Health and Social Care Act 2008

Section 127

SCHEDULE 10 U.K. Further amendments relating to Part 2

Provision consequential on section 113(1) U.K.

1 (1) Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence. U.K.

(2) Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.

Commencement Information

I1 Sch. 10 para. 1 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(i)

Public Records Act 1958 (c. 51) U.K.

2 U.K. In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—

(a) for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

(b) at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Commencement Information

I2 Sch. 10 para. 2(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(ii)

I3 Sch. 10 para. 2(b) in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(i)

Public Bodies (Admission to Meetings) Act 1960 (c. 67) U.K.

3 U.K. In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—

(a) in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—

“(bca) the Council for Healthcare Regulatory Excellence;

(bcb) the Office of the Health Professions Adjudicator;”, and

(b) in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—

“(ca) the Council for Healthcare Regulatory Excellence;

(cb) the Office of the Health Professions Adjudicator;”.

Commencement Information

I4 Sch. 10 para. 3 in force at 1.1.2009 for specified purposes by S.I. 2008/3244, art. 2(i)(iii)

I5 Sch. 10 para. 3 in force at 25.1.2010 in so far as not already in force by S.I. 2010/23, art. 2(h)(ii)

House of Commons Disqualification Act 1975 (c. 24) U.K.

4 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—

(a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

(b) at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Commencement Information

I6 Sch. 10 para. 4(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(iv)

I7 Sch. 10 para. 4(b) in force at 28.9.2009 by S.I. 2009/2567, art. 2(d)

Northern Ireland Assembly Disqualification Act 1975 (c. 25) U.K.

5 U.K. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—

(a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

(b) at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Commencement Information

I8 Sch. 10 para. 5(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(v)

I9 Sch. 10 para. 5(b) in force at 28.9.2009 by S.I. 2009/2567, art. 2(d)

Race Relations Act 1976 (c. 74) U.K.

6 U.K. In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty)—

(a) in Part 2, at the appropriate place under the heading “Health” insert— “ The Office of the Health Professions Adjudicator. ”, and

(b) in Part 3, for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”.

Commencement Information

I10 Sch. 10 para. 6(a) in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(iii)

I11 Sch. 10 para. 6(b) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(vi)

Dentists Act 1984 (c. 24) U.K.

Prospective

7 U.K. In section 27 of the Dentists Act 1984 (allegations against registered dentists), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.

8 U.K. In section 36A of the Dentists Act 1984 (professions complementary to dentistry), in subsection (1)(b), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

Commencement Information

I12 Sch. 10 para. 8 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(vii)

Prospective

F1 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 10 para. 9 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)

Health Act 1999 (c. 8) U.K.

10 U.K. In section 60 of the 1999 Act (regulation of health care and associated professions), in subsection (1)(c), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

Commencement Information

I13 Sch. 10 para. 10 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(viii)

11 U.K. In section 62 of the 1999 Act (regulations and orders), for subsection (4) substitute—

“(4) Any power under this Act to make Orders in Council or orders—

(a) may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b) may be exercised so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition, and

(c) may, in particular, be exercised so as to make different provision for different areas.

(4A) Any such power includes power—

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and

(b) to provide for a person to exercise a discretion in dealing with any matter.”

Commencement Information

I14 Sch. 10 para. 11 partly in force; Sch. 10 para. 11 in force for specified purposes at Royal Assent, see s. 170

I15 Sch. 10 para. 11 in force at 1.1.2009 in so far as not already in force by S.I. 2008/3244, art. 3(d)

12 U.K. In Schedule 3 to the 1999 Act (regulation of health care and associated professions), in paragraph 7(4), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

Commencement Information

I16 Sch. 10 para. 12 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(ix)

Freedom of Information Act 2000 (c. 36) U.K.

13 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—

(a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

(b) at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Commencement Information

I17 Sch. 10 para. 13(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(x)

I18 Sch. 10 para. 13(b) in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(iv)

Prospective

Nursing and Midwifery Order 2001 (S.I. 2002/253) U.K.

F2 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 10 para. 14 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)

Prospective

Health Professions Order 2001 (S.I. 2002/254) U.K.

