Office of Public Sector Information
236.Section 60 enables the Commission to carry out inspections in relation to its regulatory functions. Its regulatory functions are its registration and review functions under Chapters 2 and 3 and most of its functions under Chapter 5, such as studies as to economy and efficiency. It cannot carry out inspections purely for the purposes of providing information and advice to the Secretary of State under section 53 or conducting a review of data, studies or research under section 57. Regulations under section 59 will set out whether any additional functions conferred on the Commission under that section are to be treated as regulatory functions and thereby whether inspections can be carried out in relation to them.
237.Under section 61, the Secretary of State may set out in regulations how often the Commission should undertake inspections in relation to the Commission’s registration functions under Chapter 2, the manner in which they should be carried out and who should carry them out. For instance, the regulations may require hospitals to be inspected annually, by people with particular skills, for compliance with requirements relating to hygiene and infection controls.
238.After carrying out an inspection under section 60 for the purposes of the Commission’s functions under Chapter 2, the Commission is required to prepare and publish a report. The Commission must send a copy of the report to the registered service provider and, if there is one, the registered manager.
239.Regulations will set out what procedure should apply to allow people to make representations to the Commission before it publishes a report under section 61. As with similar powers in other sections, the reason for this is to give the inspected body time to comment and to ensure that any comments are considered by the Commission.
240.In carrying out its functions, the Commission will engage with patients and service users and people involved in the provision of care and will also need to inspect relevant premises. Section 62 enables individuals authorised by the Commission to enter and inspect premises which are, or are believed to be, ‘regulated premises’. Regulated premises are:
premises used for carrying on a regulated activity;
premises owned or controlled by an English NHS body or English local authority;
premises used, or proposed for use, for the provision of NHS care or adult social services;
premises used, or proposed for use, by any English NHS body in order to carry out its functions.
Premises in which NHS care or an adult social service is provided but which are used wholly or mainly as a private dwelling are excluded. So the fact that someone receives a service like domiciliary care does not mean that there is a right of entry (without consent) into that person's home under this section. ‘Premises’ includes vehicles. Individuals exercising these powers must produce appropriate documentation showing they have the authority to enter and inspect the premises.
241.Section 63 provides further details on the power to enter and inspect premises. It enables individuals authorised by the Commission to:
examine the premises or the treatment of persons receiving care there;
inspect and copy records or documents, and require any person holding or accountable for them to produce them;
have access to, and check the operation of, any computer and associated equipment that has been used in connection with any documents or records and, where records are stored on a computer, require them to be produced in a legible, non-encrypted format;
inspect any other item;
seize and remove any documents, records or other items;
interview the manager or registered service provider, or people who are managing the provision of NHS care or adult social services at the premises;
interview people working at the premises or people receiving care who consent to be interviewed - this does not limit the Commission’s ability to interview, with their consent, other people such as family members or carers if it thinks this would be appropriate.
242.Subject to a number of conditions set out in subsection (3) the authorised person (as long as they are a medical practitioner or registered nurse) may examine any person receiving care at the premises.
243.Subsection (6) provides that an authorised person may require such assistance from any person, and may take such measurements and photographs, and make such recordings, as that person considers necessary for the exercise of the powers under sections 62 and 63.
244.Section 64 gives the Commission a general power to require information, documents, records and other items from bodies and persons listed in subsection (2) if the Commission considers them necessary in order to carry out its regulatory functions.
245.Under section 65, regulations may require a prescribed person to provide the Commission with an explanation of: any documents, records or other items inspected, copied or provided under sections 62 to 64; any information provided under those sections; any other documents etc. provided to the Commission in order for the Commission to carry out its regulatory functions; or any other information or documents related to the Commission’s regulatory functions. Subsection (3) enables the regulations to require individuals to be present at a time and place specified by the Commission to give an explanation. This will enable the Commission to discuss any matters of concern that its reviews and inspections have brought to light with those responsible.
246.Sections 63(7), 64(4) and 65(4) make it an offence for a person to obstruct the exercise of any of the powers under section 62 or 63 or to fail to comply with any requirement imposed under section 63, 64 or 65. The penalty on summary conviction is a fine, not exceeding level 4 on the standard scale (currently £2,500).
247.Section 66 gives effect to Schedule 4.
248.Paragraph 1 defines the inspection authorities to which Schedule 4 applies: they are the five existing criminal justice inspectorates; CIECSS; and the Audit Commission. Paragraph 2 defines inspection functions for the purposes of the Schedule. Paragraph 3 defines a public authority for those purposes as any person whose functions are functions of a public nature (excluding any person carrying out functions in connection with Parliamentary proceedings).
