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

(The document as of February, 2008)

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(3) The regulations may in particular make provision as to--

(a) cases and circumstances in which access is to be permitted,

(b) limitations or conditions to which access is to be subject.

(4) In subsection (1), "local authorities" has the same meaning as in section 31 of the 1999 Act (arrangements between NHS bodies and local authorities).

18 Annual reports

(1) Every Patients' Forum must--

(a) prepare a report in relation to its activities in each financial year, and

(b) as soon as possible after the end of each financial year, send a copy of its report for that year to the trust for which it is established, and to the persons mentioned in subsection (2).

(2) Those persons are--

(a) the Secretary of State,

(b) the Commission for Patient and Public Involvement in Health,

(i) any part of the area of the Primary Care Trust for which the Forum is established, or

(ii) all or most of the hospitals, establishments and facilities of the NHS trust for which the Forum is established,

(d) any relevant overview and scrutiny committee within the meaning given by section 15.

(3) A report under this section relating to any year must include details of the arrangements maintained by the Forum in that year for obtaining the views of patients.

(4) In this section, "financial year", in relation to a Patients' Forum, means--

(a) the period beginning with the date on which the Forum is established and ending with the next 31st March, and

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

19 Supplementary

(1) The Secretary of State may by regulations make further provision in relation to Patients' Forums.

(2) The regulations may in particular make provision as to--

(a) the appointment of members,

(b) any qualification or disqualification for membership,

(d) circumstances in which a person is to cease to be a member or may be suspended,

(e) the proceedings of Patients' Forums,

(f) the discharge of any function of a Patients' Forum by a committee of the Forum or by a joint committee appointed with another Forum,

(g) the appointment, as members of a committee or joint committee, of persons who are not members of the Forum or Forums concerned,

(h) the funding of Patients' Forums and the provision of premises, other facilities and staff,

(i) the payment of travelling and other allowances to members of a Patients' Forum or of a committee of a Forum or a joint committee of two or more Forums (including attendance allowances or compensation for loss of remunerative time),

(j) the preparation by a Patients' Forum of annual accounts, and their inclusion in accounts of the Commission for Patient and Public Involvement in Health,

(k) the provision of information (including descriptions of information which are or are not to be provided) to a Patients' Forum by an NHS trust, a Primary Care Trust, a Strategic Health Authority, the Commission for Patient and Public Involvement in Health or a person providing independent advocacy services (within the meaning given by section 19A of the 1977 Act),

(l) the provision of information by a Patients' Forum to another person (including another Forum),

(m) the referral of matters by a Patients' Forum to a relevant overview and scrutiny committee (within the meaning given by section 15),

(n) the preparation and publication of reports by Patients' Forums (including the publication of reports under section 18),

(o) matters to be included in any such report,

(p) the furnishing and publication by NHS trusts, Primary Care Trusts and Strategic Health Authorities of comments on reports or recommendations of Patients' Forums.

(3) The regulations must secure that the members of a Patients' Forum include--

(a) at least one person who is a member or representative of a voluntary organisation whose purpose, or one of whose purposes, is to represent the interests of--

(i) persons for whom services are being provided under the 1977 Act, or

(ii) persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment, and

(b) at least one person for whom services are being or have been provided by the trust for which the Patients' Forum is established.

(4) The regulations must also secure that the members of a Patients' Forum established for a Primary Care Trust also include--

(a) at least one member of the Patients' Forum established for each NHS trust all or most of whose hospitals, establishments and facilities are situated in the area of the Primary Care Trust, and

(b) if it appears to the Commission for Patient and Public Involvement in Health that there is a body which represents members of the public in the Primary Care Trust's area in matters relating to their health, at least one person who is a member or representative of that body (or, if there is more than one such body, of any of those bodies).

(5) The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents), with or without modifications.

(6) In section 134 of the Mental Health Act 1983 (c. 20) (correspondence of patients), in subsection (3)(e), after "Community Health Council" there is inserted ", a Patients' Forum".

(7) In Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 41 there is inserted--

" 41A A Patients' Forum established under section 15 of the National Health Service Reform and Health Care Professions Act 2002. "

20 The Commission for Patient and Public Involvement in Health

(1) There shall be a body corporate to be known as the Commission for Patient and Public Involvement in Health ("the Commission") to exercise the functions set out in subsections (2) to (5) (in addition to its function of appointing members of Patients' Forums).

