Health and Social Care Act 2008

• (1) The Commission must co-operate with NHS England in the exercise of their respective functions.

• (2) In particular the Commission must—

• (a) give NHS England any information the Commission has about the provision of health care which the Commission or NHS England considers would assist NHS England in the exercise of —

• (i) its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or

• (ii) its functions under section 27A of the National Health Service Act 2006 (NHS trusts: oversight and support)

• (b) make arrangements with NHS England to ensure that—

• (i) a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and

• (ii) such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and

• (c) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.

• (3) Without prejudice to subsection (2)(a) the Commission must, on request, provide the NHS England with any material relevant to—

• (a) a review under section 46 ...,

• (b) a review or investigation under section 48, or

• (c) a study promoted, or undertaken, by the Commission under section 54,

so far as the material relates to the provision of health care by a person who holds a licence under the Health and Social Care Act 2012

• (4) In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act.

Provision of information by Auditor General for Wales

71

• (1) The Auditor General for Wales must, on request, provide the Commission with any information it may reasonably require for the purpose of making comparisons, in the exercise of its functions under section 54 so far as relating to health care or English NHS bodies, between English NHS bodies and Welsh NHS bodies.

• (2) In this section “Welsh NHS body” has the same meaning as in Part 3 of the Public Audit (Wales) Act 2004 (c. 23).

Provision of material to the Comptroller and Auditor General

72

The Commission must, on request, provide the Comptroller and Auditor General with any material relevant to—

• (a) a review under section 46 ... in respect of an English NHS body,

• (b) a review or investigation under section 48 in respect of such a body, or

• (c) a study promoted, or undertaken, by the Commission under section 54.

Arrangements with Ministers

73

• (1) The Commission and a Minister of the Crown may make arrangements for the Commission to—

• (a) perform any of its functions in relation to a prescribed health scheme, or a prescribed social care scheme, for which the Minister has responsibility;

• (b) provide services or facilities insofar as they are required by the Minister in connection with such a scheme.

• (2) Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.

• (3) Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to it of giving effect to the arrangements.

• (4) In this section—

• “health scheme” means a scheme which appears to the Secretary of State to be a health or medical scheme paid for out of public funds;

• “social care scheme” means a scheme which appears to the Secretary of State to be a social care scheme paid for out of public funds.

Arrangements with Northern Ireland Ministers

74

• (1) The Commission and a Northern Ireland Minister may make arrangements for the Commission to—

• (a) exercise on behalf of the Minister any function of the Minister which corresponds to a function of the Commission and relates to the Northern Ireland health service;

• (b) provide services or facilities insofar as they are required by the Minister in connection with the exercise by the Minister of any such functions.

• (2) Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.

• (3) Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to it of giving effect to the arrangements.

• (4) Any arrangements under subsection (1)(a) are not to affect the responsibility of the Minister on whose behalf the function is exercised.

• (5) In this section—

• “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department;

• “Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (c. 41).

Inquiries

Inquiries

75

• (1) The Secretary of State may cause an inquiry to be held into any matter connected with the exercise by the Commission of any of its functions.

• (2) Before an inquiry is begun, the Secretary of State may give a direction that it be held in private.

• (3) Where no such direction has been given, the person holding the inquiry may decide to hold it, or any part of it, in private.

• (4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.

• (5) The report of the person holding the inquiry is to be published, unless the Secretary of State considers that there are exceptional circumstances which make publication inappropriate.

• (6) Publication is to be in such manner as the Secretary of State considers appropriate.

Information

Disclosure of confidential personal information: offence

76

• (1) This section applies to information which—

• (a) has been obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and

• (b) relates to and identifies an individual.

• (2) A person is guilty of an offence if the person knowingly or recklessly discloses information to which this section applies during the lifetime of the individual.

• (3) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.

• (4) In relation to an offence committed before 2 May 2022, the reference in subsection (3)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

• (5) For the purposes of subsection (1)(b), information obtained by the Commission is to be treated as identifying an individual if the individual can be identified from a combination of—

• (a) that information, and

• (b) other information obtained by the Commission.

• (6) Reference in this section and in sections 77 to 80 to information obtained or disclosed by the Commission includes information obtained or disclosed by a person authorised by the Commission.

Defence

77

• (1) It is a defence for a person charged with an offence under section 76 to prove that at the time of the alleged offence—

• (a) any of the circumstances in subsection (2) applied in relation to the disclosure, or

• (b) the person reasonably believed that any of them so applied.

• (2) The circumstances are—

• (a) that the disclosure was made in a form in which the individual to whom the information relates is not identified;

• (b) that the disclosure was made with the consent of that individual;

• (c) that the information disclosed had previously been lawfully disclosed to the public;

• (d) that the disclosure was made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (complaints about health care or social services);

• (e) that the disclosure was made in accordance with any enactment or court order;

• (f) that the disclosure was necessary or expedient for the purposes of protecting the welfare of any individual;

• (g) that the disclosure was made to any person or body in circumstances where it was necessary or expedient for the person or body to have the information for the purpose of exercising functions of that person or body under any enactment.

• (3) It is also a defence for a person charged with an offence under section 76 to prove that the disclosure was made—

• (a) for the purpose of facilitating the exercise of any of the Commission's functions,

• (b) in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

• (c) for the purpose of criminal proceedings (whether or not in the United Kingdom).

