Legalize / United Kingdom / Public General Act

Health and Social Care Act 2012

Type Public General Act

Publication 2012-03-27

Last updated 2025-07-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(147A) (1) Regulations may make provision for the preparation, maintenance and publication by the Board of one or more lists of— (a) persons approved by the Board for the purpose of assisting in the provision of pharmaceutical services which the Board arranges; (b) persons approved by the Board for the purpose of performing local pharmaceutical services. (2) The regulations may, in particular, provide that— (a) a person of a prescribed description may not assist in the provision of pharmaceutical services which the Board arranges unless the person is included in a list prepared by virtue of subsection (1)(a), (b) a person of a prescribed description may not perform local pharmaceutical services unless the person is included in a list prepared by virtue of subsection (1)(b). (3) The regulations may, in particular, also include provision as to— (a) the preparation, maintenance and publication of a list, (b) eligibility for inclusion in a list, (c) applications for inclusion (including provision for the procedure for applications and the documents to be supplied on application, whether by the applicant or by arrangement with the applicant), (d) the grounds on which an application for inclusion may or must be granted or refused or on which a decision on such an application may be deferred, (e) requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits), (f) the grounds on which the Board may or must suspend or remove a person from a list, the procedure for doing so, and the consequences of doing so, (g) circumstances in which a person included in a list may not withdraw from it, (h) payments to or in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed by the Secretary of State), (i) the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act, (j) the criteria to be applied in making decisions under the regulations, (k) appeals against decisions made by the Board under the regulations, and (l) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals, and may make any provision corresponding to anything in sections 151 to 159. (4) Regulations under this section may, in particular, also provide that approval for the purposes of either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to be read accordingly). (5) Regulations under this section may, in particular, also provide for— (a) a person's inclusion in a list to be subject to conditions determined by the Board, (b) the Board to vary the conditions or impose different ones, (c) the consequences of failing to comply with a condition (including suspension or removal from a list), (d) the review by the Board of decisions made by it by virtue of the regulations. (6) The imposition of such conditions must be with a view to— (a) preventing any prejudice to the efficiency of the services to which a list relates, or (b) preventing any acts or omissions of the type described in section 151(3)(a). (7) If the regulations provide under subsection (3)(f) or (5) that the Board may suspend or remove a person (P) from a list, they must include provision— (a) requiring P to be given notice of any allegation against P, (b) giving P the opportunity of putting P's case at a hearing before the Board makes any decision as to P's suspension or removal, and (c) requiring P to be given notice of the decision of the Board, the reasons for it and any right of appeal under subsection (8) or (9). (8) If the regulations provide under subsection (3)(d) or (f) that the Board may refuse a person's application for inclusion in a list, or remove a person from one, the regulations must provide for an appeal to the First-tier Tribunal against the decision of the Board. (9) If the regulations make provision under subsection (5), they must provide for an appeal by the person in question to the First-tier tribunal against the decision of the Board— (a) to impose conditions, or any particular condition, (b) to vary a condition, (c) to remove the person from the list for breach of condition, (d) on any review of an earlier such decision of the Board. (10) Regulations making provision as to the matters referred to in subsection (3)(l) may, in particular, authorise the disclosure of information— (a) by the Board to the Secretary of State, and (b) by the Secretary of State to the Board. (147B) (1) Regulations under section 147A may require a person (A) included in— (a) a pharmaceutical list, or (b) a list under section 132(3) (provision of drugs, medicines or listed appliances), not to employ or engage a person (B) to assist A in the provision of the service to which the list relates unless B is included in a list mentioned in subsection (2). (2) The lists are— (a) a list referred to in subsection (1), (b) a list under section 147A, (c) a list under section 91, 106 or 123, (d) a list corresponding to a list under section 91 prepared by the Board by virtue of regulations made under section 145, (e) a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by a Local Health Board under or by virtue of the National Health Service (Wales) Act 2006, or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed description. (3) If regulations do so require, they may, in particular, require that both A and B be included in lists prepared by the Board.

(3) For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional inclusion in pharmaceutical lists”.

(4) In section 159 of that Act (national disqualification), in subsection (1)—

(a) omit paragraph (b), and

(b) in paragraph (d), for “section 146” substitute “section 147A”.

(5) In section 276 of that Act (index of defined expressions), omit the entry for “supplementary list”.

(6) In Schedule 17 to that Act (exempt information relating to health services), in paragraph 13(1)(b), for “146” substitute “147A”.

(7) Regulations under section 146 or 149 of that Act having effect immediately before the commencement of subsection (1) of this section are, despite the repeals made by that subsection, to continue to have effect as if they had been made under section 147A of that Act (as inserted by subsection (2) of this section).

Orders under section 60 of the Health Act 1999

209

(1) Section 60 of the Health Act 1999 (regulation of health care professions etc.) is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

(ba) regulating the social work profession in England, (bb) modifying the regulation of the social work profession in England, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which it provides or to which it contributes,

(3) In that subsection, after paragraph (bb) insert—

(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this section, (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or expedient for the purpose of securing or improving their regulation or the services which they provide or to which they contribute,

(4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession in England)”.

(5) After that subsection insert—

(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in social work in England; and for the purposes of this section, “social work in England” means social work which is required in connection with any health, education or social services provided in England.

(6) After subsection (2ZA) insert—

(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care work in England. (2ZC) For that purpose, “social care work in England” means work (other than social work in England) that is of any of the following descriptions— (a) employment at a children's home, care home or residential family centre in England, (b) management of a home or centre of a kind mentioned in paragraph (a), (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption agency or adoption support agency, in so far as the agency provides services to persons in England, (d) management of an agency of a kind mentioned in paragraph (c), (e) work for the purposes of the social services functions of a local authority whose area is in England, (f) the provision in England of services similar to services which may or must be provided by a local authority in the exercise of its social services functions, (g) the provision of personal care for persons in England, (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care for persons in England, (i) management of an undertaking of the kind mentioned in paragraph (h), (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the Children Act 1989 (inspection of children's homes), (k) employment as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under— (i) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges), (ii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector), (l) employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part), (m) management of staff mentioned in paragraph (k) or (l), (n) employment at a day centre in England, (o) participation in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to engage in the social work profession in England.