249.Paragraph 4 enables the Commission to delegate any of its inspection functions to another public authority. Where the Commission delegates functions, these will be regarded for the purposes of any legislation as carried out by the Commission.
250.Paragraph 5 requires the Commission to produce both an inspection programme setting out the inspections it intends to carry out, and an inspection framework, which sets out how it intends to carry out its inspection and reporting functions. These must be prepared from time to time, or at times specified by order by the Secretary of State. Before preparing these documents, the Commission must consult the Secretary of State, the inspection authorities (as defined by paragraph 1) and anyone else specified by an order made by the Secretary of State (unless they have waived their right to be consulted). The Commission must then send the people it has consulted a copy of the programme or framework. This will provide advance notice of the Commission’s proposals. It will also allow an opportunity for people to raise concerns about duplication with other inspection bodies or about the overall burden of inspection.
251.The requirements under paragraph 5 do not prevent the Commission from carrying out unannounced inspections.
252.Paragraph 6 allows the Commission to give a notice to another inspection authority (or other people specified in an order by the Secretary of State), which proposes to carry out an inspection of a prescribed organisation, where the Commission believes the inspection would impose an unreasonable burden on the organisation. This notice can require the inspection authority not to carry out the inspection in the proposed way, or at all.
253.The Secretary of State may specify, by order, circumstances in which this power should not apply. The Secretary of State may also give consent for a particular inspection to be undertaken, if he is satisfied that the inspection will not impose an unreasonable burden or will not do so if carried out in a particular way. Further provisions in relation to this paragraph may be made by order of the Secretary of State.
254.Paragraphs 7 to 10 cover other aspects of the Commission’s relationship with other public authorities. Paragraph 7 requires the Commission to co-operate with the inspection authorities or other public authorities specified by an order of the Secretary of State. Paragraph 8 enables the Commission to act jointly with other public authorities. Paragraph 9 enables the Commission to provide advice or assistance to other public authorities. Paragraph 10 allows the Commission to make arrangements with other inspection authorities to carry out inspections on their behalf. These powers allow the Commission to build links with other related public authorities in order to work to minimise the regulatory burden they jointly impose.
255.Section 67 requires the Commission to promote effective coordination of reviews and assessments in relation to the carrying on of regulated activities.
256.Section 68 allows the Secretary of State to publish guidance about the steps that the Commission and other prescribed regulatory bodies may take to avoid imposing unreasonable burdens on health and social care organisations when carrying out inspections, or collecting information.
257.This guidance may cover co-operation between regulatory bodies, and the sharing of information between them. It might, for example, advise regulatory bodies how to make use of information that has already been collected, rather than making a direct request for this information to the health and social care organisations concerned.
258.The guidance will apply to the Commission and other prescribed regulatory authorities that have functions relating to the provision of health or social care. They will be obliged to take the guidance into account when carrying out inspections or requiring information. The section makes it clear that any guidance does not limit the scope of a regulatory authority’s powers, or affect a person’s obligation to comply with any requirement.
259.Section 69 provides that the Commission and the Welsh Ministers must work with one another in order to carry out their corresponding functions efficiently and effectively. Subsection (3) enables them to share information for the purpose of fulfilling this obligation.
260.Section 70 provides how the Commission and Monitor should work with one another and clarifies the interface between the Commission and Monitor, whose work relates closely to that of the Commission. It requires the Commission and Monitor to co-operate with one another in carrying out their functions. The Commission must keep Monitor informed about the provision of health care by NHS Foundation Trusts. Monitor must give the Commission any information it has relating to the provision of health care by NHS Foundation Trusts which will assist the Commission in carrying out its functions. The section also sets out specific material (material relevant to reviews, investigations and studies) that the Commission must provide to Monitor, on request.
261.Section 71 requires the Auditor General for Wales to share with the Commission any information that the Commission may reasonably require in relation to a study under section 54 relating to health care or English NHS bodies so that comparisons can be made between English and Welsh NHS bodies. This replaces a similar provision in section 69A of the Health and Social Care (Community Health and Standards) Act 2003, which is being repealed (see paragraph 40 of Schedule 5 to this Act). The Commission is placed under a reciprocal duty by virtue of an amendment to section 64 of the Public Audit (Wales) Act 2004, which currently applies to CHAI (see paragraph 77 of Schedule 5 to this Act). This will require the Commission to provide the Auditor General for Wales with information he may require for comparative studies under sections 145 and 145A of the Government of Wales Act 1998 of care provided by Welsh NHS bodies compared with English NHS bodies.