• (4) If a person charged with an offence under section 76 relies on a defence in subsection (1) or (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

• (5) For the purposes of subsection (2)(a), information disclosed by a person is to be treated as being in a form in which an individual is identified if the individual can be identified from a combination of—

• (a) the information, and

• (b) other information disclosed by the person or by the Commission.

Use of information etc.

78

Information obtained by, or documents or records produced to, the Commission in connection with any of its functions may be used by the Commission in connection with any of its other functions.

Permitted disclosures

79

• (1) Subsections (2) and (3) apply to any information obtained by the Commission in the course of exercising any of its functions.

• (2) In the case of information relating to an individual, the Commission may disclose the information if—

• (a) the disclosure is made in a form in which the individual is not identified, or

• (b) the disclosure is made with the consent of the individual.

• (3) In all cases (whether or not relating to an individual), the Commission may disclose the information if—

• (a) the information has previously been lawfully disclosed to the public,

• (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (complaints about health care or social services),

• (c) the disclosure is made in accordance with any enactment or court order,

• (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

• (e) the disclosure is made to any person or body in circumstances where it is necessary or expedient for the person or body to have the information for the purpose of exercising functions of that person or body under any enactment,

• (f) the disclosure is made for the purpose of facilitating the exercise of any of the Commission's functions,

• (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

• (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).

• (4) Subsections (2) and (3) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

• (5) For the purposes of subsection (2)(a), information disclosed by the Commission is to be treated as being in a form in which an individual is identified if the individual can be identified from a combination of—

• (a) the information, and

• (b) other information disclosed by the Commission.

Code of practice on confidential personal information

80

• (1) The Commission must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.

• (2) The code must in particular make provision—

• (a) about the obtaining by the Commission of information which, once obtained, will be confidential personal information, and

• (b) about the handling, use and disclosure by the Commission of confidential personal information.

• (3) Before publishing the code, the Commission must consult—

• (a) NHS England, and

• (b) such other persons as it considers appropriate.

• (4) The Commission must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).

• (5) In this section “confidential personal information” means information which—

• (a) is obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and

• (b) relates to and identifies an individual.

• (6) For the purposes of subsection (5)(b), information obtained by the Commission is to be treated as identifying an individual if the individual can be identified from a combination of—

• (a) the information, and

• (b) other information obtained by the Commission.

Further provisions about functions of Commission

Publication of programme of reviews etc.

81

• (1) The Commission must from time to time prepare and publish a document setting out—

• (a) the special reviews and investigations that it proposes to conduct under section 48,

• (b) the studies that it proposes to undertake under section 54, and

• (c) the reviews that it proposes to conduct under section 57.

• (2) Before preparing a document under subsection (1) the Commission must consult—

• (a) the Secretary of State,

• (aa) NHS England, and

• (b) any other person or body specified by an order made by the Secretary of State,

and it must send each of those persons or bodies a copy of the document once it is prepared.

• (3) The Commission may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of subsection (1) (so long as the requirements of subsection (2) are complied with in relation to the document or documents concerned).

• (4) Nothing in a document published under subsection (1) is to be regarded—

• (a) as affecting any power of the Secretary of State to require a review or investigation to be conducted or a study to be undertaken, or

• (b) as preventing the Commission from conducting an investigation under section 48 where the Commission considers there to be a risk to the health, safety or welfare of persons receiving health or social care.

Failure by the Commission in discharge of its functions

82

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

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

• (b) is failing or has failed properly to discharge any of its functions and that the failure is significant..

• (1A) The Secretary of State may give a direction to the Healthwatch England committee if the Secretary of State considers that the committee—

• (a) is failing or has failed to discharge a function under section 45A or any other function it is required to discharge, or

• (b) is failing or has failed properly to discharge a function under that section or any other function it is required to discharge,

and that the failure is significant.

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

• (2A) But the Secretary of State may not give a direction under subsection (1) or (1A) in relation to the performance of functions in a particular case.

• (3) If the Commission or the committee fails to comply with a direction under subsection (1) or (1A), the Secretary of State may—

• (a) discharge the functions to which the direction 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) , (1A) or (3), the Secretary of State must publish the 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; and “ the health service ” has the same meaning as in the National Health Service Act 2006.

Reports for each financial year etc.

83

• (1) As soon as possible after the end of each financial year, the Commission must make a report on each of the following matters—

• (a) the way in which it has exercised its functions during the year,

• (b) the provision of NHS care during the year,

• (c) the provision of adult social services during the year,

• (d) the carrying on of regulated activities during the year, and

• (e) the steps taken by it during the year to implement the proposals in its statement under section 5 (statement on user involvement).

• (1A) The reference in subsection (1)(a) to the Commission's functions does not include a reference to its functions under section 45A.

• (2) The Commission may comply with subsection (1) by preparing a single document or separate documents on each of the matters mentioned there.

• (2A) The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the year concerned.

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

• (4) The Commission must—

• (a) lay before Parliament a copy of each report made under subsection (1), and

• (b) send a copy of each such report to the Secretary of State.

• (5) The Commission must also provide the Secretary of State with such reports and information relating to the exercise of its functions as the Secretary of State may from time to time request.

• (6) Subsection (1)(a) does not apply to the Commission's functions under the Mental Health Act 1983 (c. 20).

• (7) In this section, “financial year” means—

• (a) the period beginning with the date on which the Commission is established and ending with the next 31 March following that date, and

• (b) each successive period of 12 months ending with 31 March.