(7) After subsection (2ZC) insert—

(2ZD) An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning in that subsection as it has in that section.

(8) After subsection (2ZD) insert—

(2ZE) The exercise of functions of an approved mental health professional by a member of a profession to which subsection (2) applies is not to be regarded as social work of the kind engaged in by the social work profession in England.

(9) After subsection (2ZE) insert—

(2ZF) In this section, “approved mental health professional” has the meaning given in section 114 of the Mental Health Act 1983.

(10) For the title to section 60 of the Health Act 1999 substitute “Regulation of health professions, social workers, other care workers etc.”.

(11) In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for “a person's fitness to practise a profession to which section 60(2) applies” substitute “a matter specified in subsection (2A)”.

(12) After that subsection insert—

(2A) The matters are— (a) a person's fitness to practise a profession to which section 60(2) applies; (b) a person's fitness to practise the social work profession in England (within the meaning given by section 60); (c) a person's suitability to remain registered as a social care worker in England (within the meaning given by that section).

(13) In subsection (3) of that section, at the end insert “or the social work profession in England (within the meaning given in section 60(2ZA)”.

Training etc. of approved mental health professionals in England

210

In section 60 of the Health Act 1999 (regulation of health care professions etc.), in subsection (1), after paragraph (e) insert—

(ea) modifying the functions, powers or duties of the Health and Care Professions Council that relate to the education and training of persons who are or wish to become approved mental health professionals,

211

(1) Schedule 3 to the Health Act 1999 (further provision as to power to make Orders in Council under section 60 of that Act) is amended as follows.

(2) After paragraph 1 (matters generally within the scope of the Orders) insert—

(1A) An Order may make provision, in relation to any social care workers in England, for any of the following matters (among others)— (a) the establishment and continuance of a regulatory body, (b) the functions of the Health and Care Professions Council or of another regulatory body, (c) keeping registers of social care workers in England of any description, (d) privileges of registered persons, (e) education and training, (f) standards of conduct and performance, (g) discipline, (h) removal or suspension from registration or the imposition of conditions on registration, (i) investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory body, (j) appeals, (k) default powers exercisable by a person other than the Health and Care Professions Council or another regulatory body.

(3) After paragraph 1A insert—

(1B) The provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of conduct and performance of members of a profession, or social care workers in England, carrying out the functions of an approved mental health professional.

(4) In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-paragraph (1), for paragraph (c) substitute—

(c) the Health and Care Professions Council,

(5) In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph (2) insert—

(2ZA) Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person other than that body or any of its committees or officers to exercise that function. (2ZB) The functions are— (a) keeping the registers of social care workers in England 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.

(6) In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph (1)(b)—

(a) after “represent any profession” insert “or any social care workers in England”, and

(b) after “by any profession” insert “or any social care workers in England”.

(7) In paragraph 10 (interpretation)—

(a) at the appropriate place insert the following—

“social care work in England”, “social care workers in England” and “the social work profession in England” have the meaning given by section 60,

, and

(b) in the definition of “regulatory body”—

(i) after “any profession” insert “or any social care workers in England”, and

(ii) after “the profession” insert “or the social care workers in England concerned”.

(8) In paragraph 11 (application), after sub-paragraph (2) insert—

(2A) References in section 60 and this Schedule to regulation, in relation to social care workers in England, include— (a) the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England, (b) the regulation of activities carried on by persons who are not social care workers in England (or members of the social work profession in England) but which are carried on in connection with social care work in England.

212

(1) The General Social Care Council is abolished.

(2) In section 54 of the Care Standards Act 2000 (the Care Councils)—

(a) in subsection (1), omit paragraph (a) and the “and” following it,

(b) in that subsection, for “conferred on them” substitute “conferred on it”,

(d) in subsection (4), for “Each Council” substitute “The Welsh Council”,

(e) in subsection (6), for “a Council” substitute “the Welsh Council”, and

(f) omit subsection (7).

(3) For the title to that section substitute “The Care Council for Wales”.

The Health and Care Professions Council

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The Health and Care Professions Council

214

(1) The body corporate known as the Health Professions Council—

(a) is to continue to exist, and

(b) is to change its name to the Health and Care Professions Council.

(2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) (the Council and its Committees), for sub-paragraph (1) substitute—

(1) The Health and Care Professions Council is referred to in this Order as “the Council”.

(3) For the title to that article substitute “The Health and Care Professions Council and its Committees”.

(4) In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.

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Approval of courses for approved mental health professionals

217

(1) Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions etc.) is amended as follows.

(2) Before section 114A insert—

(114ZA) (1) The Health and Care Professions Council may approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England. (2) The Council must publish a list of— (a) the courses which are approved under this section, and (b) the courses which have been, but are no longer, approved under this section and the periods for which they were so approved. (3) The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000. (4) Where the function under subsection (1) is, in accordance with the Health and Social Work Professions Order 2001, exercisable by a committee of the Council, the committee may arrange for another person to exercise the function on the Council's behalf.

(3) In section 114 (approval of mental health professionals by local social services authority), in subsection (6), after “section” insert “114ZA or”.

(4) Section 114A (approval of courses) is amended as follows.

(5) For subsection (1) substitute—

(1) The Care Council for Wales may, in accordance with rules made by it, approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in Wales.

(6) Omit subsection (3).

