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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

105

 

   

“information provider” means the person who is required to

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;

   

“pregnant” includes recently pregnant;

5

   

“prescribed” means prescribed by regulations;

   

“regulations”, except in subsection (6), means regulations made by

the Secretary of State;

   

“scheme” means a scheme made under this section;

   

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

10

(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).

186     

Replacement of the Welfare Food Schemes: Northern Ireland

15

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 185 above—

(a)   

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

20

both Houses of Parliament), but

(b)   

is subject to annulment in pursuance of a resolution of either House of

Parliament.

Appointments and employment

187     

Appointments to certain health and social care bodies

25

(1)   

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

relating to—

(a)   

health;

(b)   

social care;

(c)   

the regulation of professions associated with health or social care.

30

(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.

(3)   

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

effect as if—

35

(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

section 16D.

(4)   

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

40

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;

 

 

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

106

 

(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

5

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

10

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

15

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 11 amends certain enactments which provide for appointments to be

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

20

(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.

25

188     

Appointments to certain health and social care bodies: joint functions

(1)   

This section applies if (apart from section 187) 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

30

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 187 in relation to the exercise of any function he has.

(5)   

Appointments function has the same meaning as in section 187.

189     

Validity of clearance for employment in certain NHS posts

40

(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

 

 

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

107

 

(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

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 1 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;

10

(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

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

(3B)   

Relevant NHS employment is employment in a child care position with

15

an NHS body.

(3C)   

Each of the following is an NHS body—

(a)   

a National Health Service trust;

(b)   

a Strategic Health Authority;

(c)   

an NHS foundation trust;

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(d)   

a Health Authority;

(e)   

a Local Health Board;

(f)   

a Special Health Authority;

(g)   

a Primary Care Trust.”

(2)   

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

25

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

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—

30

(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 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

35

included in the list;

(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

40

NHS body.

(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;

45

(d)   

a Health Authority;

(e)   

a Local Health Board;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 6 — Final provisions

108

 

(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

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

5

“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

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

10

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

190     

Abolition of Public Health Laboratory Service Board

15

(1)   

The Public Health Laboratory Service Board is abolished.

(2)   

Schedule 12 has effect.

(3)   

On the day this section is commenced by order under section 199 the property,

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

Other provisions

20

191     

Loans by Secretary of State to NHS trusts

(1)   

Paragraph 1 of Schedule 3 to the National Health Service and Community Care

Act 1990 (c. 19) (borrowings of NHS trusts) is amended as follows.

(2)   

In sub-paragraph (6), the words “, with the consent of the Treasury,” are

omitted.

25

192     

Amendment of provision relating to reform of Welsh health authorities

In section 27 of the Government of Wales Act 1998 (c. 38) (reform of Welsh

health authorities), in subsection (7), for “(5)(b)” substitute “(7)(b)”.

Part 6

Final provisions

30

193     

Financial provisions

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by the Secretary of State by virtue of this Act;

and

(b)   

any increase attributable to this Act in the sums payable out of money

35

so provided under any other Act.

 

 

 
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