Reports and information

84

• (1) Subsections (2) and (3) apply to a report published by the Commission under any provision of this Part or of the Mental Health Act 1983.

• (2) The Commission must make copies of the report available for inspection at its offices by any person at any reasonable time.

• (3) Any person who requests a copy of the report is entitled to have one on payment of such reasonable fee (if any) as the Commission considers appropriate.

• (4) The Commission may charge a person such reasonable fee as it considers appropriate where it provides the person, on request, with any other information relevant to the exercise of the Commission's functions under this Part.

Fees

Fees

85

• (1) The Commission may with the consent of the Secretary of State from time to time make and publish provision—

• (a) requiring a fee to be paid in respect of—

• (i) an application for registration as a service provider or manager under Chapter 2,

• (ii) the grant or subsistence of any such registration, or

• (iii) an application under section 19(1);

• (b) requiring English NHS bodies, English local authorities, persons registered under Chapter 2 and such other persons as may be prescribed to pay a fee in respect of the exercise by the Commission of such of its other functions under this Part as may be prescribed.

• (2) The amount of a fee payable under provision under subsection (1) is to be such as may be specified in, or calculated or determined under, the provision.

• (3) Provision under subsection (1) may include provision—

• (a) for different fees to be paid in different cases,

• (b) for different fees to be paid by persons of different descriptions,

• (c) for the amount of a fee to be determined by the Commission in accordance with specified factors, and

• (d) for determining the time by which a fee is to be payable.

• (4) Before making provision under subsection (1) the Commission must consult such persons as it thinks appropriate.

• (5) If the Secretary of State considers it necessary or desirable to do so, the Secretary of State may by regulations make provision determining the amount of a fee payable to the Commission by virtue of this section, and the time at which it is payable, instead of those matters being determined in accordance with provision made under subsection (1).

• (6) Before making any regulations under this section, the Secretary of State must consult the Commission and such other persons as the Secretary of State thinks appropriate.

• (7) For the purpose of determining the fee payable by a person by virtue of this section, the person must provide the Commission with such information, in such form, as the Commission may require.

• (8) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Enforcement

Penalty notices

86

• (1) Where the Commission is satisfied that a person has committed a fixed penalty offence, the Commission may give the person a penalty notice in respect of the offence.

• (2) A fixed penalty offence is any Part 1 offence that is prescribed for the purposes of this section.

• (3) A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.

• (4) Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

• (5) Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays a penalty in accordance with the notice.

• (6) Penalties under this section are payable to the Commission.

• (7) Penalties received by the Commission under this section must be paid to the Secretary of State.

Penalty notices: supplementary provision

87

• (1) Regulations may make—

• (a) provision as to the form and content of penalty notices,

• (b) provision as to the monetary amount of the penalty and the time by which it is to be paid,

• (c) provision determining the methods by which penalties may be paid,

• (d) provision as to the records to be kept in relation to penalty notices,

• (e) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

• (i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

• (ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

• (f) provision for a certificate—

• (i) purporting to be signed by or on behalf of a prescribed person, and

• (ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

• (g) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice, and

• (h) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

• (2) Regulations under subsection (1)(b)—

• (a) may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

• (b) must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction or, where there is no such maximum amount, £50,000.

• (3) In this section—

• “penalty” means a penalty under a penalty notice;

• “penalty notice” has the meaning given by section 86(3).

Guidance by the Commission in relation to enforcement action

88

• (1) The Commission must issue guidance about how it will exercise its functions under any of the following provisions of this Part—

• (a) section 12(5) (variation, removal or imposition of condition in relation to registration as a service provider),

• (b) section 15(5) (variation, removal or imposition of condition in relation to registration as a manager),

• (c) sections 17 and 18 (cancellation or suspension of registration),

• (d) sections 29 and 29A (warning notice),

• (e) section 86 (penalty notices), and

• (f) section 89 (publication of information).

• (2) The guidance may also include guidance, in relation to any Part 1 offence, as to the circumstances in which the Commission is likely to take criminal proceedings for the offence.

• (3) The Commission may from time to time revise guidance published by it under this section and issue the revised guidance.

• (4) Before issuing any guidance or revised guidance under this section, the Commission must consult—

• (a) such persons as may be prescribed, and

• (b) such other persons as the Commission considers appropriate.

Publication of information relating to enforcement action etc.

89

• (1) Regulations may authorise or require the publication by the Commission of prescribed information relating to—

• (a) the cancellation or suspension of a person's registration under Chapter 2;

• (b) the conviction of any person in respect of a Part 1 offence and the penalty imposed;

• (c) the variation or removal under section 12(5)(a) or 15(5)(a) of any condition for the time being in force in relation to a person's registration;

• (d) the imposition under section 12(5)(b) or 15(5)(b) of any additional condition;

• (e) a warning notice under section 29 or 29A;

• (f) the payment by any person of a penalty in accordance with a penalty notice issued under section 86, and the offence to which the notice relates.

• (2) Any regulations made by virtue of subsection (1)(e) must require the Commission, before publishing information relating to a warning notice under section 29 or 29A, to provide the person to whom the notice was given with an opportunity to make representations to the Commission relating to the matters dealt with in the notice.

• (3) The regulations may prescribe the time when, and manner in which, any information is to be published.