(7) In subsection (5), omit “General Social Care Council and the”.

(8) For the title to that section substitute “Approval of courses: Wales”.

Exercise of function of approving courses, etc.

218

(1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.

(2) In article 3 (the Council and its Committees), in paragraph (3), at the end insert “(and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.

(3) After paragraph (5) of that article insert—

(5ZA) In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish to become, approved mental health professionals in England, references to registrants are to be read as including a reference to such approved mental health professionals in England as are not registrants.

(4) In article 14 (the Council's education and training committee), after sub-paragraph (b) insert—

(ba) the setting of criteria under article 15B;

(5) After article 15 insert—

(15A) (1) The function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals in England) is exercisable by the Education and Training Committee. (2) In relation to AMHP courses run outside the United Kingdom, section 114ZA(1) of that Act applies only in relation to courses run by institutions which are approved in accordance with article 15B(3). (3) In this article and articles 15B to 18, “AMHP course” means a course of the kind referred to in section 114ZA(1) of the Mental Health Act 1983. (15B) (1) The Council must set the criteria to be applied in exercising the function under section 114ZA(1) of the Mental Health Act 1983. (2) The Education and Training Committee must— (a) ensure that universities and other bodies in the United Kingdom concerned with the provision of AMHP courses are notified of the criteria set under paragraph (1); and (b) take appropriate steps to satisfy itself that the AMHP courses provided by such bodies meet those criteria. (3) In performing the function under paragraph (2)(b), the Committee may, in particular, approve or arrange with others to approve institutions which the Committee considers to be properly organised and equipped for conducting AMHP courses. (4) The Council must from time to time publish a statement of the criteria set under paragraph (1). (5) An AMHP course is to be treated for the purposes of articles 16 to 18 as a relevant course of education or training.

(6) In article 16 (visitors), in paragraph (6), at the end insert “; but that does not apply to AMHP courses.”

(7) In article 17 (information), after paragraph (3) insert—

(3A) The reference in paragraph (3) to the functions of the Committee under this Order includes a reference to the function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals) in so far as that function is exercisable by the Committee.

(8) In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—

(1A) Where as a result of any visitor's report or other information acquired by the Committee or the Council, and taking account of the observations received from the institution under article 16(9), the Committee is of the opinion that an AMHP course does not meet the criteria set under article 15B(1), it may refuse to approve, or withdraw approval from, the course.

(9) In that article—

(a) in paragraph (3), after “paragraph (1)” insert “or (1A)”, and

(b) in paragraph (6), after “paragraph (1)” in each place it appears insert “or, as the case may be, (1A)”.

(10) In article 21(1)(a) (Council's duty to establish standards of conduct etc. and give guidance), after “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of an approved mental health professional)”.

(11) In article 45 (finances of the Council), after paragraph (3) insert—

(3A) The Secretary of State may make grants or loans to the Council towards expenses incurred, or to be incurred by it, in connection with the exercise of its functions in relation to persons who are, or wish to become, approved mental health professionals in England.

219

(1) After article 44 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) insert—

(44A) (1) The Council may make arrangements with any relevant person for the Council to provide administrative, technical or advisory services to that person. (2) A relevant person is a person or group of persons (whether inside or outside the United Kingdom) who maintain— (a) a register of members of a profession engaged in the provision of health care, (b) a register of persons engaged in, but who are not members of a profession engaged in, the provision of health care, (c) a register of members of the social work profession, or (d) a register of persons engaged in social care work.

(2) In Schedule 3 to that Order (interpretation), at the appropriate place, insert—

“health care” includes— (a) all forms of health care for individuals, whether relating to physical or mental health, and (b) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;

References in enactments to registered health professionals, etc.

220

(1) In section 58 of the Medicines Act 1968 (medicinal products on prescription only), after subsection (1A) insert—

(1ZA) Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).

(2) In section 27 of the National Health Service (Scotland) Act 1978 (arrangements for provision of pharmaceutical services), after subsection (1B) insert—

(1C) Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).

(3) In section 3 of the Video Recordings Act 1984 (exempted supplies), after subsection (11) insert—

(11A) But subsection (11) does not apply to a person in so far as the person is required to register under the Health and Social Work Professions Order 2001 as a member of the social work profession in England (within the meaning of section 60 of the Health Act 1999).

(4) In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption for medical care services), in the Notes, after Note (2) insert—

(2ZA) Paragraph (c) of item 1 does not include supplies of services made by a person in the capacity of a registered member of the social work profession in England (within the meaning of section 60 of the Health Act 1999).

(5) In section 69 of the Data Protection Act 1998 (meaning of “health professional”), at the end of paragraph (h) of subsection (1), insert “, except in so far as the person is registered as a social worker in England (within the meaning of that Order)”.

(6) In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after subsection (3) insert—

(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 reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to— (a) the social work profession in England, or (b) social care workers in England. (3B) For the purposes of subsection (3A)— - “enactment” means an enactment contained in— 1. 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), or 2. subordinate 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 - “the social work profession in England” and “social care workers in England” have the meaning given in section 60 of the 1999 Act.

(7) In section 126 of the National Health Service Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—

(4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).

(8) In section 80 of the National Health Service (Wales) Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—

(4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).

Role of the Secretary of State

221

(1) In section 67 of the Care Standards Act 2000 (functions of the appropriate Minister), after subsection (1) insert—

(1A) But the Secretary of State may not exercise the function under subsection (1)(a) or (d) in relation to a social worker who is registered as such in a register maintained under article 5 of the Health and Social Work Professions Order 2001.

(2) In subsection (2) of that section, after “take part in” insert “courses approved by the Health and Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Work Professions Order 2001 for persons who are or wish to become social workers,”.

