Regulation of Health and Social Care Professionals Consultation

egulator to provide information to the public and registrants about its work. The
Council for Healthcare Regulatory Excellence and the Equality and Human
Rights Commission would both continue to play a role in this area by monitoring
the implementation of this duty and ensuring that the regulators comply with their
duties under the Equality Act 2010 to provide information that is accessible for
disabled people and other people who may need special arrangements.
2.75 Second, we think that the reporting requirements in relation to annual reports,
statistical reports, strategic plans and accounts should be expanded to include in
all cases the Scottish Parliament, the National Assembly for Wales and the
Northern Ireland Assembly. This is on the basis that health and social services
provision and education are devolved matters and it is therefore important that
the legitimate interests of the devolved assemblies are appropriately reflected in
the legal structure, and they are assisted in being made fully aware of the work of
the regulators.
2.76 Furthermore, we believe that the regulators themselves should be responsible for
laying the reports in the various legislatures. This in part reflects our proposal
above to remove the role of the Privy Council. But we also think that this proposal
underlines the importance of the regulators’ direct accountability to Parliament
and the devolved assemblies. This task can be undertaken by the regulators as
statutory bodies without going through the Department of Health or Privy Council.
In addition, the Council for Healthcare Regulatory Excellence’s reports and
accounts will continue to be required to be laid before Parliament, the Scottish
Parliament, the National Assembly for Wales and the Northern Ireland Assembly.
2.77 As noted above, some of the regulators are required to send a copy of their
accounts to the Comptroller and Auditor General and/or to the Auditor General for
Scotland who must examine, certify and report on the annual accounts. In our
view this generates a lot of bureaucracy and it is not clear that it enhances
accountability in any meaningful way. We therefore propose that the requirement
to send accounts to the Comptroller and Auditor General or to the Auditor
General for Scotland should be removed.
Provisional Proposal 2-11: The statute should place a duty on each regulator
to provide information to the public and registrants about its work.
Provisional Proposal 2-12: Each regulator and the CHRE should be required to
lay copies of their annual reports, statistical reports, strategic plans and
accounts before Parliament and also in all cases the Scottish Parliament, the
National Assembly for Wales and the Northern Ireland Assembly.
Provisional Proposal 2-13: The statute should not require the regulators to
send a copy of their accounts to the Comptroller and Auditor General or to the
Auditor General for Scotland.
SECTION 60 ORDERS
2.78 Until the Health Act 1999 was implemented, the creation and amendment of the
regulators’ governing statutes and orders was through primary legislation. The
governing statutes and orders can now be amended by Her Majesty by Order in
Council under powers contained in section 60 of the Health Act 1999. As noted
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