Part 6: Miscellaneous Disability and autism training Section 181: Mandatory training on learning disability and autism
This section amends the Health and Social Care Act 2008 (the "HSCA 2008)").
	Subsection (2) inserts a new subsection (5ZA) into section 20 (regulation of regulated activities) of the HSCA 2008. New subsection (5ZA) places a duty on the Secretary of State to make regulations to require service providers to ensure that persons by working for them for the purpose of regulated activities receive training specifically on learning disability and autism appropriate to the person’s role. This introduces a specific requirement to provide learning disability and autism training within the existing CQC regulated framework.
	Subsection (3) inserts a new subsection (5D) into section 20 of the HSCA 2008 which defines the terms "learning disability" and "service provider" both of which appear in new subsection (5ZA.).
	Subsection (4) inserts a new section 21A (Learning disability and autism training: Code of Practice) into Chapter 2 of the HSCA 2008. The new section imposes a duty on the Secretary of State to issue a Code of Practice (CoP) about compliance with requirements set out in regulations relating to training on learning disability and autism.
	Section Subsection (2) of new section 21A sets what the CoP must include.
	Section Subsection (3) of new section 21A gives the CoP some flexibility to make different provisions for different cases or circumstances.
	Section Subsection (4) of new section 21A imposes a duty on the Secretary of State to review the CoP at least every five years and to lay before Parliament a report with the findings of that review.
	Subsection (5) makes several amendments to section 22 (consultation in relation to Code of Practice under section 21) of the HSCA 2008.
	Subsection (5) (a) changes the heading of section 22 to reflect the scope of section 22. It now covers the CoP in new section 21A as well as the pre-existing CoP in section 21 on health care associated infections.
	Subsections (5) (b) and (5) (c) add references to the new section 21A into subsections (1) and (2) of section 22. The references function to ensure that the duties for the Secretary of State to prepare a draft and consult on COP under section 21are also applied to the new CoP for learning disability and autism training.
	Subsection (5)(d) makes subsection (3) of section 22 apply only to a draft or revised CoP made under section 21 (health care associated infections). Subsection (3) relates to when a CoP under the HSCA 2008 comes into force. By doing so it means that subsection (3) does not apply to the CoP made under new section 21A.
	Subsection (5)(e) inserts new subsections (5A) to (5D) into section 22 of the HSCA 2008. Subsection (5A) places a duty on the Secretary of State to lay a copy of the draft CoP before Parliament following a consultation. Subsections (5B) sets out that if either House of Parliament resolves not to approve it within a 40-day period following laying, the Secretary of State cannot issue the CoP. Subsections (5C) and (5D) provide clarification on how the 40-day period is calculated.
	Subsection (6) adds references to new section 21A into section 25 of the HSCA 2008. This ensures that the CoP may be taken into account in the making of certain decisions or in certain proceedings under the HSCA 2008 and makes the CoP admissible as evidence in other criminal or civil proceedings. Subsection (7) sets out that until the first regulations made using powers in new subsection (5ZA) come into force, the HSCA 2008 and the 2014 Regulations, should be read as if regulation 18 of the 2014 regulations already contain the requirements set out in subsection (5ZA) for learning disability and autism training. In practice this means that from commencement of these provisions in the Health and Care Act, the 2014 Regulations and HSCA 2008 are to be read as including a requirement for all health and social care providers who carry out regulated activities to ensure that their staff receive specific training on learning disabilities and autism appropriate to their role.