Proceedings for offences

90

• (1) Proceedings in respect of a Part 1 offence may not, without the written consent of the Attorney General, be taken by any person other than—

• (a) the Commission, or

• (b) in relation to any functions of the Commission which the Secretary of State is for the time being discharging by virtue of section 82, the Secretary of State.

• (2) Proceedings for a Part 1 offence may be brought within a period of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge; but no such proceedings are to be brought by virtue of this subsection more than 3 years after the commission of the offence.

Offences by bodies corporate

91

• (1) This section applies where a Part 1 offence is committed by a body corporate.

• (2) If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) any director, manager or secretary of the body corporate, or

• (b) any person who was purporting to act in any such capacity,

that director, manager, secretary or person purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

• (3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

• (a) to any other similar officer of the body, and

• (b) where the body is an English NHS body or English local authority, to any officer or member of the NHS body or local authority.

Unincorporated associations

92

• (1) Proceedings for a Part 1 offence alleged to have been committed by an unincorporated association are to be brought in the name of the association (and not in that of any of the members).

• (2) Rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.

• (3) In proceedings for a Part 1 offence brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply as they apply in relation to a body corporate.

• (4) A fine imposed on an unincorporated association on its conviction for a Part 1 offence is to be paid out of the funds of the association.

• (5) If a Part 1 offence committed by an unincorporated association is proved—

• (a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

• (b) to be attributable to any neglect on the part of such an officer or member,

the officer or member (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.

Service of documents

Service of documents

93

• (1) Any notice required under this Part to be given to a person (“R”) may be given to R—

• (a) by being delivered personally to R,

• (b) by being sent to R—

• (i) by a registered post service, as defined by section 125(1) of the Postal Services Act 2000 (c. 26), or

• (ii) by a postal service which provides for the delivery of the document to be recorded, or

• (c) subject to section 94, by being sent to R by an electronic communication.

• (2) Where a notice is given as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.

• (2A) Where a notice is given as mentioned in subsection (1)(c) in accordance with section 94, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted; and in this subsection “working day” means any day other than—

• (a) a Saturday or Sunday;

• (b) Christmas Day or Good Friday; or

• (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England.

• (3) Any notice required under this Part to be given to a body corporate or firm is duly given if it is given to the secretary or clerk of that body or a partner of that firm.

• (4) For the purposes of section 7 of the Interpretation Act 1978 (c. 30) in its application to this section, the proper address of a person is—

• (a) in the case of a person registered under Chapter 2 who has notified the Commission under regulations under section 16 (regulations about registration) of an address for service, that address, and

• (b) in any other case, the address determined in accordance with subsection (5).

• (5) That address is—

• (a) in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,

• (b) in the case of a partner of a firm, the address of the principal office of the firm, and

• (c) in any other case, the last known address of the person.

• (6) In this section and in section 94—

• (a) “electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7),

• (b) “notice” includes any other document, and

• (c) a reference to a notice being given by or to a person includes a reference to a notice being served by or on a person.

Electronic communications

94

• (1) If a notice required or authorised under this Part to be given by or to a person is sent by an electronic communication, it is to be treated as given only if the requirements of subsection (2) or (3) are met.

• (2) If the person required or authorised to give the notice is the Commission—

• (a) the person to whom the notice is required or authorised to be given must have indicated to the Commission the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and

• (b) the notice must be sent to the address provided by that person.

• (3) If the person required or authorised to give the notice is not the Commission, the notice must be sent in such manner as the Commission may require.

• (4) An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given by the Commission under this Part or may be limited to notices of a particular description.

• (5) A requirement imposed by the Commission under subsection (3) must be published in such manner as the Commission thinks appropriate for the purpose of bringing it to the attention of persons who are likely to be affected by it.

Further amendments

Further amendments relating to Part 1

95

Schedule 5 (which contains further amendments relating to the provisions of this Part) has effect.

Crown application

Application of Part 1 to Crown

96

• (1) Any provision made by or under Chapter 2 or 3 or this Chapter binds the Crown, but does not affect Her Majesty in her private capacity.

• (2) Subsection (1)—

• (a) does not require regulations made under section 8 to be made so as to apply to activities carried on by or on behalf of the Crown, and

• (b) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (references to Her Majesty in her private capacity) were contained in this Act.

• (3) No contravention of any provision made by or under Chapter 2 or 3 or this Chapter is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (4) The provisions of Chapters 2 and 3 and this Chapter apply to persons in the public service of the Crown as they apply to other persons.

• (5) If the Secretary of State certifies that it appears to the Secretary of State requisite or expedient in the interests of national security that the powers of entry and inspection conferred by sections 62 and 63—

• (a) should not be exercisable in relation to any premises which are used by or on behalf of the Crown and are specified in the certificate, or

• (b) should not be exercisable in relation to any premises which are so used and are specified in the certificate, except in circumstances specified in the certificate,

those powers are not exercisable in relation to those premises or (as the case may be) are not exercisable in relation to those premises except in those circumstances.