(3) The Secretary of State may make arrangements with the Health and Care Professions Council for the discharge, during the relevant period, of the functions of the General Social Care Council; and for that purpose “the relevant period” is the period—

(a) beginning with the day on which this Act is passed, and

(b) ending with the commencement of section 212(1).

222

(1) The body corporate known as the Council for Healthcare Regulatory Excellence—

(a) is to continue to exist, and

(b) is to change its name to the Professional Standards Authority for Health and Social Care.

(2) In consequence of that, in section 25 of the National Health Service Reform and Health Care Professions Act 2002 (which establishes the Council for Healthcare Regulatory Excellence), in subsection (1)—

(a) for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and

(b) for “ “the Council”” substitute “ “the Authority””.

(3) For the title of section 25 of that Act substitute “The Professional Standards Authority for Health and Social Care”.

(4) For the cross-heading preceding that section substitute “The Professional Standards Authority for Health and Social Care”.

(5) For the title of Part 2 of that Act substitute “Health and Social Care Professions etc.”.

Functions of the Authority

223

(1) 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”.

(2) 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”.

(3) 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.

(4) 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.

(5) 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

(6) 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”.

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

(8) In subsection (7) of that section—

(a) for “Secretary of State” substitute “Privy Council”, and

(b) in paragraph (a), omit “he or”.

(9) 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))”.

(10) 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.

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

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

(13) 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.

(14) 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”.

Funding of the Authority

224

(1) After section 25 of the National Health Service Reform and Health Care Professions Act 2002 insert—

(25A) (1) The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations. (2) A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A. (3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations. (4) Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations. (5) The Authority must— (a) comply with a request under subsection (4), but (b) before doing so, consult the regulatory bodies. (6) Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies. (7) Having taken into account such representations as it receives from consultees, the Privy Council must— (a) make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and (b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay. (8) The Privy Council must— (a) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and (b) consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay. (9) Having taken into account such representations as it receives from consultees, the Privy Council must— (a) determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and (b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay. (10) Regulations under this section requiring payment of a fee may make provision— (a) requiring the fee to be paid within such period as is specified; (b) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a); (c) for the recovery of unpaid fees or interest. (11) The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative. (12) Before making regulations under this section, the Privy Council must consult— (a) the Authority, (b) the regulatory bodies, and (c) such other persons as it considers appropriate.

(2) In section 25(5) of that Act (meaning of “this group of sections”) for “26” substitute “25A”.

(3) In section 38 of that Act (regulations and orders) after subsection (3) insert—

(3A) A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3B) Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)). (3C) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument. (3D) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.

(4) In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority), after sub-paragraph (2) insert—

(2A) The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.

(5) In that paragraph, omit sub-paragraphs (5) and (6).

Power to advise regulatory bodies, investigate complaints, etc.

225

(1) After section 25A of the National Health Service Reform and Health Care Professions Act 2002 insert—

(25B) (1) The Authority may, for the purpose of assisting the Authority in its performance of its functions under this group of sections, provide advice or provide auditing services to— (a) a regulatory body; (b) a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body. (2) A body to which the Authority provides advice or auditing services under this section must pay such fee as the Authority may determine. (3) In this section, “this group of sections” has the meaning given by section 25(5) but does not include section 26A.

(2) In section 28(1) of that Act (power to make regulations about investigation by the Authority of complaints about regulatory bodies), for “The Secretary of State” substitute “The Privy Council”.

(3) In section 38(2) of that Act (regulations and orders), omit “regulations under section 28 or”.

Accountability and governance

226

(1) Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the Authority) is amended as follows.

(2) In paragraph 4 (membership and chair)—

(a) in paragraph (e), for “the Secretary of State” substitute “the Privy Council”, and

(b) in paragraph (f), for “two executive members” substitute “one executive member”.

(3) In paragraph 6 (appointments), for “The Secretary of State” substitute “The Privy Council”.

(4) In paragraph 10 (remuneration and allowances)—

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Authority”, and

(b) for sub-paragraphs (3) and (4) substitute—

(3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority. (4) The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.

(5) In paragraph 11 (employees)—

(a) in sub-paragraph (1), for “members” substitute “member”, and

(b) in sub-paragraph (2), for “members must be employees” substitute “member must be an employee”.

(6) In paragraph 15 (accounts)—

(a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Privy Council”, and

(b) in sub-paragraph (3)—

(i) omit “the Secretary of State and”, and

(ii) for “the Secretary of State” substitute “the Privy Council”.

(7) In paragraph 16 (reports and other information), after sub-paragraph (1A) insert—

(1B) The Authority must, by such date in each year as the Privy Council determines, publish— (a) a strategic plan for the Authority for the coming financial year, and (b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.

(8) In sub-paragraph (2) of that paragraph, after “its report for that year” insert “, and a copy of each of its strategic plans published in that year,”.

(9) In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert—

(3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.

Appointments to regulatory bodies

227

After section 25B of the National Health Service Reform and Health Care Professions Act 2002 insert—

(25C) (1) The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body. (2) The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with— (a) its exercise of any of its appointment functions in relation to a regulatory body; (b) its exercise of its function under paragraph 4 of Schedule 7. (3) The Privy Council may make arrangements with any other person to assist it in connection with— (a) its exercise of any of its appointment functions in relation to a regulatory body; (b) its exercise of its function under paragraph 4 of Schedule 7. (4) The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph. (5) The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph. (6) The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph. (7) In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland. (8) In this section, “appointment functions” means— (a) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office), (b) in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), (c) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), (d) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), (e) in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), (f) in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), (g) in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and (h) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council). (9) A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function.