F3 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 10 para. 15 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)

National Health Service Reform and Health Care Professions Act 2002 (c. 17) U.K.

16 U.K. For the title to section 25 of the 2002 Act, and for the heading immediately preceding the section, substitute “The Council for Healthcare Regulatory Excellence”.

Commencement Information

I19 Sch. 10 para. 16 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xi)

17 (1) Section 25 of the 2002 Act is amended as follows. U.K.

(2) In subsection (3), for paragraphs (h) and (i) substitute—

“(ga) the Nursing and Midwifery Council,

(gb) the Health Professions Council, and”.

(3) In that subsection, for paragraph (j) substitute—

“(j) any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.”

(4) In subsection (6), omit “and (3)”.

Commencement Information

I20 Sch. 10 para. 17 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xii)

Prospective

F4 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 10 para. 18 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)

19 U.K. For the title to Schedule 7 to the 2002 Act substitute “The Council for Healthcare Regulatory Excellence”.

Commencement Information

I21 Sch. 10 para. 19 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiii)

Health Act 2006 (c. 28) U.K.

20 U.K. In section 58 of the Health Act 2006 (which enables the Secretary of State to arrange for appointment functions of the Secretary of State to be exercised by the Appointments Commission), in subsection (3), for the words from “chairmen” to the end substitute—

“(a) chairmen and non-executive members of any of the statutory bodies listed in Schedule 5, and

(b) non-executive members of the Council for Healthcare Regulatory Excellence.”

Commencement Information

I22 Sch. 10 para. 20 in force at 25.8.2008 by S.I. 2008/2214, art. 2(b)

21 U.K. In section 60 of the Health Act 2006 (which enables the Privy Council to arrange for its functions relating to the appointment of regulatory bodies to be exercised by the Appointments Commission), after subsection (2) insert—

“(3) The Commission is to exercise so much of any function of the Privy Council relating to the appointment of—

(a) the chair of the Council for Healthcare Regulatory Excellence, or

(b) members of the Office of the Health Professions Adjudicator,

as may be specified in a direction given by the Privy Council.”

Commencement Information

I23 Sch. 10 para. 21 in force at 25.8.2008 for specified purposes by S.I. 2008/2214, art. 2(c)

I24 Sch. 10 para. 21 in force at 4.6.2009 in so far as not already in force by S.I. 2009/1310, art. 2(a)

22 U.K. In section 63 of the Health Act 2006 (Appointments Commission to assist other bodies with appointments), after subsection (6) insert—

“(6A) The Commission may enter into arrangements under subsection (6B) with the Office of the Health Professions Adjudicator.

(6B) Arrangements under this subsection are arrangements providing for the Commission to assist the Office of the Health Professions Adjudicator in connection with the exercise of its powers relating to—

(a) the appointment of executive members of the Office of the Health Professions Adjudicator, or

(b) the appointment of persons to lists under section 101 of the Health and Social Care Act 2008 (lists of persons eligible for membership of the OHPA's fitness to practise panels).”

Commencement Information

I25 Sch. 10 para. 22 in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(v)

23 U.K. In Schedule 5 to the Health Act 2006 (Appointments Commission: list of statutory bodies), omit the entry relating to the Council for the Regulation of Health Care Professionals.

Commencement Information

I26 Sch. 10 para. 23 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)

National Health Service Act 2006 (c. 41) U.K.

24 U.K. In section 201 of the National Health Service Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.

Commencement Information

I27 Sch. 10 para. 24 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)

National Health Service (Wales) Act 2006 (c. 42) U.K.

25 U.K. In section 149 of the National Health Service (Wales) Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.

Commencement Information

I28 Sch. 10 para. 25 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)

National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335) U.K.

26 U.K. In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—

(a) for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

(b) at the appropriate place insert— “ Office of the Health Professions Adjudicator; ”.

Commencement Information

I29 Sch. 10 para. 26(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xv)

I30 Sch. 10 para. 26(b) in force at 28.9.2009 by S.I. 2009/2567, art. 2(d)

Prospective

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289) U.K.

F5 27 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 10 para. 27 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 71(4); S.I. 2012/1319, art. 2(3)