Interpretation

General interpretation of Part 1

97

• (1) In this Part—

• “adult social services” means—services which are provided or commissioned by an English local authority in the exercise of its adult social services functions, andservices which are provided or commissioned by an English local authority under section 2(1)(b) of the Local Government Act 2000 (c. 22) or section 1 of the Localism Act 2011 and which are similar in nature to a service which could be provided by the authority in the exercise of any of its adult social services functions;

• “adult social services functions” means social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) so far as relating to persons aged 18 or over, excluding any function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 (c. 40) applies;

• “the Commission” means the Care Quality Commission;

• “cross-border Special Health Authority” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));

• “English local authority” means—a county council in England,a metropolitan district council,a non-metropolitan district council for an area for which there is no county council,a London borough council,the Common Council of the City of London, orthe Council of the Isles of Scilly;

• “English NHS body” means—......a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, NHS England, an integrated care board, an NHS foundation trust, ora Special Health Authority performing functions only or mainly in respect of England;

• “English NHS provider” means—...a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, oran NHS foundation trust;

• “health care” has the meaning given by section 9(2) (but see subsection (2) below);

• “health or social care” has the meaning given by section 9(4);

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

• “NHS care” means health care commissioned by NHS England or by an integrated care board (whether from an English NHS provider or not), or ...

• “Part 1 offence” means an offence under this Part or under regulations under this Part;

• “prescribed” means prescribed by regulations;

• “regulated activity” has the meaning given by section 8;

• “regulations” means regulations made by the Secretary of State;

• “regulatory functions”, in relation to the Commission, is to be read in accordance with section 60(2);

• “social care” has the meaning given by section 9(3).

• (2) Except in Chapter 2, any reference in this Part to the provision of health care includes a reference to—

• (a) the provision of services connected with the provision of health care, and

• (b) the promotion and protection of public health.

• (2A) Any reference in this Part to health care commissioned by NHS England or by an integrated care board is a reference to health care provided by other persons pursuant to arrangements made by NHS England or an integrated care board (including arrangements made by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006).

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

• (4) Any reference in this Part to adult social services commissioned by an English local authority is a reference to adult social services provided by other persons pursuant to arrangements made by the authority.

• (5) Any reference in this Part to a person who carries on a regulated activity includes a reference to a person who carries it on otherwise than for profit.

• (6) Any reference in this Part to the provision of health care, or adult social services, by a person includes a reference to the provision of that care, or those services, by that person's agent or sub-contractor.

• (7) In its application to a function conferred on the Commission by regulations under section 59(1)(b), Chapter 6 has effect as if any reference in Chapter 6 to an English NHS body included a reference to a cross-border Special Health Authority.

Part 2 — Regulation of health professions and health and social care workforce

The Office of the Health Professions Adjudicator

The Office of the Health Professions Adjudicator

98.

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

Functions under Medical Act 1983 and Opticians Act 1989

99.

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

Fitness to practise panels

100.

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

Lists of persons eligible for membership of fitness to practise panels

101.

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

Further provisions about listed persons

102.

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

Legal assessors

103.

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

Clinical and other specialist advisers

104.

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

Procedural rules

105.

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

Administration of oaths and issuing of witness summonses etc.

106.

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

Duty to inform the public

107.

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

Duty to consult

108.

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

OHPA rules: supplementary

109.

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

Fees payable by General Medical Council and General Optical Council

110.

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

Amendments of Part 3 of Health Act 1999

Extension of powers under s. 60 of Health Act 1999

111

Schedule 8 (which contains amendments of section 60 of, and Schedule 3 to, the 1999 Act) has effect.

Standard of proof in fitness to practise proceedings

112

After section 60 of the 1999 Act insert—

(60A) (1) The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings. (2) Subsection (1) applies to any proceedings before— (a) the Office of the Health Professions Adjudicator, or (b) a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body, which relate to a person's fitness to practise a profession to which section 60(2) applies. (3) In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies. (4) An Order in Council under section 60 may not— (a) amend this section, or (b) make any provision that is inconsistent with subsection (1).

The Council for Healthcare Regulatory Excellence

The Council for Healthcare Regulatory Excellence

113

• (1) The Council for the Regulation of Health Care Professionals is to be known instead as the Council for Healthcare Regulatory Excellence.

• (2) Accordingly, in section 25 of the 2002 Act (which establishes the Council), in subsection (1), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

• (3) After subsection (2) of that section insert—

(2A) The main objective of the Council in exercising its functions under subsection (2)(b) to (d) is to promote the health, safety and well-being of patients and other members of the public.

Constitution etc. of Council

114

• (1) Schedule 7 to the 2002 Act (which contains provisions relating to the Council) is amended as follows.

• (2) For paragraph 4 substitute—

(4) The Council is to consist of— (a) a chair appointed by the Privy Council, (b) one non-executive member appointed by the Scottish Ministers, (c) one non-executive member appointed by the Welsh Ministers, (d) one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland, (e) three non-executive members appointed by the Secretary of State, and (f) two executive members appointed in accordance with paragraph 11.

• (3) In paragraph 6—

• (a) for paragraph (a) substitute—

(a) the conditions to be fulfilled for appointment as chair or other member of the Council,

,

• (b) in paragraph (b), for “chairman and other members” substitute “ chair and non-executive members ”, and

• (c) before the “and” at the end of paragraph (b) insert—

(ba) the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair,

.

• (4) In paragraph 10, for “chairman” (wherever occurring) substitute “ chair ”.

• (5) For paragraph 11 substitute—

(11) (1) The Council may appoint the executive members referred to in paragraph 4(f) on such terms and conditions as the Council may determine. (2) The executive members must be employees of the Council. (3) Any decision of the Council under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e). (4) The Council may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.

• (6) In paragraph 16 after sub-paragraph (1) insert—

(1A) The report must state— (a) how the Council, in exercising its functions, has promoted the health, safety and well-being of patients and other members of the public, and (b) how far, in the opinion of the Council, each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons.