Establishment of voluntary registers

228

After section 25C of the National Health Service Reform and Health Care Professions Act 2002 insert—

(25D) (1) A regulatory body may establish and maintain a voluntary register of persons who are (and, where the body thinks appropriate, persons who have been)— (a) unregulated health professionals; (b) unregulated health care workers; (c) unregulated social care workers in England; (d) participating in studies that come within subsection (2) or (3). (2) Studies come within this subsection if they are studies for the purpose of becoming a member of— (a) a profession to which section 60(2) of the Health Act 1999 applies, or (b) the social work profession in England. (3) Studies come within this subsection if they are studies for the purpose of becoming— (a) an unregulated health professional, (b) an unregulated health care worker, or (c) an unregulated social care worker in England. (4) A regulatory body may establish and maintain a register under subsection (1)(a), (b) or (c) of only such persons as are (or have been) engaged in work that supports, or otherwise relates to, work engaged in by members of a profession which the body regulates; but this subsection does not apply to the Health and Care Professions Council. (5) A regulatory body may establish and maintain a register under subsection (1)(d) of only such persons as are (or have been) participating in studies for the purpose of— (a) in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates, (b) in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or (c) in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register. (6) The General Pharmaceutical Council may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work or participating in studies in England, Wales or Scotland. (7) The Pharmaceutical Society of Northern Ireland may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work, or are participating in studies, in Northern Ireland. (8) A regulatory body may establish and maintain a register under subsection (1) jointly with one or more other regulatory bodies. (9) Where regulatory bodies establish and maintain a register in reliance on subsection (8)— (a) subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council), (b) subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and (c) subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies. (10) But subsections (6) and (7) do not apply where the bodies concerned are or include the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland. (11) Accordingly, in those circumstances, the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland may jointly establish and maintain a register of persons who are (and, where they consider appropriate, have been) engaged in work or participating in studies anywhere in the United Kingdom. (12) A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine. (25E) (1) This section applies for the purposes of section 25D. (2) “Voluntary register” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to— (a) use a title, (b) practise as a member of a profession, (c) engage in work that involves the provision of health care, (d) engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or (e) participate in studies that come within section 25D(2) or (3). (3) Where an enactment imposes a requirement of that kind which applies to part only of the United Kingdom, a register is to be regarded as a voluntary register in so far as it applies to any part of the United Kingdom to which the requirement does not apply. (4) The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies— (a) only to work or practice of a particular kind, and (b) only when work or practice of that kind is engaged in for particular purposes. (5) In subsections (2) to (4), “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) an Act or Measure of the National Assembly for Wales, or (d) Northern Ireland legislation. (6) “Unregulated health professional” means a member of a profession— (a) which is concerned with the physical or mental health of individuals, but (b) to which section 60(2) of the Health Act 1999 does not apply. (7) “Unregulated health care worker” means a person engaged in work which— (a) involves the provision of health care, but (b) is not work which may be engaged in only by members of a profession. (8) In subsections (2) and (7), “health care” includes— (a) all forms of health care for individuals, whether relating to physical or mental health, and (b) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. (9) “Unregulated social care worker in England” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999. (10) But a person is not to be regarded as being (or having been) engaged in work as an unregulated social care worker merely because the person is (or has been) participating in a course of the description given in subsection (2ZC)(o) of that section (social work courses). (11) “The social work profession in England” has the meaning given in that section. (25F) (1) Before establishing a register under section 25D, a regulatory body— (a) must make an assessment of the likely impact of doing so, and (b) must consult such persons as it considers appropriate. (2) In performing the duty under subsection (1)(a), the body must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate. (3) An assessment under this section must, in particular, include an assessment of the likely impact of establishing the register on— (a) persons who would be eligible for inclusion in the register; (b) persons who employ persons who would be eligible for inclusion in the register; (c) users of health care, users of social care in England and users of social work services in England. (4) A regulatory body must publish any assessment it makes under this section. (5) In deciding whether to establish a register under section 25D, a regulatory body must have regard to the assessment it made under this section in relation to the register.

Accreditation of voluntary registers

229

(1) After section 25F of the National Health Service Reform and Health Care Professions Act 2002 insert—

(25G) (1) Where a regulatory body or other person maintains a voluntary register, the Authority may, on an application by the body or other person, take such steps as it considers appropriate for the purpose of establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation criteria”). (2) Accreditation criteria may, in particular, relate to— (a) the provision to the Authority of information in connection with the establishment, operation or maintenance of register; (b) publication of the names of persons included in the register or who have been removed from the register (whether voluntarily or otherwise); (c) the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal from the register. (3) If the Authority is satisfied that a voluntary register meets the accreditation criteria, it may accredit the register. (4) The Authority may carry out periodic reviews of the operation of registers accredited under this section for the purpose of establishing whether they continue to meet the accreditation criteria. (5) If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation of the register. (6) The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine. (7) The Authority must publish such accreditation criteria as it sets. (8) The Authority may publish a list of registers accredited under this section. (9) “Voluntary register” has the meaning given in section 25E. (25H) (1) Before accrediting a register under section 25G, the Authority— (a) must make an assessment of the likely impact of doing so, and (b) must consult such persons as it considers appropriate. (2) For that purpose, the Authority must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate. (3) An assessment under this section must, in particular, include an assessment of the likely impact of accrediting the register on— (a) persons who are, or are eligible to be, included in the register; (b) persons who employ persons who are, or are eligible to be, included in the register; (c) users of health care, users of social care in England and users of social work services in England. (4) For the purposes of subsection (3), the Authority may request the person who maintains the register to provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority may refuse to accredit the register. (5) The Authority may publish any assessment it makes under this section. (6) In deciding whether to accredit a register under section 25G, the Authority must have regard to its assessment under this section in relation to the register. (25I) (1) The Authority has the following functions— (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 voluntary registration functions, (b) to promote best practice in the performance of voluntary registration functions, and (c) to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles. (2) In this section— (a) a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and (b) “accredited voluntary register” means a register accredited under section 25G”.