262.Section 72 requires the Commission to provide material relevant to reviews, investigations or studies that it carries out to the Comptroller and Auditor General on request.
263.Section 73 enables a Minister of the Crown to arrange for the Commission to carry out any of its functions in relation to prescribed health or social care schemes for which the Minister has responsibility. For example, arrangements may be made between the Commission and the Secretary of State for Defence in respect of the provision of health care to the Armed Forces. Section 74 enables a Northern Ireland Minister to arrange for the Commission to carry out any of its functions which correspond to functions of the Commission and relate to the Northern Ireland health service.
264.Section 75 enables the Secretary of State to initiate an inquiry into matters concerning the exercise of any of the Commission’s functions. Subsection (2) gives the Secretary of State the power to direct that an inquiry be held in private. Where no such direction is given, subsection (3) enables the person holding the inquiry to decide whether the inquiry or any part of it should be held in private. This might be necessary, for example, to protect patient confidentiality.
265.Subsection (4) applies section 250(2) to (5) of the Local Government Act 1972 to an inquiry undertaken under this section. This will enable the person holding the inquiry to issue a summons requiring an individual to give evidence or produce any documents in their custody or under their control at a stated time and place. If that person fails to attend (for reasons other than not having the necessary expenses of their visit paid or tendered), then they may be liable to a fine or imprisonment.
266.Subsection (5) requires reports of inquiries set up under the powers in this section to be published unless the Secretary of State decides there are exceptional circumstances that render publication inappropriate (for example, publication being prejudicial to any ongoing criminal investigation).
267.Section 76 makes it a criminal offence for any person, including a member or employee of the Commission, knowingly or recklessly to disclose confidential information which has been obtained by the Commission and which identifies an individual, during the lifetime of the individual. The penalty on summary conviction is imprisonment of up to 12 months, or a fine not exceeding the statutory maximum, or both. The penalty on conviction on indictment is imprisonment of up to 2 years, or an unlimited fine, or both. The section applies to all of the Commission’s functions, whereas under the existing law a similar provision only applies to CHAI as the regulator of health services.
268.Subsections (1) to (3) of section 77 set out defences to a charge under section 76. It is a defence to prove that any of the circumstances listed in subsection (2) (for example, that the form of disclosure meant that the individual was not identified or the individual concerned had given their consent to the information being made available) applied or that the person charged reasonably believed they applied. It is also a defence to prove that the disclosure was made for a purpose in subsection (3), for example, in connection with a criminal investigation. Subsection (4) requires that, where someone offers one of these defences in response to a charge brought under section 76 and evidence is adduced which is sufficient to raise an issue with respect to the defence, the defence is to be regarded as satisfied unless the prosecution proves beyond reasonable doubt that it is not.
269.Section 78 provides that the Commission may use information, documents or records obtained or produced in carrying out any of its functions for any of its other functions (subject to the limitations in relation to the disclosure of confidential personal information under section 76).
270.The Commission may disclose any information it obtains in the course of carrying out its functions where any of the circumstances set out in subsection (3) apply (for example, where the information has already been lawfully disclosed to the public, or where the disclosure is necessary to protect the welfare of any individual). Where none of those circumstances applies, the Commission may disclose information that relates to an individual if that individual has consented to the disclosure, or the form of disclosure means that the individual is not identified.
271.Section 80 places the Commission under a statutory duty to publish a code of practice in relation to how it will obtain, use, handle and disclose confidential personal information (defined as information which is obtained by the Commission in confidence and which identifies an individual). The Commission must consult the National Information Governance Board and anyone else it considers appropriate before publishing a code under this section.
272.Section 81 requires the Commission to publish a document that sets out the reviews and studies that it intends to carry out under sections 48, 54 and 57. Before preparing the document, the Commission must consult the Secretary of State and any other person specified by order of the Secretary of State. Once prepared, the Commission must send them a copy of the document. Subsection (4) makes clear that the requirement to publish such a programme does not prevent the Secretary of State from requiring the Commission to carry out a particular review or investigation, or the Commission from carrying out a special investigation under section 48 where it considers there to be a risk to the health, safety or welfare of people receiving health or social care.