Powers and duties of Council

115

In section 26 of the 2002 Act (powers and duties of the Council: general), for subsection (4) substitute—

(4) Subsection (3) does not prevent the Council 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, or (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.

Powers of Secretary of State and devolved administrations

116

• (1) After section 26 of the 2002 Act insert—

(26A) (1) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Council for advice on any matter connected with a profession appearing to the person making the request to be a health care profession; and the Council must comply with such a request. (2) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may require the Council to investigate and report on a particular matter in respect of which the Council's functions are exercisable. (3) In this section “the relevant Northern Ireland department” means the Department of Health, Social Services and Public Safety in Northern Ireland.

• (2) In section 26 of the 2002 Act (powers and duties of the Council: general), omit subsections (7) and (8) (which are superseded by subsection (1) of this section).

Duty to inform and consult the public

117

After section 26A of the 2002 Act insert—

(26B) (1) For the purpose of ensuring that members of the public are informed about the Council and the exercise by it of its functions, the Council must publish or provide in such manner as it thinks fit information about the Council and the exercise of its functions. (2) Nothing in subsection (1) authorises or requires the publication or provision of information if the publication or provision of that information— (a) is prohibited by any enactment, or (b) would constitute or be punishable as a contempt of court. (3) In subsection (2) “enactment” has the same meaning as in Part 2 of the Health and Social Care Act 2008. (4) The Council must from time to time seek the views of— (a) members of the public, and (b) bodies which appear to the Council to represent the interests of patients, on matters relevant to the exercise by it of its functions.

Reference of cases by Council to court

118

• (1) Section 29 of the 2002 Act (reference of disciplinary cases by Council to court) is amended as follows.

• (2) In subsection (1)—

• (a) for paragraph (a) substitute—

(a) a direction of— (i) the Health Committee of the Royal Pharmaceutical Society of Great Britain under article 51 of the Pharmacists and Pharmacy Technicians Order 2007 (powers concerning registration), or (ii) the Disciplinary Committee of that Society under article 52 of that Order (powers concerning registration) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),

,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in paragraph (e) omit the words from “(other than a determination” to the end,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) for paragraph (g) substitute—

(g) any step taken— (i) by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or (ii) by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),

,

• (f) for paragraph (h) substitute—

(h) any step taken— (i) by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or (ii) by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),

, and

• (g) for paragraph (j) substitute—

(j) any corresponding measure taken in relation to a member of a profession regulated by the Health Professions Order 2001, under that Order.

• (3) For subsection (5) substitute—

(5) In subsection (4), the “relevant court” — (a) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session, (b) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and (c) in the case of any other person, means the High Court of Justice in England and Wales.

• (4) In subsection (6) for the words from “four weeks beginning with the last date” to the end substitute “ 40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision ”.