(2) In section 26 of that Act (general powers and duties of the Authority), after subsection (2) insert—

(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) After subsection (3) of that section insert—

(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) After subsection (4) of that section insert—

(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) After subsection (12) of that section insert—

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

(6) In section 26A of that Act (powers of Secretary of State and devolved authorities to request advice etc.), after subsection (1A) (inserted by section 223(3)), insert—

(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, (b) participating in studies for the purpose of becoming a member of the social work profession in England; (c) participating in studies for the purpose of becoming an unregulated social care worker in England. (1E) In subsection (1D), “the social work profession in England” and “unregulated social care worker in England” each have the meaning given in section 25E.

(7) In section 26B of that Act (duty of the Authority to inform and consult the public), after subsection (1) insert—

(1A) The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions. (1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions. (1C) For the purposes of this section, the Authority's accreditation functions are— (a) its functions under sections 25G to 25I, (b) its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and (c) its function under section 26A(1B).

(8) In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.

(9) At the end of subsection (4) of that section insert “(other than its accreditation functions)”.

Consequential provision etc.

Consequential provisions and savings, etc.

230

(1) Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and savings relating to the preceding provisions of this Part) have effect.

(2) The Privy Council may by order make transitional, transitory or saving provision in connection with the commencement of the preceding provisions of this Part.

(3) The quorum for the exercise of the power under subsection (2) is two.

(4) Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument signed by the Clerk of the Council.

(5) In section 38 of the National Health Service Reform and Health Care Professions Act 2002 (regulations and orders), after subsection (4) insert—

(4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council.

(6) The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect the power to make a further Order in Council under that section amending or revoking provision made by those amendments.

The Office of the Health Professions Adjudicator

Abolition of the Office of the Health Professions Adjudicator

231

(1) The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.

(2) In Part 2 of the Health and Social Care Act 2008 (regulation of health professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment etc. of the OHPA).

(3) All property, rights and liabilities to which the OHPA is entitled or subject immediately before the commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of State.

(4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.

PART 8 — The National Institute for Health and Care Excellence

Establishment and general duties

The National Institute for Health and Care Excellence

232

(1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in this Part as “NICE”).

(2) Schedule 16 (which makes further provision about NICE) has effect.

General duties

233

(1) In exercising its functions NICE must have regard to—

(a) the broad balance between the benefits and costs of the provision of health services or of social care in England,

(b) the degree of need of persons for health services or social care in England, and

(2) NICE must exercise its functions effectively, efficiently and economically.

(3) In this Part—

“health services” means services which must or may be provided as part of the health service in England;

“social care” includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.

Functions: quality standards

Quality standards

234

(1) The relevant commissioner may direct NICE to prepare statements of standards in relation to the provision of—

(a) NHS services,

(b) public health services, or

(2) In this Part such a statement is referred to as a “quality standard”.

(3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the standard.

(4) NICE must keep a quality standard under review and may revise it as it considers appropriate.

(5) A quality standard (and any revised standard)—

(a) has no effect unless it is endorsed by the relevant commissioner, and

(b) must not be published by NICE unless the relevant commissioner so requires.

(6) The relevant commissioner may require NICE—

(a) to publish the standard (or revised standard) or to disseminate it to persons specified by the relevant commissioner, and

(b) to do so in the manner specified by the relevant commissioner.

(7) NICE must—

(a) establish a procedure for the preparation of quality standards, and

(b) consult such persons as it considers appropriate in establishing that procedure.

(8) Subsection (9) applies in a case where the Secretary of State and NHS England each has power under this section to give NICE a direction to prepare a quality standard in relation to the same matter or connected matters.

(9) In such a case—

(a) the Secretary of State and NHS England may issue a joint direction under subsection (1), and

(b) if they do so, NICE must prepare a joint quality standard in respect of the matter or matters concerned.

(10) In this section “the relevant commissioner”—

(a) in relation to a quality standard in relation to the provision of NHS services, means NHS England, and

(b) in relation to a quality standard in relation to the provision of public health services or of social care in England, means the Secretary of State,

and a reference to the relevant commissioner in relation to a joint quality standard is a reference to both the Secretary of State and NHS England.

(11) In this Part—

“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);

“public health services” means services provided pursuant to the functions of—the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, that Act, ora local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, that Act.

Supply of quality standards to other persons

235

(1) Regulations may confer powers on NICE in relation to the supply by NICE of quality standards to—

(a) devolved authorities;

(b) other persons (whether or not in the United Kingdom).

(2) The regulations may in particular—

(a) confer power on NICE to make such adjustments as NICE considers appropriate to a quality standard for the purposes of supplying it as mentioned in subsection (1), and

(b) provide for the imposition by NICE of charges for or in connection with the supply of a quality standard as so mentioned.

(3) Provision made under subsection (2)(b) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.

(4) In this section “devolved authority” means—

(a) the Scottish Ministers,

(b) the Welsh Ministers, and

Advice or guidance to the Secretary of State or the Board

236

(1) NICE must give advice or guidance to the Secretary of State or NHS England on any quality matter referred to it by the Secretary of State or (as the case may be) NHS England.

(2) “Quality matter”—

(a) in relation to the Secretary of State, means any matter in relation to which the Secretary of State has the power to direct NICE to prepare a quality standard, and

(b) in relation to NHS England, means any matter in relation to which NHS England has the power to direct NICE to prepare a quality standard.

Functions: advice, guidance etc.

Advice, guidance, information and recommendations

237

(1) Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of information or making of recommendations about any matter concerning or connected with the provision of—

(a) NHS services,

(b) public health services, or

(2) The regulations may provide that a function conferred under subsection (1)(a)—

(a) is only exercisable on the direction of the Secretary of State or NHS England;

(b) is subject to directions given by the Secretary of State or (as the case may be) NHS England about NICE's exercise of the function.

