the words “, an Interim Orders Panel or a Fitness to Practise Panel” and the words “or Panel” (in both places),

(i)

in paragraph 3(a), the words “, an Interim Orders Panel or a Fitness to Practise Panel” and the words “, a Panel”,

(j)

in paragraph 3(b), the words “to a Fitness to Practise Panel or” and the words “the Panel or”,

(k)

paragraph 5A(1)(a)(ii), (3) and (3A),

(l)

paragraph 7(1)(b) and (c),

(m)

in paragraph 7(4), the words “, an Interim Orders Panel or a Fitness to Practise Panel”,

(n)

in paragraph 7(4)(a), the words “or a Panel”,

(o)

in paragraph 7(4)(a)(ii) and (b), the words “or the Panel”, and

(p)

in paragraph 13, the words “, an Interim Orders Panel or Fitness to Practise Panel”.

Hearing Aid Council (Amendment) Act 1989 (c. 12)The whole Act.
Opticians Act 1989 (c. 44)

Section 5C.

In section 5D(1), the words “the Fitness to Practise Committee and”.

In section 13L(11), the words “and rules made under section 23C below”.

In section 23B—

(a)

in the heading, the words “Fitness to Practise Committee and”, and

(b)

subsection (1)(a) and the word “or” following it.

In section 23C—

(a)

subsection (1)(a)(i) and the word “and” following it, and

(b)

subsection (2)(e) and (f).

Section 23D(2)(a) and the word “and” following it.

In section 23E(3) and (4), the words “the Fitness to Practise Committee and”.

Courts and Legal Services Act 1990 (c. 41)In Schedule 10, paragraph 29.
Value Added Tax Act 1994 (c. 23)In Part 2 of Schedule 9, in Item 1 of Group 7, paragraph (e).
Health Act 1999 (c. 8)

In section 60(2)(a), the words “the Pharmacy Act 1954,”.

In Schedule 3—

(a)

paragraph 7(2) and (3),

(b)

in paragraph 10, the words from “and other expressions” to the end, and

(c)

paragraph 12.

Freedom of Information Act 2000 (c. 36)In Part 6 of Schedule 1, the entry for the Hearing Aid Council.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)

In section 25(6), the words “and (3)”.

Section 26(7) and (8).

In section 29(1)—

(a)

paragraph (c),

(b)

in paragraph (e), the words from “(other than a determination” to the end, and

(c)

paragraph (f).

In Schedule 7, paragraphs 20 to 24.

Income Tax (Earnings and Pensions) Act 2003 (c. 1)In section 343, in paragraph 1 of the Table at the end of subsection (2), sub-paragraph (g).
Constitutional Reform Act 2005 (c. 4)

In Schedule 7, in paragraph 4, in part A, the entry for the Hearing Aid Council Act 1968 (c. 50).

In Part 3 of Schedule 11, in paragraph 6(3), the entry for the Hearing Aid Council (Extension) Act 1975 (c. 39).

Health Act 2006 (c. 28)In Schedule 5, the entry relating to the Council for the Regulation of Health Care Professionals.

Part 3 E+WPublic health protection

ReferenceExtent of repeal or revocation
Local Government, Planning and Land Act 1980 (c. 65)In section 159(1), paragraph (e) and the word “and” immediately preceding it.
Public Health (Control of Disease) Act 1984 (c. 22)

Section 1(2) and (4).

In section 5(3), the words “or rating districts”.

Section 7(4)(c) and (d).

Sections 9 to 45.

In section 49(1), paragraph (c) and the word “and” immediately preceding it.

In section 50(2)—

(a)

paragraph (b) and the word “or” immediately preceding it, and

(b)

the words “or any person on board suffering from an infectious disease”.

In section 51—

(a)

subsection (1), and

(b)

in subsection (2), the words “the provisions of this Part of this Act and”.

Section 52.

Sections 54 to 57.

In section 61(2), the words “, other than a factory or workplace,”.

Section 62(3).

Section 64(2).

Section 67(3).

Section 70.

In section 74, the definitions of “coastal waters”, “common lodging-house”, “dustbin”, “factory”, “hospital”, “house”, “inland waters”, “local Act”, “NHS trust”, “NHS contract”, “notifiable disease”, “rating district”, “school” and “street”.

Section 76.

Planning and Compensation Act 1991 (c. 34)In Part 1 of Schedule 18, the entry for section 57 of the Public Health (Control of Disease) Act 1984.

Part 4 E+WNational Health Service

Title and referenceExtent of repeal
National Health Service Act 2006 (c. 41)

In section 71(2)(f), the word “and” at the end.

In section 164(5), paragraph (b) and the word “and” immediately preceding it.

Section 228(2) and (12).

In section 229(1), the words “(not including its pharmaceutical services expenditure)”.

Section 230(2) and (3).

In Schedule 14—

(a)

paragraphs 1 and 2, and

(b)

in paragraph 4(1), the definition of “pharmaceutical services” and, in the definition of “remuneration referable to the cost of drugs”, the words “except in paragraph 1(2)(b) and”.