(2) The Commission has the following functions--

(a) advising the Secretary of State, and such bodies as may be prescribed, about arrangements for public involvement in, and consultation on, matters relating to the health service in England,

(b) advising the Secretary of State, and such bodies as may be prescribed, about arrangements for the provision in England of independent advocacy services,

(c) representing to the Secretary of State and such bodies as may be prescribed, and advising him and them on, the views, as respects the arrangements referred to in paragraphs (a) and (b), of Patients' Forums and those voluntary organisations and other bodies appearing to the Commission to represent the interests of patients of the health service in England and their carers,

(d) providing staff to Patients' Forums established for Primary Care Trusts, and advice and assistance to Patients' Forums and facilitating the co-ordination of their activities,

(e) advising and assisting providers of independent advocacy services in England,

(f) setting quality standards relating to any aspect of --

(i) the way Patients' Forums exercise their functions, and

(ii) the services provided by independent advocacy services in England,

monitoring how successfully they meet those standards, and making recommendations to them about how to improve their performance against those standards,

(g) such other functions in relation to England as may be prescribed.

(3) It is also the function of the Commission to promote the involvement of members of the public in England in consultations or processes leading (or potentially leading) to decisions by those mentioned in subsection (4), or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public.

(4) The decisions in question are those made by--

(a) health service bodies,

(b) other public bodies, and

(5) It is also the function of the Commission--

(a) to review the annual reports of Patients' Forums made under section 18, and

(b) to make, to the Secretary of State or to such other persons or bodies as the Commission thinks fit, such reports or recommendations as the Commission thinks fit concerning any matters arising from those annual reports.

(6) If the Commission--

(a) becomes aware in the course of exercising its functions of any matter connected with the health service in England which in its opinion gives rise to concerns about the safety or welfare of patients, and

(b) is not satisfied that the matter is being dealt with, or about the way it is being dealt with,

the Commission must report the matter to whichever person or body it considers most appropriate (or, if it considers it appropriate to do so, to more than one person or body).

(7) Bodies to whom the Commission might report a matter include--

(a) the regulatory body for the profession of a person working in the health service,

(b) the Commission for Health Improvement.

(8) The Commission may make such charges as it thinks fit for the provision of advice and other services (but this is subject to any prescribed limitation).

(9) The Secretary of State may by regulations make further provision in relation to the Commission.

(10) The regulations may, in particular, make provision as to the provision of information (including descriptions of information which are or are not to be provided) to the Commission by a Strategic Health Authority, a Special Health Authority, an NHS trust, a Primary Care Trust, a Patients' Forum or a provider of independent advocacy services.

(11) Schedule 6 (which makes further provision about the Commission) is to have effect.

(12) In this section--

"carer" and "patient" have the same meaning as in section 15,
"the health service" has the same meaning as in the 1977 Act, except that it includes services provided in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority,
"health service bodies" means Strategic Health Authorities, Primary Care Trusts and NHS trusts,
"independent advocacy services" means services provided under section 19A of the 1977 Act (independent advocacy services),
"prescribed" means prescribed by regulations made by the Secretary of State,
"section 31 arrangements" means arrangements under regulations under section 31 of the 1999 Act (arrangements between NHS bodies and local authorities).

21 Overview and scrutiny committees

In section 7 of the Health and Social Care Act 2001 (c. 15) (health-related functions of overview and scrutiny committees), in subsection (3)(b), at the end there is inserted "or to the relevant authority".

22 Abolition of Community Health Councils in England

(1) The Community Health Councils established for districts in England under section 20 of the 1977 Act are abolished.

(2) That section shall cease to have effect in its application to the area of any Health Authority established for an area in England and to any Community Health Council established for a district in England.

(3) The Association of Community Health Councils for England and Wales ("ACHCEW") established under paragraph 5 of Schedule 7 to the 1977 Act is also abolished.

(4) The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.

(5) The Secretary of State may by order make provision--

(a) as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

(b) as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

(6) The following fall within this subsection--

(a) the Secretary of State,

(b) a Health Authority established for an area in England,

(d) an NHS trust,

(e) a Primary Care Trust.

(7) Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.

(8) If section 1 comes into force before this section--

(a) the references to Health Authorities in section 20 of and Schedule 7 to the 1977 Act are to be construed (until this section comes into force) as including references to Strategic Health Authorities, and

(b) the references in this section to Health Authorities established for areas in England are to have effect as references to Strategic Health Authorities.

(9) If this section comes into force before section 1, the reference in subsection (6)(b) to a Health Authority established for an area in England is to be construed, after section 1 comes into force, as a reference to a Strategic Health Authority.

Joint working

23 Joint working with the prison service

(1) In exercising their respective functions, NHS bodies (on the one hand) and the prison service (on the other) shall co-operate with one another with a view to improving the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.

(2) The appropriate authority may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and the prison service (on the other) to enter into prescribed arrangements in relation to the exercise of--

(a) prescribed functions of the NHS bodies, and

(b) prescribed health-related functions of the prison service,

if the arrangements are likely to lead to an improvement in the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.

(3) The arrangements which may be prescribed include arrangements--

(a) for or in connection with the establishment and maintenance of a fund--

(i) which is made up of contributions by one or more NHS bodies and by the prison service, and

(ii) out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the prison service,

(b) for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of theirs,

(c) for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service,

(d) as to the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a), (b) or (c),

(e) as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b),

(f) as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c).

(4) Any arrangements made by virtue of this section do not affect the liability of NHS bodies, or of the prison service, for the exercise of any of their functions.

(5) In this section--

"appropriate authority" means--
(a)
the Secretary of State, in relation to England, and
(b)
the National Assembly for Wales, in relation to Wales,
"NHS bodies" means Strategic Health Authorities, Primary Care Trusts, NHS trusts, Special Health Authorities, Health Authorities and Local Health Boards,
"prison service" means the Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 (c. 52)),
"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

24 Health and well-being strategies in Wales

(1) It is the duty of --

(a) each local authority in Wales, and

(b) each Local Health Board any part of whose area lies within the area of the local authority,

jointly to formulate and implement a strategy for the health and well-being of members of the public in the local authority's area (a "health and well-being strategy").

(2) The local authority and the Local Health Board (or Boards) responsible for a health and well-being strategy are referred to below as the "responsible bodies".

(3) The responsible bodies are to have regard to their strategy in the exercise of their functions.

(4) Each strategy is to be formulated in relation to a period of time to be specified in regulations to be made by the National Assembly for Wales.

(5) The National Assembly for Wales may by regulations make further provision about health and well-being strategies.

(6) The regulations may, in particular, make provision as to--

(a) the imposition of a duty on the responsible bodies to co-operate in formulating their strategy with prescribed persons or descriptions of person (including, for example, NHS trusts, Community Health Councils, voluntary bodies, and local businesses),

(b) steps which the responsible bodies must take before formulating the strategy,

(d) publication of the strategy,

(e) monitoring and review by the responsible bodies of the strategy and its implementation,

(f) the production of information and reports by the responsible bodies in relation to the strategy,

(g) the avoidance of duplication in the preparation of health and well-being strategies and other prescribed strategies or plans provided for under any other enactment.

(7) The National Assembly for Wales may--

(a) give directions to local authorities in Wales, Local Health Boards and NHS trusts in connection with health and well-being strategies,

(b) issue guidance to responsible bodies in connection with them.

(8) The power to give directions in subsection (7)(a) is without prejudice to any other power to give directions to the bodies mentioned there.

(9) In this section--

(a) "local authority" means county council or county borough council,

(b) "prescribed" means prescribed in regulations made by the National Assembly for Wales,

and references to NHS trusts are to be construed as references to NHS trusts all or most of whose hospitals, establishments and facilities are situated in Wales.

Part 2 Health Care Professions

The Council for the Regulation of Health Care Professionals

25 The Council for the Regulation of Health Care Professionals

(1) There shall be a body corporate known as the Council for the Regulation of Health Care Professionals (in this group of sections referred to as "the Council").

(2) The general functions of the Council are--

(a) to promote the interests of patients and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as "regulatory bodies"), and by their committees and officers,

(b) to promote best practice in the performance of those functions,

(c) to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

(d) to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

(3) The bodies referred to in subsection (2)(a) are--

(a) the General Medical Council,

(b) the General Dental Council,

(d) the General Osteopathic Council,

(e) the General Chiropractic Council,

(f) subject to section 26(5), the Royal Pharmaceutical Society of Great Britain,

(g) subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

(h) until their abolition by virtue of section 60(3) of the 1999 Act--

(i) the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, and each of the National Boards for Nursing, Midwifery and Health Visiting, and

(ii) the Council for Professions Supplementary to Medicine and each Board established by or by virtue of the Professions Supplementary to Medicine Act 1960 (c. 66),

(i) any regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act as the successor to a body mentioned in paragraph (h), and

(j) any other regulatory body (within that meaning) established by an Order in Council under that section.