(3) The regulations may provide that a function conferred under subsection (1)(b) or (c)—

(a) is only exercisable on the direction of the Secretary of State;

(b) is subject to directions given by the Secretary of State about NICE's exercise of the function.

(4) Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance of advice, guidance or recommendations of NICE.

(5) The regulations may make provision about—

(a) the persons who may request or require that advice, guidance, information or recommendations be given, provided or (as the case may be) made by NICE,

(b) the publication or other dissemination of the advice, guidance, information or recommendations (whether by NICE, the Secretary of State or NHS England), and

(c) the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision of information or making of recommendations.

(6) Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.

(7) The regulations must make provision about—

(a) the establishment by NICE of procedures for the giving of advice or guidance, provision of information or making of recommendations under the regulations, and

(b) consultation by NICE in establishing the procedures.

(8) The regulations may make provision requiring specified health or social care bodies, or health or social care bodies of a specified description, to—

(a) have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE pursuant to the regulations;

(b) comply with specified recommendations, or recommendations of a specified description, made by NICE pursuant to the regulations.

(9) Provision made under subsection (8) may require a specified body, or bodies of a specified description, to have regard to advice or guidance or to comply with recommendations—

(a) generally in the exercise of functions, or

(b) in the exercise of specified functions or functions of a specified description.

(10) But provision made under subsection (8) may impose a requirement on a local authority, or a description of local authorities, only if the requirement relates to—

(a) the exercise by an authority of any of its functions under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006;

(b) the exercise by an authority of the functions of any other person by virtue of any provision of that Act.

(11) In this section—

“health or social care body” means any public body exercising functions in connection with the provision of health services or of social care in England;

“local authority” means—a county council in England;a district council in England, other than a council for a district in a county for which there is a county council;a London borough council;the Council of the Isles of Scilly;the Common Council of the City of London;

‘ “public body” means a body or other person whose functions—are of a public nature, orinclude functions of that nature,but, in the latter case, the body or person is a public body to the extent only of those functions;

“specified” means specified in the regulations.

NICE recommendations: appeals

238

(1) Regulations under section 237 may make provision about appeals against recommendations made by NICE pursuant to the regulations.

(2) The regulations may, in particular, include provision about—

(a) the types of recommendations in relation to which an appeal may be brought,

(b) the persons who may bring an appeal,

(d) the persons by whom an appeal is to be heard.

Training

239

(1) Regulations may confer functions on NICE in relation to providing, or facilitating the provision of, training in connection with any matter concerning or connected with the provision of—

(a) NHS services,

(b) public health services, or

(2) The regulations may provide that a function conferred under subsection (1)(a)—

(a) is only exercisable on the direction of NHS England;

(b) is subject to directions given by NHS England about NICE's exercise of the function.

(3) The regulations may provide that a function conferred under subsection (1)(b) or (c)—

(a) is only exercisable on the direction of the Secretary of State;

(b) is subject to directions given by the Secretary of State about NICE's exercise of the function.

(4) The regulations may provide for the imposition by NICE of charges for or in connection with the provision, or the facilitation of the provision, of training.

(5) Provision made under subsection (4) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.

Advisory services

240

(1) Regulations may confer functions on NICE in relation to the giving of advice to persons (whether or not in the United Kingdom) in relation to any matter concerning or connected with—

(a) the provision of health care,

(b) the protection or improvement of public health, or

(2) The regulations may make provision about the imposition of charges by NICE for or in connection with the giving of such advice.

(3) Provision made under subsection (2) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.

(4) In this Part “health care” includes all forms of health care provided for individuals whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

Commissioning guidance

241

(1) NHS England may direct NICE to exercise any of NHS England’s functions in relation to the preparation of the guidance required to be published by NHS England under section 14Z51 of the National Health Service Act 2006 so far as relating to arrangements for the provision of services as part of the health service (the “commissioning guidance”).

(2) A direction under subsection (1) may direct NICE to exercise the functions in such manner and within such period as may be specified in the direction.

(3) If requested to do so, NICE must—

(a) provide NHS England with information or advice on such matters connected to NHS England’s functions in respect of the commissioning guidance as may be specified in the request, and

(b) disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.

Functions: other

NICE’s charter

242

(1) Regulations may make provision requiring NICE to publish a document explaining the functions of NICE and how NICE intends to exercise them (referred to in this section as “the charter”).

(2) The regulations may, in particular, make provision about—

(a) the information to be provided in the charter,

(b) the timing of preparation of the charter,

(d) the manner in which the charter must or may be published.

Additional functions

243

(1) NICE may do any of the following—

(a) acquire, produce, manufacture and supply goods,

(b) acquire land by agreement and manage and deal with land,

(d) supply services to any person and provide new services,

(e) provide instruction for any person, and

(f) develop and exploit ideas and exploit intellectual property.

(2) But NICE may exercise a power under subsection (1) only—

(a) if doing so is connected with the provision of health care or social care, and

(b) to the extent that its exercise does not to any significant extent interfere with the performance by NICE of any function it has under or by virtue of any other provision of this Part.

(3) NICE may—

(a) charge for anything it does in the exercise of a power under subsection (1), and

(b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.

Arrangements with other bodies

244

(1) NICE may arrange with any person or body to provide, or assist in providing, any service which NICE is required or authorised to provide by virtue of this Part.

(2) The power under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to NICE.

Failure by NICE to discharge any of its functions

245

(1) The Secretary of State may give a direction to NICE if the Secretary of State considers that—

(a) NICE—

(i) is failing or has failed to discharge any of its functions, or

(ii) is failing or has failed properly to discharge any of its functions, and

(b) the failure is significant.

(2) A direction under subsection (1) may direct NICE to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.