National Health Service (Wales) Act 2006 (c. 42)

In section 88(5), paragraph (b) and the word “and” immediately preceding it.

In section 174(1)(a), (2)(a) and (b) and (12), the words “and pharmaceutical”.

In section 175(1), the words “and pharmaceutical”.

In section 176(2) and (3)(b), the words “and pharmaceutical”.

In Schedule 8—

(a)

in paragraph 1(1) (and in the heading immediately preceding paragraph 1) the words “and pharmaceutical”,

(b)

paragraph 1(2)(b) and (c),

(c)

in paragraph 4(1), the definition of “pharmaceutical services” and, in the definition of “remuneration referable to the cost of drugs”, the words “except in paragraph 1(2)(b) and”.

Part 5 E+WAbolition of maintenance liability of relatives

The repeals in this Part of this Schedule have effect subject to, and in accordance with, Schedule 13.

Title and referenceExtent of repeal
National Assistance Act 1948 (c. 29)

Section 42.

Section 43.

In section 47(9), the words “or from any person who for the purposes of this Act is liable to maintain that person”.

In section 48(3), the words “, or from any person who for the purposes of this Act is liable to maintain him,”.

In section 51—

(a)

in subsection (1), the words “or any person whom he is liable to maintain for the purposes of this Act”,

(b)

in subsection (2), the words “or any other person”, and

(c)

in subsection (3), in paragraph (a), the words “where the accommodation provided for him,” and paragraph (b).

In section 56(1), the words “(other than a sum due under an order made under section 43 of this Act)”.

In Schedule 6, in paragraph 19—

(a)

in sub-paragraph (1), the words “whom he is not liable to maintain for the purposes of this Act”, and

(b)

sub-paragraph (2).

Maintenance Orders Act 1950 (c. 37)

In section 4—

(a)

subsection (1)(b), and

(b)

in subsection (2), the words “the said section forty-three or”.

In section 9—

(a)

subsection (1)(b), and

(b)

in subsection (2), the words “or the said section forty-three”.

In section 16(2)—

(a)

in paragraph (a)(v), the words “, or section forty-three of the National Assistance Act 1948”, and

(b)

paragraph (b)(v).

Administration of Justice Act 1970 (c. 31)In Schedule 8, paragraph 7.
Attachment of Earnings Act 1971 (c. 32)In Schedule 1, paragraph 8.
Supplementary Benefits Act 1976 (c. 71)In Schedule 7, paragraph 4.
Magistrates' Courts Act 1980 (c. 43)In section 65(1), paragraph (b).
Civil Jurisdiction and Judgments Act 1982 (c. 27)In Schedule 5, in paragraph 5(c), the words “section 43 of the National Assistance Act 1948,”.
Public Health (Control of Disease) Act 1984 (c. 22)In section 46(5), the words from “or from any person” to “death”.
Social Security Act 1986 (c. 50)In Schedule 10, paragraph 41(2)(c).
Family Law Reform Act 1987 (c. 42)

In section 2(1), paragraph (a).

In Schedule 2—

(a)

in paragraph 5, the words “section 42 of” and the words after “1948”, and

(b)

paragraphs 6 and 8.

Health and Social Care Act 2001 (c. 15)In section 54(1), in paragraph (b), the words “(including persons liable to maintain residents by virtue of section 42 of the 1948 Act)”.
Courts Act 2003 (c. 39)In Schedule 8, paragraph 80.
Criminal Justice Act 2003 (c. 44)In Schedule 26, in paragraph 12(2), the words “and (b)”.

Part 6 E+WEstablishment of National Information Governance Board

Title and referenceExtent of repeal
Parliamentary Commissioner Act 1967 (c. 13)In Schedule 2, the entry relating to the Patient Information Advisory Group.
House of Commons Disqualification Act 1975 (c. 24)In Schedule 1, in Part 2, the entry relating to the Patient Information Advisory Group.
Freedom of Information Act 2000 (c. 36)In Schedule 1, in Part 6, the entry relating to the Patient Information Advisory Group.
Health and Social Care Act 2001 (c. 15)Part 3 of Schedule 5.

Part 7 E+WAbolition of National Biological Standards Board

Title and referenceExtent of repeal
Parliamentary Commissioner Act 1967In Schedule 2, the entry for the National Biological Standards Board (UK).
Biological Standards Act 1975 (c. 4)The whole Act.
Race Relations Act 1976 (c. 74)In Part 2 of Schedule 1A, the entry for the National Biological Standards Board.
Freedom of Information Act 2000In Part 6 of Schedule 1, the entry for the National Biological Standards Board (UK).
Income Tax (Trading and Other Income) Act 2005 (c. 5)In Part 2 of Schedule 1, paragraphs 389 and 390.
Health Act 2006 (c. 28)In Schedule 5, the entry for the National Biological Standards Board.

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