273.If the Secretary of State considers that the Commission is failing to carry out any of its functions, or to carry them out properly, then section 82 enables the Secretary of State to issue a direction to the Commission. The section also enables the Secretary of State to carry out functions of the Commission or arrange for a third party to do so if the Commission fails to comply with the direction. These powers might be needed not necessarily because of any fault on the Commission’s part but possibly due to circumstances outside its control, for example, a serious infection affecting many of its staff and therefore its ability to perform its duties.
274.Section 83 places a duty on the Commission to report annually to Parliament on a number of matters. These are:
the way it has exercised its functions;
the provision of NHS care;
the provision of adult social services;
the carrying on of activities regulated by the Commission; and
the steps it has taken to implement the proposals in its statement on user involvement required under section 5,
in each case, during the financial year in question.
275.The report can be made up of separate documents on each matter or be presented in a single document. The Secretary of State may require the Commission to include in its report separate reports on specified aspects of the matters.
276.The Commission’s functions under the Mental Health Act are excluded from the annual report under section 83. The Commission will produce a separate annual report on the operation of the Mental Health Act. MHAC currently has to report biennially on the operation of the Mental Health Act.
277.All reports under this section must be laid before Parliament and sent to the Secretary of State. The Commission is also required to provide any other additional reports and information on the exercise of its functions that the Secretary of State may request during the year.
278.Section 84 requires the Commission to make copies of any report it publishes available to view at its offices. It must provide copies of the report on request. The Commission may also provide other information that a person might request that is relevant to the discharge of its functions. It can charge a reasonable fee for providing information or copies of reports.
279.Section 85 enables the Commission, with the consent of the Secretary of State, to make provision for the payment of a fee in relation to certain registration functions under Chapter 2 and other prescribed functions under Part 1. It is intended that where fees are charged, these will relate to the costs incurred by the Commission in exercising the functions to which they relate and there will not be cross subsidy of any of the Commission’s other functions.
280.The Commission will be able to decide how much the fees will be, how they will be calculated, and details such as when they should be paid. The Commission may charge different fees in different circumstances, or to different people. People liable to pay fees are required to give the Commission such information as it thinks is necessary in order to determine what fees should apply to them.
281.The Secretary of State can by regulations make alternative provision on fees (which will apply in place of provision made by the Commission) if he is of the view that it is necessary or desirable for him to do so.
282.Section 86 gives the Commission power to issue penalty notices. This is a new power that is not available to CHAI and CSCI under the existing law. Where a person commits a prescribed offence under Part 1, or under regulations under Part 1, the Commission may give the person a penalty notice. This is an invitation to pay a penalty instead of being prosecuted for the offence. The Commission might, for example, issue a penalty notice where the Commission becomes aware of an offence that has been committed in the past (such as failure by someone to comply with one of the conditions of their registration) but is satisfied that the offence was relatively minor and that they are now complying with the condition in question. In those circumstances the person may pay the penalty specified in the penalty notice as recognition of the offence and the Commission would then take no further action in relation to that offence. If, however, that person subsequently breached the same condition of their registration then they would be liable to be prosecuted for the new (repeat) offence.
283.The Commission will receive any amounts paid, but will then pay them to the Secretary of State who will pay them into the Consolidated Fund.
284.Section 87 confers a regulation-making power which allows the procedural details about penalty notices to be set out in regulations.
285.Section 88 requires the Commission to publish guidance on how it will exercise its enforcement powers under Part 1. This guidance is expected to cover how the Commission intends to work with Monitor in relation to enforcement action involving NHS Foundation Trusts. The Commission must consult on this guidance, and regulations may set out any particular people that it must include in such a consultation.
286.Section 89 enables regulations to be made which will either authorise or require the Commission to publish details of enforcement action it has taken. The regulations may set out what information the Commission can or must publish in each instance, as well as when and how it must publish it. This will enable the Commission to make information available to the public about the action it has taken using its powers under Part 1.
287.If information is to be published about warning notices, the regulations must allow the people to whom the notices were given to make representations to the Commission before the information is published. This is because there is no right of appeal in respect of a warning notice.
288.Section 90 provides that only the Commission or, if he is carrying out any of the Commission’s functions, the Secretary of State, can commence proceedings in relation to offences under Part 1 or under regulations under it without written consent of the Attorney General.
289.Subsection (2) provides that a prosecution must be commenced within 12 months from the date on which there was sufficient evidence to prosecute, with a long stop of 3 years from the date on which the offence was committed.
290.Section 91 deals with corporate liability. If an offence under Part 1 of the Act, or regulations made under it, is proved to have been committed with the consent or connivance of an officer of a body corporate then they, as well as the company, are guilty of the offence.
291.Section 92 contains provisions dealing with certain procedural matters where criminal proceedings are brought against unincorporated associations. Subsection (1) provides that proceedings are to be brought in the name of the association (and not any of the individual members). However, subsection (5) makes clear that if an offence is proved to have been committed with the consent or connivance of an officer of the association or a member of its governing body, then they, as well as the association, are guilty of the offence. Individual officers or members of the association will not be able to escape prosecution simply because the association is liable; both may be liable for prosecution.
292.Where Part 1 provides for notices or other documents to be given to or served on people, section 93 generally requires that this be done in person or by registered post or recorded delivery. Under section 16, regulations may state that the registered person must notify the Commission of the address it wishes to be used for the service of documents. Notices or documents sent by post can be assumed to have been delivered after three days unless the person can prove this was not the case. Under sections 93 and 94 notices may be served electronically by the Commission if the person receiving the notice has consented to receive notices in this way and has provided a suitable address for this purpose. They may be served electronically by persons other than the Commission if served in such manner as the Commission may require.
293.Section 95 gives effect to Schedule 5. Schedule 5 makes various consequential amendments which include replacing references in other legislation to CHAI, CSCI and MHAC with references to the Commission. It also makes extensive consequential amendments to the Care Standards Act 2000 and the Health and Social Care (Community Health and Standards) Act 2003. Section 227 of the Local Government and Public Involvement in Health Act 2007 is also amended to include the Commission in the list of people to whom Local Involvement Networks must send copies of their annual reports.
294.Schedule 5 also makes a number of amendments of the Care Standards Act 2000 in relation to Wales. These amendments provide: a new power to suspend registration and to suspend registration urgently; a provision to change registration conditions urgently by notice; a new power to impose a penalty notice where the Welsh Ministers are satisfied that a person has committed a prescribed offence; and an extension to the time limit in section 29 of the Act within which criminal proceedings must be brought, from 6 months to 12 months. These powers apply in respect of persons registered with the Welsh Ministers in relation to establishments or agencies under Part 2 of that Act.
295.Section 96 enables the provisions of Chapters 2, 3 and 6 to apply to the Crown. If services such as prison health care or military hospitals provided by Defence Medical Services became subject to registration or review, individuals, such as civil servants who are in the service of the Crown as public servants, could be prosecuted under the Act in the same way as private individuals, private organisations and their staff. The Crown would not, however, be liable to criminal prosecution in relation to offences under those Chapters, although the High Court could find that the Crown had acted unlawfully following a judicial review. Subsection (5) enables the Secretary of State, in the interests of national security, to limit the powers of entry and inspection conferred by sections 58 and 59 so far as relating to premises held or used by or on behalf of the Crown.
296.Section 97 sets out the meaning of various terms used within Part 1 of the Act.
297.Section 98 establishes the OHPA as a body corporate. It is to have functions relating to doctors, optometrists, dispensing opticians, student opticians and optical businesses (i.e. the professions regulated by the Medical Act 1983 and the Opticians Act 1989). Section 98 also gives effect to Schedule 6 which makes detailed provision for the constitution and membership of the OHPA. The establishment of this body requires a number of consequential amendments to other enactments. These are contained in Schedule 10.
298.Schedule 6 makes detailed provision for the constitution and membership of the OHPA.
299.Paragraphs 2 and 3 set out the status of the body and that it is to have the powers necessary to enable it to carry out its functions.
300.Paragraphs 4 to 10 make provision about the membership of the body. The members are to be a legally qualified chair appointed by the Privy Council, at least one but no more than three non-executive members, also appointed by the Privy Council, and at least one but no more than three executive members, subject to the proviso that there are not more executive than non-executive members. Initially the executive members will be appointed by the Privy Council. Thereafter they will be appointed by the OHPA. The Privy Council must make regulations about the precise number of executive and non-executive members. Paragraph 21 of Schedule 10 contains provisions to allow the Privy Council to delegate their appointment functions in relation to the OHPA to the Appointments Commission. By virtue of paragraph 22 of Schedule 10, the Appointments Commission will be able to assist the OHPA with its appointment of executive members. The chair and other members may be removed from office by the Privy Council on the grounds of incapacity or misbehaviour, but will otherwise hold and vacate office in accordance with the terms of their appointment.
301.Paragraphs 11 and 12 deal with the procedure to be followed by the OHPA and provide that the OHPA may regulate its own procedure. Proceedings of the OHPA are not affected by circumstances such as vacancies in its membership or defects in the appointment of members.