(3) If NICE fails to comply with a direction under subsection (1), the Secretary of State may—

(a) discharge the functions to which it relates, or

(b) make arrangements for any other person to discharge them on the Secretary of State's behalf.

(4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.

(5) For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.

Protection from personal liability

246

(1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if there were included in the authorities referred to in that section a reference to NICE.

(2) In its application to NICE as provided for by subsection (1), section 265 of that Act has effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act.

Supplementary

Interpretation of this Part

247

In this Part—

“health care” has the meaning given by section 240(4);

“the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);

“health services” has the meaning given by section 233(3);

“NHS services” has the meaning given by section 234(11);

“public health services” has the meaning given by section 234(11);

“quality standard” has the meaning given by section 234(2);

“social care” has the meaning given by section 233(3).

Dissolution of predecessor body

248

The Special Health Authority known as the National Institute for Health and Clinical Excellence is abolished.

Consequential and transitional provision

249

(1) Schedule 17 (which contains consequential provision) has effect.

(2) A statement of standards prepared and published by the Institute before commencement is to be treated on and after commencement as if it were a quality standard—

(a) prepared and published by NICE in accordance with section 234,

(b) endorsed under subsection (5) of that section, and

(3) Subsections (4) to (6) apply to a case where before commencement—

(a) the Secretary of State has referred a matter to the Institute for the purpose of preparing and publishing a statement of standards, but

(b) the Institute has not published the statement.

(4) The referral by the Secretary of State to the Institute of the matter is to be treated on and after commencement as if it were a direction given to NICE by the transitional commissioner for the preparation of a quality standard in relation to that matter under section 234(1); and the transitional commissioner is to be treated as the relevant commissioner for the purposes of that section.

(5) Anything done by the Institute before commencement in relation to the matter is to be treated on and after commencement as having been done by NICE in pursuance of the direction.

(6) Consultation with any person undertaken by the Institute before commencement in relation to the matter is to be treated on and after commencement as if it were consultation by NICE under section 234(3) in relation to the preparation of the quality standard.

(7) A procedure established by the Institute before commencement for the preparation of statements of standards is to be treated on and after commencement as if it were a procedure established by NICE in accordance with section 234(7) for the preparation of quality standards.

(8) For the purposes of this section “the transitional commissioner” is the Secretary of State; but the Secretary of State, after consulting NHS England, may direct that in relation to a particular statement of standards or matter the transitional commissioner is—

(a) NHS England, or

(b) both the Secretary of State and NHS England.

(9) In this section—

“commencement” means the commencement of section 234;

“the Institute” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;

“statement of standards” means a document containing advice to the Secretary of State in relation to the quality of the provision of health care prepared and published by the Institute pursuant to the directions given to the Institute by the Secretary of State on 27 July 2009.

CHAPTER 1 — Information standards

Powers to publish information standards

250

(1) The Secretary of State or NHS England may prepare and publish an information standard.

(2) For the purposes of this Part “an information standard” is a standard in relation to the processing of information.

(2A) An information standard must specify to whom it applies.

(2B) An information standard may apply to one or more persons falling within the following paragraphs—

(a) the Secretary of State;

(b) NHS England;

(c) a public body which exercises functions in connection with the provision of health care or of adult social care in England;

(d) any person, other than a public body, who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act).

(3) The Secretary of State may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of health care or of adult social care in England.

(4) NHS England may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of NHS services.

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

(6) The Secretary of State must—

(a) have regard to any information standard published by NHS England that applies to the Secretary of State, and

(b) comply with any information standard published by the Secretary of State that applies to the Secretary of State.

(6A) Any other person to whom an information standard published under this section applies must comply with the information standard, except in so far as the requirement to comply is waived (see subsection (6B)).

(6B) Regulations may confer on a person who publishes an information standard the power to waive a person’s requirement to comply with the information standard (in whole or in part and generally or for a specific period).

(6C) The regulations may include provision—

(a) limiting the circumstances in which waivers may be granted;

(b) setting out the procedure to be followed in connection with waivers;

(6D) For enforcement of information standards against persons other than public bodies, see section 277E.

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Health and Social Care Act 2012

PART 7 — Regulation of health and social care workers

Orders under section 60 of the Health Act 1999

Power to regulate social workers etc. in England

209

Training etc. of approved mental health professionals in England

210

Orders regulating social care workers in England: further provision

211

The General Social Care Council

Abolition of the General Social Care Council

212

The Health and Care Professions Council

Regulation of social workers in England

213

The Health and Care Professions Council

214

Functions of the Council in relation to social work in England

215

Appeals in cases involving social workers in England

216

Approval of courses for approved mental health professionals

217

Exercise of function of approving courses, etc.

218

Arrangements with other health or social care regulators

219

References in enactments to registered health professionals, etc.

220

Role of the Secretary of State

Functions of the Secretary of State in relation to social care workers

221

The Professional Standards Authority for Health and Social Care

The Professional Standards Authority for Health and Social Care

222

Functions of the Authority

223

Funding of the Authority

224

Power to advise regulatory bodies, investigate complaints, etc.

225

Accountability and governance

226

Appointments to regulatory bodies

227

Establishment of voluntary registers

228

Accreditation of voluntary registers

229

Consequential provision etc.

Consequential provisions and savings, etc.

230

The Office of the Health Professions Adjudicator

Abolition of the Office of the Health Professions Adjudicator

231

PART 8 — The National Institute for Health and Care Excellence

Establishment and general duties

The National Institute for Health and Care Excellence

232

General duties

233

Functions: quality standards

Quality standards

234

Supply of quality standards to other persons

235

Advice or guidance to the Secretary of State or the Board

236

Functions: advice, guidance etc.

Advice, guidance, information and recommendations

237

NICE recommendations: appeals

238

Training

239

Advisory services

240

Commissioning guidance

241

Functions: other