National Health Service Reform and Health Care Professions Act 2002

[F1 26A Powers of Secretary of State and devolved administrations U.K.

(1) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the [F2 Authority] for advice on any matter connected with a profession appearing to the person making the request to be a health care profession; and the [F2 Authority] must comply with such a request.

[F3 (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.]

[F4 (1B) The Secretary of State may request the Authority for advice on any matter connected with accreditation of registers under section 25G; and the Authority must comply with such a request.

(1C) The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D); and the Authority must comply with such a request.

(1D) The registers are registers of persons who are or have been—

(a) unregulated social care workers in England,

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) participating in studies for the purpose of becoming an unregulated social care worker in England.

[F6 (1E) In subsection (1D), “unregulated social care worker in England” has the meaning given in section 25E.]]

(2) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may require the [F2 Authority] to investigate and report on a particular matter in respect of which the [F7 Authority's] functions are exercisable.

[F8 (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.]

(3) In this section[F9 —

• “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

• “the relevant Northern Ireland department” means the Department of Health, Social Services and Public Safety in Northern Ireland Public Safety in Northern Ireland.]]

Textual Amendments

F1 S. 26A inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 116(1), 170(3)(4); S.I. 2008/3244, art. 2(c)

F2 Words in s. 26A(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(c); S.I. 2012/2657, art. 2(3)

F3 S. 26A(1A) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(3), 306(4); S.I. 2012/1831, art. 2(2) (with art. 8)

F4 Ss. 26A(1B)-(1E) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(6), 306(4); S.I. 2012/2657, art. 2(3)

F5 S. 26A(1D)(b) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 12(2); S.I. 2019/1436, reg. 2(r)

F6 S. 26A(1E) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 12(3); S.I. 2019/1436, reg. 2(r)

F7 Word in s. 26A(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 65; S.I. 2012/2657, art. 2(3)

F8 S. 26A(2A) inserted (1.2.2016) by Health and Social Care Act 2012 (c. 7), ss. 223(4), 306(4); S.I. 2016/81, art. 2

F9 Words in s. 26A(3) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(5), 306(4); S.I. 2012/1319, art. 2(4)