302.Paragraph 13 requires the OHPA to maintain a system for the declaration and registration of members’ private interests and to publish entries recorded in the register.
303.Under paragraph 14, the Secretary of State is to determine the remuneration and allowances payable to the chair and other members. The Secretary of State may also require the OHPA to make provision for pensions and, in certain circumstances, to pay compensation to a person who has ceased to hold office as chair of the OHPA. Under paragraphs 15 and 16, amendments to the Superannuation Act 1972 will enable the OHPA to be included in the civil service pension scheme. Under paragraph 17, the OHPA may appoint such employees as it considers appropriate, on such terms as it determines (including as to pay, pensions etc.)
304.Paragraph 18 provides that the Secretary of State and DHSSPSNI may make payments to the OHPA. The Secretary of State and DHSSPSNI can also make loans to the OHPA. Paragraph 18(4) requires Treasury consent to the amount and terms of loans made to the OHPA by the Secretary of State. Paragraph 18(6) requires the consent of the Department of Finance and Personnel in Northern Ireland to the amount and terms of loans made to the OHPA by DHSSPSNI. The OHPA will have no other powers to borrow money. Paragraph 18(8) and (9) provide that the Secretary of State and DHSSPSNI may give directions to the OHPA on the application of payments or loans made to it.
305.Under paragraph 19, the OHPA must keep accounts, and prepare annual accounts, in such form as determined by the Secretary of State. Copies of annual accounts must be sent to the Comptroller and Auditor General, who will lay copies of the accounts and of his report on them before Parliament. A copy of the accounts must also be sent to the Secretary of State and DHSSPSNI. DHSSPSNI will lay a copy of the accounts before the Northern Ireland Assembly. Under paragraph 20, the OHPA must also prepare an annual report for each financial year on how it has carried out its functions. The Privy Council may give directions as to the content of the report. The Secretary of State must lay it before Parliament. DHSSPSNI must lay it before the Northern Ireland Assembly.
306.Paragraph 21 concerns the application of the seal of the OHPA. Paragraph 22 concerns the receipt in evidence of documents purporting to be executed under the seal of the OHPA or signed on its behalf. Paragraph 23 provides for public access to meetings of the OHPA in Northern Ireland. Equivalent provision in relation to meetings in England, Wales and Scotland is made by the amendment to the Public Bodies (Admission to Meetings) Act 1960 in Schedule 10.
307.Section 99 brings into effect Schedule 7.
308.Schedule 7 is split into two parts. Part 1 makes amendments to the Medical Act 1983 and Part 2 makes amendments to the Opticians Act 1989. These have the effect of transferring to the OHPA the functions of the GMC and the GOC in relation to the adjudication of fitness to practise cases.
309.Paragraph 4 inserts a new section 35ZA into the Medical Act 1983. This provides that the GMC may publish guidance on the factors that they consider to indicate:
where a practitioner’s fitness to practise is found to be impaired, what sanction would or would not be appropriate;
where a practitioner’s fitness to practise is found not to be impaired, whether a warning should or should not be given regarding future conduct or performance;
and where a person has had his name erased from the register, whether their registration should be restored or not.
310.The GMC may also publish guidance on:
the type of conditions to be imposed, where a practitioner’s registration is to be made conditional;
the period of time for which a person’s registration should be suspended or made conditional.
311.Paragraph 30 inserts a new section 13AA into the Opticians Act 1989, providing that the GOC may publish similar guidance in relation to types of sanctions available, in cases involving those regulated by the Opticians Act 1989.
312.Undersubsection (3) of each of the new sections described above, the OHPA must take account of any guidance published by the GMC and the GOC under these powers (in their capacity as the body responsible for setting and maintaining the standards required of their registrants) when making decisions on what sanctions to impose in any particular case.
313.Paragraph 11 inserts a new section 40A into the Medical Act 1983, allowing the GMC to refer a case to the High Court, or in Scotland the Court of Session, where it thinks that the OHPA has reached a finding relating to fitness to practise that is unduly lenient, and that it is necessary in the interests of public protection for it to take action. The new section sets out the decisions which can be referred and the timescales for such referrals. The provision is in place of the CRHP’s power under section 29 of the Health Care Professions Act 2002 to refer equivalent decisions of the GMC’s fitness to practise panels to the court.
314.Paragraph 46 inserts a new section 23I into the Opticians Act 1989, allowing the GOC similar rights of referral.
Health and Social Care Act 2008