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

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

Conduct and performance of medical practitioners and other health care workers

Responsible officers and their duties relating to medical profession

119

After Part 5 of the Medical Act 1983 (c. 54) insert—

(45A) (1) The appropriate authority may by regulations make provision for or in connection with requiring designated bodies to nominate or appoint persons who are to have such responsibilities as may be conferred on them by virtue of section 45B. (2) A person who is so nominated or appointed by a designated body is to be known as its responsible officer (but this is subject to any provision made by virtue of subsection (5)(e)). (3) In this Part “designated body” means— (a) a body falling within any description of bodies prescribed for the purposes of this section, or (b) any other body prescribed for those purposes. (4) The descriptions of bodies, or particular bodies, that may be so prescribed are descriptions of bodies, or particular bodies, appearing to the appropriate authority— (a) to provide, or arrange for the provision of, health care, or (b) to employ or contract with medical practitioners. (5) Regulations under this section may make provision— (a) for conditions that must be satisfied in relation to a person if that person is to be nominated or appointed as, or remain as, a responsible officer of a designated body, (b) authorising or requiring a designated body to nominate or appoint more than one responsible officer, (c) for a single person to be nominated or appointed as the responsible officer for each of two or more designated bodies where those bodies are satisfied as to the prescribed matters, (d) requiring a designated body that has a responsible officer to provide to the officer, or, if that designated body does not employ the officer, to the employer of the officer, funds and other resources necessary for enabling the officer to discharge the officer's prescribed responsibilities as a responsible officer for the designated body, (e) for the persons nominated or appointed as mentioned in subsection (1) to be known by such name as is prescribed, and (f) for making such amendments of any enactment as appear to the appropriate authority to be required in connection with any provision made by virtue of paragraph (e). (6) The conditions imposed under subsection (5)(a) may in particular include a requirement for the designated body to consult the General Council before nominating or appointing any person as a responsible officer for the body. (7) Regulations under this section may in prescribed cases provide that a responsible officer for a designated body is to be nominated by the appropriate authority instead of the designated body. (8) In this section— - “enactment” includes any provision of, or any instrument made under, Northern Ireland legislation; - “health care” means services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; - “illness” has the same meaning as in section 25(1) of the Health Act 2006. (45B) (1) Regulations under section 45A may make provision for or in connection with— (a) conferring on the responsible officer or officers for a designated body responsibilities relating to the evaluation of the fitness to practise of medical practitioners having a prescribed connection with that body, and (b) requiring a responsible officer for a designated body to co-operate with the General Council, any of its committees, or any persons authorised by the General Council, in connection with the exercise by any of them of functions under Part 3A or 5 of this Act. (2) Where a designated body has more than one responsible officer, regulations under section 45A may make provision for or in connection with the division of prescribed responsibilities among those officers, including provision for the division to be determined by the designated body. (3) The power by virtue of subsection (1)(a) to prescribe the connection between a medical practitioner and a designated body includes, in particular, power to prescribe a connection based on any of the following circumstances— (a) the practitioner being employed by the designated body, (b) the practitioner providing services to the designated body, (c) the practitioner being employed by a person who provides services to the designated body, (d) the practitioner providing services in the geographical area in relation to which the designated body exercises functions in relation to the provision of the health service, or (e) the practitioner being employed by or providing services to, or pursuant to arrangements made by, a body which is located in the geographical area in relation to which the designated body exercises functions in relation to the provision of the health service but is not itself a designated body. (4) A designated body may confer on any of its responsible officers such powers as it considers appropriate to enable the officer to discharge any of the officer's prescribed responsibilities as a responsible officer for the body. (5) If a designated body requires any of its responsible officers to carry out any functions other than the officer's prescribed responsibilities, it must in doing so have regard to the officer's prescribed responsibilities. (6) In this section “the health service” means— (a) the health service as defined by section 275(1) of the National Health Service Act 2006 or section 206(1) of the National Health Service (Wales) Act 2006, (b) the health service as defined by section 108(1) of the National Health Service (Scotland) Act 1978, or (c) any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006. (45C) (1) Regulations under section 45A may— (a) create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and (b) create other procedures for enforcing any provisions of the regulations. (2) Regulations under section 45A may require a designated body or a responsible officer to have regard to any guidance given from time to time by the appropriate authority or any other prescribed person in relation to the nomination or appointment of responsible officers or their prescribed responsibilities. (3) Regulations under section 45A may make provision requiring— (a) a body which employs, or is provided with services by, a medical practitioner, or which arranges for others to be provided with services by a medical practitioner, but which is not a designated body, or (b) a medical practitioner, to provide, to the responsible officer with prescribed responsibilities relating to that medical practitioner or to the designated body for which the officer is a responsible officer or, if that designated body does not employ the responsible officer, to the employer of the officer, funds and other resources necessary for enabling the responsible officer to discharge the officer's prescribed responsibilities relating to that medical practitioner. (4) Regulations under section 45A may make provision for or in connection with requiring prescribed persons to supply information or produce documents to a responsible officer in connection with the discharge of the prescribed responsibilities of the responsible officer. (45D) (1) This Part binds the Crown. (2) No contravention by the Crown of any provision of this Part or regulations made under this Part makes the Crown criminally liable; but the High Court (or, in Scotland, the Court of Session) may declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) The provisions of this Part apply to persons in the service of the Crown as they apply to other persons. (4) Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act. (45E) (1) The power of the Secretary of State to make regulations under section 45A is exercisable by statutory instrument. (2) Before making any regulations under section 45A, the Secretary of State must consult— (a) the Scottish Ministers, if the regulations extend to Scotland, and (b) the Welsh Ministers, if the regulations apply to Wales. (3) A statutory instrument that— (a) contains regulations made by the Secretary of State under section 45A, and (b) is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament. (4) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Secretary of State by virtue of section 45B unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (5) The power of the Department of Health, Social Services and Public Safety in Northern Ireland to make regulations under section 45A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (6) A statutory rule that— (a) contains regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 45A, and (b) is not subject to a requirement that a draft of the statutory rule be laid before, and approved by a resolution of, the Northern Ireland Assembly, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954. (7) The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Department by virtue of section 45B unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (8) Regulations under section 45A may make different provision for different cases. (45F) In this Part— - “the appropriate authority” means— 1. in relation to England and Wales or Scotland, the Secretary of State, or 2. in relation to Northern Ireland, the Department of Health, Social Services and Public Safety in Northern Ireland; - “designated body” has the meaning given by section 45A(3); - “prescribed” means prescribed by regulations under section 45A.

Additional responsibilities of responsible officers: England and Wales and Northern Ireland

120

• (1) Regulations under this section may confer on a responsible officer nominated or appointed for the purposes of regulations under section 45A of the Medical Act 1983 (c. 54) (requirement to nominate or appoint responsible officer) additional responsibilities that relate to—

• (a) the entry by the designated body into contracts of employment with medical practitioners or into contracts for the provision of services by such practitioners,

• (b) the monitoring of the conduct or performance of medical practitioners who have a prescribed connection with the designated body, or

• (c) ensuring that appropriate action is taken in response to concerns about such conduct or performance,

but do not relate to the regulation under that Act of the medical profession.

• (2) Subject to subsection (3), the power to make regulations under this section is exercisable—

• (a) in relation to England, by the Secretary of State,

• (b) in relation to Wales, by the Welsh Ministers, or

• (c) in relation to Northern Ireland, by the Department of Health, Social Services and Public Safety in Northern Ireland.

• (3) In relation to cross-border bodies, the power to make regulations under this section is exercisable by the Secretary of State after consultation with the Welsh Ministers.

• (4) For the purposes of this section a “cross-border body” is a body which—

• (a) performs (and only performs) functions in respect of England and Wales, and

• (b) does not perform functions mainly in respect of England or mainly in respect of Wales.

