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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 5 — Miscellaneous

    101

 

                         as it considers appropriate.

           (10)          A scheme may direct that prescribed enactments relating to the

administration of benefit under the Social Security Administration Act

1992 (c.5) (including enactments relating to offences and criminal

proceedings) are to have effect for the purpose of administering the

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scheme subject to such modifications (if any) as may be prescribed.

           (11)          In this section—

                                  “benefit”, in relation to a scheme, means a benefit under the

scheme;

                                  “children” has such meaning as may be prescribed;

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                                  “clinic” includes such arrangements (if any) for examining

persons, treating patients or enabling advice or information to

be given to persons, as may be prescribed;

                                  “enactment” includes an Act of the Scottish Parliament and a

provision made under an enactment;

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                                  “food” includes vitamins, minerals and other dietary

supplements;

                                  “health service body” and “health service professional” have such

meaning as may be prescribed;

                                  “information provider” means the person who is required to

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provide information or, where that person is a body corporate,

any person who is, or at any time has been, an officer or

employee of the body corporate;

                                  “parental responsibility” has such meaning as may be prescribed;

                                  “pregnant” includes recently pregnant;

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                                  “prescribed” means prescribed by regulations;

                                  “regulations”, except in subsection (7), means regulations made by

the Secretary of State;

                                  “scheme” means a scheme made under this section;

                                  “women” includes persons under the age of 18.”

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     (2)    In section 15A of that Act—

           (a)           in subsection (2), after the first “instrument” insert “made by the

Secretary of State”; and

           (b)           omit subsection (3).

 182   Replacement of the Welfare Food Schemes: Northern Ireland

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An Order in Council under paragraph 1(1) of the Schedule to the Northern

Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of

devolved government) which contains a statement that it is made only for

purposes corresponding to those of section 181 above—

           (a)           is not subject to paragraph 2 of that Schedule (affirmative resolution of

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both Houses of Parliament), but

           (b)           is subject to annulment in pursuance of a resolution of either House of

Parliament.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 5 — Miscellaneous

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Appointments and employment

 183   Appointments to certain health and social care bodies

     (1)    This section applies to a body (however established) which has functions

relating to—

           (a)           health;

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           (b)           social care;

           (c)           the regulation of professions associated with health or social care.

     (2)    The Secretary of State may direct a Special Health Authority to exercise so

much of the appointments function relating to a body to which this section

applies as is specified in the direction.

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     (3)    If the Secretary of State gives a direction under subsection (2) the 1977 Act has

effect as if—

           (a)           the direction is a direction of the Secretary of State under section 16D of

that Act;

           (b)           the function is exercisable by the Special Health Authority under

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section 16D.

     (4)    If the Secretary of State gives a direction under subsection (2) in respect of a

body which exercises functions in relation to any part of the United Kingdom

other than England and Wales subsection (5) applies—

           (a)           at the time the direction is given;

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           (b)           for the purposes of anything done by a Special Health Authority in

pursuance of the direction.

     (5)    Sections 11 and 16D of and (so far as relating to a Special Health Authority)

Schedule 5 to the 1977 Act and any other provision of that Act which relates to

the exercise of the function in pursuance of the direction must be taken to

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extend to any part of the United Kingdom in relation to which the body

exercises functions.

     (6)    The appointments function is any function exercisable by the Secretary of State

in relation to—

           (a)           the appointment of persons to be members of a body to which this

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section applies;

           (b)           the removal (whether permanently or otherwise) of such persons from

the membership of the body,

            and includes any function relating to the appointment to or removal from

(whether permanently or otherwise) any particular office in the membership of

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the body.

     (7)    For the purposes of this section it is immaterial that a body has functions

relating to matters other than those specified in subsection (1).

     (8)    Schedule 12 amends certain enactments which provide for appointments to be

made to certain bodies by or on the advice of the Privy Council.

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     (9)    If in the exercise of a power conferred by virtue of that Schedule the Privy

Council gives a direction corresponding to a direction given by the Secretary

of State under subsection (2) above, subsections (3) to (5) above apply for the

purposes of the Privy Council’s direction as they apply for the purposes of a

direction given by the Secretary of State.

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Health and Social Care (Community Health and Standards) Bill
Part 5 — Miscellaneous

    103

 

 184   Appointments to certain health and social care bodies: joint functions

     (1)    This section applies if (apart from section 183) the appointments function in

relation to a body is exercisable jointly or concurrently with a person who is not

a Minister of the Crown.

     (2)    A requirement to exercise the function jointly or concurrently does not prevent

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the Secretary of State from making a direction in relation to the body but he

must not do so unless he first consults the other person.

     (3)    If a direction is given as mentioned in subsection (2) so much of the functions

of the Secretary of State and of the other person as are specified in the direction

is exercisable by the Special Health Authority acting alone.

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     (4)    Subsections (2) and (3) do not apply if the other person is the Scottish Ministers

but that does not prevent the Secretary of State from giving a direction under

section 183 in relation to the exercise of any function he has.

     (5)    Appointments function has the same meaning as in section 183.

 185   Validity of clearance for employment in certain NHS posts

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     (1)    In section 7 of the Protection of Children Act 1999 (c. 14) (effect of inclusion of

person on lists relating to suitability for child care positions) after subsection

(3) there are inserted the following subsections—

           “(3A)              This section does not apply in relation to an offer of relevant NHS

employment if each of the following paragraphs applies in respect of

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the individual to whom the offer is made—

                  (a)                 at the time the offer is made he is employed by an NHS body;

                  (b)                 that NHS body has ascertained that he is not included in the list

kept under section 1 above or (during the period that he is

employed by that body) another NHS body or an employment

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agency or employment business has ascertained that he is not

included in the list;

                  (c)                 subsection (1A) (inserted by paragraph 26(2) of Schedule 4 to

the Care Standards Act 2000) does not apply to him;

                  (d)                 he accepts the offer and for so long as he is employed in the

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employment to which the offer relates paragraph (c) applies.

           (3B)              Relevant NHS employment is employment in a child care position with

an NHS body.

           (3C)              Each of the following is an NHS body—

                  (a)                 a National Health Service trust;

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                  (b)                 a Strategic Health Authority;

                  (c)                 an NHS foundation trust;

                  (d)                 a Health Authority;

                  (e)                 a Local Health Board;

                  (f)                 a Special Health Authority;

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                  (g)                 a Primary Care Trust.”

     (2)    In section 89 of the Care Standards Act 2000 (c. 14) (effect of inclusion of person

on lists relating to suitability for care positions) after subsection (4) there are

 

 

Health and Social Care (Community Health and Standards) Bill
Part 5 — Miscellaneous

    104

 

inserted the following subsections—

           “(4A)              This section does not apply in relation to an offer of relevant NHS

employment if each of the following paragraphs applies in respect of

the individual to whom the offer is made—

                  (a)                 at the time the offer is made he is employed by an NHS body;

5

                  (b)                 that NHS body has ascertained that he is not included in the list

kept under section 81 above or (during the period that he is

employed by that body) another NHS body or an employment

agency or employment business has ascertained that he is not

included in the list;

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                  (c)                 subsection (2) does not apply to him;

                  (d)                 he accepts the offer and for so long as he is employed in the

employment to which the offer relates paragraph (c) applies.

           (4B)              Relevant NHS employment is employment in a care position with an

NHS body.

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           (4C)              Each of the following is an NHS body—

                  (a)                 a National Health Service trust;

                  (b)                 a Strategic Health Authority;

                  (c)                 an NHS foundation trust;

                  (d)                 a Health Authority;

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                  (e)                 a Local Health Board;

                  (f)                 a Special Health Authority;

                  (g)                 a Primary Care Trust.”

     (3)    Section 7(3A)(b) of the Protection of Children Act 1999 (c. 14) has effect until

the coming into force of paragraph 121 of Schedule 21 to the Education Act

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2002 (c. 32) as if for “the list kept under section 1 above” there is substituted

“any of the lists mentioned in subsection (1)(a)”.

     (4)    The effect of subsections (1) to (3) is to be disregarded in determining for the

purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order

to make provision reforming law which imposes burdens) whether any

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provision of either of the following Acts falls within subsection (4)(a) of that

section (provision amended by an Act within previous two years)—

           (a)           the Protection of Children Act 1999 (c. 14);

           (b)           the Care Standards Act 2000 (c. 14).

Public Health Laboratory Service Board

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 186   Abolition of Public Health Laboratory Service Board

     (1)    The Public Health Laboratory Service Board is abolished.

     (2)    Schedule 13 has effect.

     (3)    On the day this section is commenced by order under section 194 the property,

rights and liabilities of the Board vest in the Secretary of State.

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