National Health Service Reform and Health Care Professions Act 2002

Part 1 — National Health Service, etc

NHS bodies and their functions: England

Dentists

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Data Protection Act 1998 (c. 29)

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.

Directions: distribution of functions

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Personal medical services, personal dental services and local pharmaceutical services

4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.

Local Representative Committees

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NHS bodies and their functions: Wales

Local Health Boards

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial arrangements: England and Wales

Funding of Strategic Health Authorities and Health Authorities

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funding of Primary Care Trusts

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funding of Local Health Boards

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenditure of NHS bodies

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Quality

Duty of quality

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further functions of the Commission for Health Improvement

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commission for Health Improvement: inspections and investigations

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commission for Health Improvement: constitution

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patient and public involvement

Establishment of Patients' Forums

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional functions of PCT Patients' Forums

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry and inspection of premises

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

19

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Commission for Patient and Public Involvement in Health

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overview and scrutiny committees

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of Community Health Councils in England

22

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.

• (5) The Secretary of State may by order make provision—

• (a) as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

• (b) as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

• (6) The following fall within this subsection—

• (a) the Secretary of State,

• (b) a Strategic Health Authority ,

• (c) a Special Health Authority,

• (d) an NHS trust,

• (e) a Primary Care Trust.

• (7) Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint working

Joint working with the prison service

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health and well-being strategies in Wales

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Health and Social Care Professions etc.

The Professional Standards Authority for Health and Social Care

The Council for the Regulation of Health Care Professionals

25

• (1) There shall be a body corporate known as the Professional Standards Authority for Health and Social Care (in this group of sections referred to as “the Authority”).

• (2) The general functions of the Authority are—

• (a) to promote the interests of users of health care, users of social care in England, users of social work services in England and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “regulatory bodies”), and by their committees and officers,

• (b) to promote best practice in the performance of those functions,

• (c) to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

• (d) to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

• (2A) The over-arching objective of the Authority in exercising its functions under subsection (2)(b) to (d) is the protection of the public.

• (2B) The pursuit by the Authority of its over-arching objective involves the pursuit of the following objectives—

• (a) to protect, promote and maintain the health, safety and well-being of the public;

• (b) to promote and maintain public confidence in the professions regulated by the regulatory bodies;

• (c) to promote and maintain proper professional standards and conduct for members of those professions;

• (d) to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies (as defined in article 3(1) of the Pharmacy Order 2010 (S.I. 2010/231)); and

• (e) to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989).

• (3) The bodies referred to in subsection (2)(a) are—

• (a) the General Medical Council,

• (b) the General Dental Council,

• (c) the General Optical Council,

• (d) the General Osteopathic Council,

• (e) the General Chiropractic Council,

• (f) the General Pharmaceutical Council,

• (g) subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

• (ga) the Nursing and Midwifery Council,

• (gb) the Health and Care Professions Council,

• (gc) Social Work England and,

• (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.

• (3A) A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including—

• (a) a reference to Social Work England, or

• (b) a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to social care workers in England.

• (3B) For the purposes of subsection (3A)—

• “enactment” means an enactment contained in—an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), orsubordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and

• “social care workers in England” has the meaning given in section 60 of the 1999 Act.

• (4) Schedule 7 (which makes further provision about the Authority) is to have effect.

• (5) “This group of sections” means this section and sections 25A to 29, and includes Schedule 7.

• (6) In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) ... of Schedule 3 to the 1999 Act.

Powers and duties of the Council: general

26

• (1) Except as mentioned in subsections (3) to (6), the Authority may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

• (2) The Authority may, for example, do any of the following—

• (a) investigate, and report on, the performance by each regulatory body of its functions,

• (b) where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,

• (c) recommend to a regulatory body changes to the way in which it performs any of its functions.

• (2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions.

• (3) The Authority may not do anything in relation to the case of any individual in relation to whom—

• (a) there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or

• (b) an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

• (3A) A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions.

• (4) Subsection (3) does not prevent the Authority from—

• (a) taking action under section 28,

• (b) where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, ...

• (c) investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases , or

• (d) requesting that the General Medical Council exercises the power conferred by article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 so as to revise a decision of a case examiner to take any step under article 10(3) of that Order other than a decision to refer a matter on to a Panel.

• (4A) For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Authority may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—

• (a) conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),

• (b) conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or

• (c) otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted—

(c) modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals, (d) modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions, (e) modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.

• (10) In Schedule 3 to the 1999 Act (which makes further provision about orders under section 60 of that Act), in paragraph 7, after sub-paragraph (3) there is inserted—

(4) An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.

• (11) In subsections (3) and (4), “proceedings”, in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In this section, “voluntary registration functions” is to be construed in accordance with section 25I.

Regulatory bodies and the Council

27

• (1) Each regulatory body must in the exercise of its functions co-operate with the Authority.

• (2) If the Authority considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body other than Social Work England to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.

• (3) The Authority may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.

• (4) The Authority must send a copy of any such directions to the relevant authority.

• (5) The relevant authority is the Privy Council or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.

• (6) The directions do not come into force until the date specified in an order made by the relevant authority.

• (7) The Privy Council must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—

• (a) setting out any directions ... it receives pursuant to subsection (4), and

• (b) specifying the date on which the directions are to come into force.

• (8) Subsections (4) to (7) apply also to—

• (a) directions varying earlier directions, and

• (b) directions revoking earlier directions, and given after—

• (i) both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)

• (ii) the Northern Ireland Assembly has done so.

• (9) Subsections (4) and (5) apply also to directions—

• (a) revoking earlier directions, but

• (b) which do not fall within subsection (8)(b),

but subsections (6) and (7) do not apply to such directions.

• (10) If the Authority gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.

• (11) A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.

• (12) A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.

• (13) The Privy Council shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).