• (5) Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983 (c. 54) (provisions that may be included in regulations under section 45A of that Act and responsibilities of responsible officers) apply in relation to regulations under this section as they apply in relation to regulations under section 45A of that Act but as if—

• (a) references to prescribed responsibilities were references to responsibilities conferred by regulations under this section,

• (b) the reference in section 45B(2) to regulations under section 45A were a reference to regulations under this section, and

• (c) the reference in section 45B(3) to subsection (1)(a) of that section were a reference to subsection (1)(b) of this section.

• (6) Subject to subsection (7), regulations under this section may require a designated body or a responsible officer to have regard to any guidance given from time to time by the Secretary of State, the Welsh Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland (as the case may be), or by any other person prescribed by the regulations, in relation to responsibilities conferred on responsible officers by the regulations.

• (7) In relation to cross-border bodies, the reference in subsection (6) to the Secretary of State is to be read as a reference to the Secretary of State after consultation with the Welsh Ministers.

• (8) Expressions used in this section and in Part 5A of the Medical Act 1983 (responsible officers) have the same meaning in this section as in that Part.

Co-operation between prescribed bodies

121

• (1) The appropriate Minister may by regulations make provision for or in connection with requiring a designated body to co-operate with any other designated body in connection with—

• (a) the sharing of information which relates to the conduct or performance of any health care worker and which may show that that worker is likely to constitute a threat to the health and safety of patients,

• (b) the provision of information in response to requests for information from any other designated body about the conduct or performance of any health care worker,

• (c) the consideration of any issues which arise as a result of the acts mentioned in paragraphs (a) and (b), and

• (d) the taking of any prescribed steps following such consideration.

• (2) Regulations under this section may make provision requiring a designated body to disclose the information referred to in subsection (1)(a) and any information disclosed under subsection (1)(b) to any other designated body in prescribed circumstances, or in circumstances where it appears to that body that the prescribed conditions are satisfied, whether or not the disclosure of information has been requested.

• (3) Regulations under this section may—

• (a) create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and

• (b) create other procedures for enforcing any provisions of the regulations.

• (4) Regulations under this section may require a designated body to have regard to any guidance given from time to time by the appropriate Minister or any other prescribed person.

• (5) In making regulations under this section the appropriate Minister must have regard to the importance of avoiding unfair prejudice to health care workers against whom unsubstantiated allegations are made.

• (6) In this section—

• “the appropriate Minister” means the Secretary of State except that, in relation to co-operation by a Welsh health body or a Welsh social services body, it means the Welsh Ministers;

• “designated body” means—any body which is a designated body for the purposes of Part 5A of the Medical Act 1983 (c. 54), andany other body prescribed for the purposes of this section;

• “health care” has the meaning given by section 45A(8) of the Medical Act 1983;

• “health care worker” means—any person who is a member of a prescribed profession concerned with the physical or mental health of individuals, orany person who—is employed by a designated body,provides services to a designated body, oris employed by a person who provides services to a designated body,for purposes connected with the provision of health care;

• “prescribed” means prescribed by regulations under this section;

• “Welsh health body” means—a Welsh NHS body, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), orany other person providing or arranging for the provision of health care in Wales;

• “Welsh social services body” means—the council of a county or county borough in Wales, ora body engaged in the provision of Welsh local authority social services, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003.

Ss. 120 and 121: Crown application

122

• (1) Sections 120 and 121 bind the Crown.

• (2) No contravention by the Crown of any provision of either of those sections or regulations made under them makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) The provisions of those sections apply to persons in the service of the Crown as they apply to other persons.

• (4) Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

Hearing Aid Council

Dissolution of Hearing Aid Council

123

• (1) The Hearing Aid Council is dissolved.

• (2) The Hearing Aid Council Act 1968 (c. 50) and the Hearing Aid Council (Extension) Act 1975 (c. 39) cease to have effect.

• (3) An order under section 170(3) may not appoint a day for the coming into force of—

• (a) subsection (1), or

• (b) subsection (2), so far as relating to the profession mentioned in section 60(2)(ca) of the Health Act 1999 (c. 8),

unless the following conditions are met.

• (4) Those conditions are—

• (a) that an Order in Council under section 60 of the Health Act 1999 (regulation of health care and associated professions) has made provision by virtue of subsection (2)(ca) of that section (regulation of dispensers of hearing aids), and

• (b) that the day appointed under section 170(3) is not earlier than the day on which the Order in Council, so far as making such provision, comes into force.

• (5) The Secretary of State may by order make provision for the transfer of property, rights and liabilities of the Hearing Aid Council to any relevant regulatory body or to the Secretary of State.

• (6) For that purpose a “relevant regulatory body” is any body which under an Order in Council under section 60 of the Health Act 1999 (c. 8) is responsible for the regulation of the profession mentioned in subsection (2)(ca) of that section.

Regulation of social care workforce

Regulation of social care workers

124

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

Standard of proof in proceedings relating to registration of social care worker

125

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

Approved mental health professionals

Education and training of approved mental health professionals

126

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

General

Further amendments relating to Part 2

127

Schedule 10 (which contains further amendments relating to this Part) has effect.

Interpretation of Part 2

128

In this Part—

• “the 1999 Act” means the Health Act 1999 (c. 8);

• “the 2002 Act” means the National Health Service Reform and Health Care Professions Act 2002 (c. 17);

• “enactment” means an enactment contained in, or in an instrument made under—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation;

• ...

Part 3 — Public health protection

Public health protection

129

Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert—