The Health and Social Care Act 2012 (Commencement No. 11 and Saving Provision) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force sections 223 and 226 of the Health and Social Care Act 2012 (c. 7) (“the Act”) insofar as they are not already in force. It is the eleventh such Order to be made under the Act.

Article 2 brings into force section 223(7), (8), (11), (12) and (13) and section 226(3), (4), (6), (7), (8) and (9) of the Act. These provisions amend the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”) in connection with the Professional Standards Authority for Health and Social Care (“the Authority”).

Section 223(7) of the Act amends section 27(5) and (13) of the 2002 Act. Section 27(5) is amended to substitute the Privy Council as the “relevant authority” to which any directions that the Authority gives to a regulatory body under section 27(2) of the 2002 Act must be sent (except in the case of the Pharmaceutical Society of Northern Ireland). Section 27(13) provides that the Privy Council must make provision in regulations as to the procedure to be followed in relation to the giving of such directions. Section 223(13) of the Act inserts subsection (3E) to section 38 of the 2002 Act to provide for the Parliamentary procedure for any such regulations. Section 223(8) of the Act amends section 27(7) of the 2002 Act to provide that, where the Privy Council receives such directions given by the Authority under section 27(2) of the 2002 Act, it must lay a draft of an order setting out the directions, and the date on which these are to come into force, before both Houses of Parliament. Section 223(11) and (12) of the Act make consequential amendments to section 38(2) and (3) of the 2002 Act.

Section 226(3) of the Act amends paragraph 6 of Schedule 7 to the 2002 Act to provide that the Privy Council, rather than the Secretary of State, may make regulations in connection with appointments to the Authority. Section 226(9) of the Act inserts subsection (3F) to section 38 of the 2002 Act to provide for the Parliamentary procedure for such regulations.

Section 226(4) of the Act amends paragraph 10 of Schedule 7 to the 2002 Act giving the Authority, rather than the Secretary of State, powers in connection with remuneration, allowances and pension for members and former members of the Authority.

Section 226(6) of the Act amends paragraph 15 of Schedule 7 to the 2002 Act to provide that is the Privy Council which will determine the form in which the Authority must keep and prepare its accounts and the period within which the Authority must send its accounts to the Comptroller and Auditor General.

Section 226(7) of the Act inserts paragraph 16(1B) into Schedule 7 to the 2002 Act. This places a duty on the Authority to publish a strategic plan for the coming financial year by a date determined by the Privy Council and paragraph 16(2) of Schedule 7 is amended by section 226(8) of the Act to provide that the Authority must lay a copy of that strategic plan before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

Article 3 makes saving provision to ensure the continued application of Regulations made under the 2002 Act and the continued application of determinations made prior to the amendment of the 2002 Act by the Act.

A full impact assessment has not been produced for this instrument as this Order itself has no impact on the private sector or civil society organisations. A full impact assessment has been produced in relation to the provisions of the Act, including provisions that are commenced by this Order, and a copy is available at https://www.gov.uk/government/publications/health-and-social-care-bill-2011-combined-impact-assessments. A hard copy of this impact assessment can be obtained from Professional Regulation Branch, Acute Care and Workforce Directorate, Department of Health and Social Care, Quarry House, Quarry Hill, Leeds, LS2 7UE.