(4) Schedule 7 (which makes further provision about the Council) is to have effect.

(5) "This group of sections" means this section and sections 26 to 29, and includes Schedule 7.

(6) In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) and (3) of Schedule 3 to the 1999 Act.

26 Powers and duties of the Council: general

(1) Except as mentioned in subsections (3) to (6), the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) The Council may, for example, do any of the following--

(a) investigate, and report on, the performance by each regulatory body of its functions,

(b) where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,

(3) The Council may not do anything in relation to the case of any individual in relation to whom--

(a) there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or

(b) an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

(4) Subsection (3) does not prevent the Council from taking action under section 28 or 29, but action under section 29 may be taken only after the regulatory body's proceedings have ended.

(5) The Council may not do anything in relation to the functions of the Royal Pharmaceutical Society of Great Britain (or its Council, or an officer or committee of the Society) unless those functions are--

(a) conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy Act 1954 (c. 61), other than section 17 (the benevolent fund),

(b) conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act, or

(c) otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy Act 1954.

(6) The Council may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are--

(a) conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),

(b) conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or

(c) otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

(7) The Secretary of State, the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland may ask the Council for advice on any matter connected with a profession appearing to him or them to be a health care profession.

(8) The Council must comply with such a request.

(9) In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted--

" (c) modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals,

(d) modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions,

(e) modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions. "

(10) In Schedule 3 to the 1999 Act (which makes further provision about orders under section 60 of that Act), in paragraph 7, after sub-paragraph (3) there is inserted--

" (4) An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals. "

(11) In subsections (3) and (4), "proceedings", in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.

(12) In this section, "health care profession" means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals.

27 Regulatory bodies and the Council

(1) Each regulatory body must in the exercise of its functions co-operate with the Council.

(2) If the Council considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.

(3) The Council may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.

(4) The Council must send a copy of any such directions to the relevant authority.

(5) The relevant authority is the Secretary of State or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.

(6) The directions do not come into force until the date specified in an order made by the relevant authority.

(7) The Secretary of State must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order--

(a) setting out any directions he or it receives pursuant to subsection (4), and

(b) specifying the date on which the directions are to come into force.

(8) Subsections (4) to (7) apply also to--

(a) directions varying earlier directions, and

(b) directions revoking earlier directions, and given after--

(i) both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)

(ii) the Northern Ireland Assembly has done so.

(9) Subsections (4) and (5) apply also to directions--

(a) revoking earlier directions, but

(b) which do not fall within subsection (8)(b),

but subsections (6) and (7) do not apply to such directions.

(10) If the Council gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.

(11) A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.

(12) A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.

(13) The Secretary of State shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).

(14) The regulations must, in particular, make provision requiring the Council to consult a regulatory body before giving directions relating to it under subsection (2).

(15) In this section--

(a) "making" rules includes amending or revoking rules, and

(b) "rules" includes regulations, byelaws and schemes.

28 Complaints about regulatory bodies

(1) The Secretary of State may make provision in regulations about the investigation by the Council of complaints made to it about the way in which a regulatory body has exercised any of its functions.

(2) The regulations may, in particular, make provision as to--

(a) who (or what description of person) is entitled to complain,

(b) the nature of complaints which the Council must (or need not) investigate,

(d) requirements to be complied with by a person who makes a complaint,

(e) the procedure to be followed by the Council in investigating complaints,

(f) the making of recommendations or reports by the Council following investigations,

(g) the confidentiality, or disclosure, of any information supplied to the Council or acquired by it in connection with an investigation,

(h) the use which the Council may make of any such information,

(i) the making of payments to any persons in connection with investigations,

(j) privilege in relation to any matter published by the Council in the exercise of its functions under the regulations.

(3) The regulations may also make provision--

(a) empowering the Council to require persons to attend before it,

(b) empowering the Council to require persons to give evidence or produce documents to it,

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