PART 7Regulation of health and social care workers

The Professional Standards Authority for Health and Social Care

223Functions of the Authority

I11

In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Professional Standards Authority), in subsection (2)(a), for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.

I12

In subsection (2A) of that section, for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.

I23

In section 26A of that Act (powers of Secretary of State etc. to request the Authority for advice), after subsection (1) insert—

1A

The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request.

I34

After subsection (2) of that section insert—

2A

A person to whom the Authority gives advice, or for whom it investigates and reports on a matter, under this section must pay such fee as the Authority determines; and the fee may be charged by reference to the advice or the investigation and report concerned or on a periodic basis.

I15

In subsection (3) of that section, after “this section” insert

health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and

I26

In section 26B of that Act (duty to inform and consult the public), in subsection (4)(b), for “patients” substitute “users of health care, users of social care in England or users of social work services in England”.

I47

In section 27 of that Act (the Authority and regulatory bodies), in subsections (5) and (13), for “Secretary of State” substitute “Privy Council”.

I48

In subsection (7) of that section—

a

for “Secretary of State” substitute “Privy Council”, and

b

in paragraph (a), omit “he or”.

I19

In section 29 of that Act (reference of disciplinary cases to court by the Authority), in subsection (5), after “subsection (4)” insert “(subject to subsection (5A))”.

I110

After subsection (5) of that section insert—

5A

In the case of a social worker in England, the “relevant court” means the High Court of Justice in England and Wales.

I411

In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.

I412

In subsection (3) of that section, for “the Secretary of State” substitute “the Privy Council”.

I413

After subsection (3D) of that section (inserted by section 224(3)) insert—

3E

A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament.

I114

In paragraph 16 of Schedule 7 to that Act (reports and other information), in sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.