S. 25 wholly in force at 1.4.2003; s. 25 not in force at Royal Assent, see s. 42(3); s. 25 in force for certain purposes at 27.8.2002 and for certain further purposes at 1.12.2002 and in force at 1.4.2003 insofar as not already in force by S.I. 2002/2202, art. 2

S. 27 wholly in force at 1.4.2003; s. 27 in force for certain purposes at Royal Assent, see s. 42(3); s. 27 in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)(c)

S. 28 partly in force; s. 28 in force for certain purposes at Royal Assent, see s. 42(3)

http://www.legislation.gov.uk/ukpga/2002/17/part/2/2003-06-18National Health Service Reform and Health Care Professions Act 2002An Act to amend the law about the national health service; to establish and make provision in connection with a Commission for Patient and Public Involvement in Health; to make provision in relation to arrangements for joint working between NHS bodies and the prison service, and between NHS bodies and local authorities in Wales; to make provision in connection with the regulation of health care professions; and for connected purposes.2002-07-04texttext/xmlenStatute Law Database2024-05-17Expert Participation2003-06-18Part 2Health Care ProfessionsThe 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,

(c)

the General Optical 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,

(c)

recommend to a regulatory body changes to the way in which it performs any of its functions.

(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,

(c)

matters which are excluded from investigation,

(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,

(c)

about the admissibility of evidence,

(d)

enabling the Council to administer oaths.

(4)

No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the Council which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.

29 Reference of disciplinary cases by Council to court(1)

This section applies to—

(a)

a direction of the Statutory Committee of the Royal Pharmaceutical Society of Great Britain under section 8 of the Pharmacy Act 1954 (c. 61) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968 (c. 67) (power to disqualify and direct removal from register),

(b)

a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,

(c)

a direction by the Professional Conduct Committee of the General Medical Council under section 36 of the Medical Act 1983 (c. 54) (professional misconduct and related offences),

(d)

a direction by the Committee on Professional Performance of the General Medical Council under section 36A of that Act (professional performance),

(e)

a determination by the Professional Conduct Committee of the General Dental Council under section 27 of the Dentists Act 1984 (c. 24) (erasure or suspension of registration for crime or misconduct),

(f)

a disciplinary order made by the Disciplinary Committee of the General Optical Council under section 17 of the Opticians Act 1989 (c. 44) (powers of Disciplinary Committee),

(g)

any step taken by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (c. 21) (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee),

(h)

any step taken by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (c. 17) (which relates to corresponding matters),

(i)

any corresponding measure taken in relation to a nurse, midwife or health visitor,

(j)

any corresponding measure taken in relation to a member of a profession regulated by the Professions Supplementary to Medicine Act 1960 (c. 66) or, after the repeal of that Act by virtue of section 60(3) of the 1999 Act, by any such Order in Council under section 60 of the 1999 Act as is mentioned in section 25(3)(i).

(2)

This section also applies to—

(a)

a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,

(b)

any corresponding decision taken in relation to a nurse, midwife or health visitor, or to any such person as is mentioned in subsection (1)(j) and

(c)

a decision of the relevant regulatory body, or one of its committees or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).

(3)

The things to which this section applies are referred to below as “relevant decisions”.

(4)

If the Council considers that—

(a)

a relevant decision falling within subsection (1) has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both, or

(b)

a relevant decision falling within subsection (2) should not have been made,

and that it would be desirable for the protection of members of the public for the Council to take action under this section, the Council may refer the case to the relevant court.

(5)

In subsection (4), the “relevant court”—

(a)

in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Scotland, means the Court of Session,

(b)

in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)

in the case of any other person (including one who is not registered and is not seeking registration or restoration to the register), means the High Court of Justice in England and Wales.

(6)

The Council may not so refer a case after the end of the period of four weeks beginning with the last date on which the practitioner concerned has the right to appeal against the relevant decision.

(7)

If the Council does so refer a case—

(a)

the case is to be treated by the court to which it has been referred as an appeal by the Council against the relevant decision (even though the Council was not a party to the proceedings resulting in the relevant decision), and

(b)

the body which made the relevant decision is to be a respondent.

(8)

The court may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the relevant decision,

(c)

substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or

(d)

remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

Appeals
30 Medical practitioners(1)

The Medical Act 1983 (c. 54) is amended as follows.

(2)

In section 40 (appeals)—

(a)

in subsection (1), paragraph (c) is omitted,

(b)

after subsection (1), there is inserted—(1A)

A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.

,

(c)

for subsection (3) there is substituted—(3)

A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.

(3A)

In subsection (3), “the relevant court”—

(a)

in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)

in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)

in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.

(3B)

A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.

,

(d)

subsections (4) to (6), (9) and (10) are omitted, and

(e)

for subsections (7) and (8) there is substituted—(7)

On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the direction or variation appealed against,

(c)

substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or

(d)

remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(8)

On an appeal under this section from the General Council, the court (or the sheriff) may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the direction appealed against, or

(c)

remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.

(3)

In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)—

(a)

in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted “ the court (or the sheriff) ”,

(b)

in paragraph 10(1)—

(i)

for “section 37 of this Act and” there is substituted “ section 37 of this Act, ”,

(ii)

after “or 37 of this Act”, there is inserted “ and a direction for erasure given by the General Council under section 39 of this Act ”, and

(iii)

in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted “ specified in that section ”,

(c)

paragraph 10(2) is omitted, and

(d)

in paragraph 10(3)—

(i)

“or (2)” is omitted,

(ii)

“or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,

(iii)

for “mentioned in section 40(3)” there is substituted “ specified in section 40 ”, and

(iv)

for “mentioned in the said section 40(3)” there is substituted “ specified in section 40 of this Act ”.

31 Dentists(1)

The Dentists Act 1984 (c. 24) is amended as follows.

(2)

In section 29 (appeals)—

(a)

in subsection (1), for the words from “to Her” to the end there is substituted “ against that determination or direction to the relevant court. ”,

(b)

after subsection (1) there is inserted—(1A)

In subsection (1), “the relevant court”—

(a)

in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)

in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)

in the case of any other person, means the High Court of Justice in England and Wales.

,

(c)

subsection (2) is omitted, and

(d)

for subsection (3) there is substituted—(3)

On an appeal under this section, the court may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the determination or direction appealed against,

(c)

(in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or

(d)

remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(3)

In section 44 (withdrawal of privilege from body corporate)—

(a)

in subsection (4)—

(i)

after “days” there is inserted “ from service ”, and

(ii)

for the words from “in accordance” to “Majesty in Council” there is substituted “ appeal to the relevant court ”, and

(b)

after subsection (4) there is inserted—(4A)

In subsection (4), “the relevant court”—

(a)

where the registered office of the body corporate is in Northern Ireland, means the High Court of Justice in Northern Ireland,

(b)

where the registered office of the body corporate is in Scotland, means the Court of Session,

(c)

where the registered office of the body corporate is in any other place, means the High Court of Justice in England and Wales.

(4)

In section 51, the words from “(other” to “appeals)” are omitted.

(5)

In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted “ under section 29 above to the relevant court ”.

(6)

Subsection (5) has effect—

(a)

upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),

(b)

otherwise, immediately after the coming into force to that extent of that article.

(7)

If this section comes into force before article 10(3) of the Dentists Order—

(a)

paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and

(b)

until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).

(8)

The modifications are that section 29 is to be read as if—

(a)

in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,

(b)

in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and

(c)

in paragraph (d) of subsection (3)—

(i)

for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted “ or the Health Committee ”, and

(ii)

the words “or Schedule 3A to this Act” were omitted.

32 Opticians(1)

Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.

(2)

For subsection (1) there is substituted—(1)

An individual or body corporate who is notified under subsection (11) of section 17—

(a)

that a disciplinary order has been made against him under that section; or

(b)

that a direction has been given in respect of him under subsection (9) of that section,

may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that order or direction to the relevant court.

(1A)

In subsection (1), “the relevant court”—

(a)

in the case of an individual whose address in the register is in Scotland, or a body corporate whose registered office is in Scotland, means the Court of Session,

(b)

in the case of an individual whose address in the register is in Northern Ireland, or a body corporate whose registered office is in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)

in the case of any other individual or body corporate, means the High Court of Justice in England and Wales.

(1B)

An individual or body corporate who is notified under subsection (3) of section 19 above that a direction has been given in respect of him under that section may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that direction to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register or (as the case may be) the registered office is situated.

(1C)

On an appeal under this section, the court (or the sheriff) may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the order or direction appealed against,

(c)

substitute for the order or direction appealed against any other order or direction which could have been made by the Disciplinary Committee, or

(d)

remit the case to the Disciplinary Committee to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(3)

In subsection (2), for “any such appeal”, where it first appears, there is substituted “ any appeal under this section ”.

33 Osteopaths(1)

The Osteopaths Act 1993 (c. 21) is amended as follows.

(2)

In section 10 (fraud or error in relation to registration)—

(a)

in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

(b)

for subsection (8) there is substituted—(8)

Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).

,

(c)

subsection (10) is omitted, and

(d)

for subsection (11) there is substituted—(11)

On an appeal under this section, the court (or the sheriff) may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the order appealed against, or

(c)

remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(3)

In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(4)

In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(5)

In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—(4)

A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A)

On an appeal under subsection (4) above, the court (or the sheriff) may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the decision appealed against,

(c)

substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d)

remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(6)

In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

(a)

in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

(b)

after subsection (1) there is inserted—(1A)

In subsection (1), “the relevant court”—

(a)

in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)

in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)

in the case of any other person, means the High Court of Justice in England and Wales.

,

(c)

subsections (3) to (5) and (7) are omitted, and

(d)

for subsection (8) there is substituted—(8)

On an appeal under this section, the court may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the decision appealed against,

(c)

substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d)

remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(7)

In section 35 (rules), subsection (3) is omitted.

34 Chiropractors(1)

The Chiropractors Act 1994 (c. 17) is amended as follows.

(2)

In section 10 (fraud or error in relation to registration)—

(a)

in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

(b)

for subsection (8) there is substituted—(8)

Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).

,

(c)

subsection (10) is omitted, and

(d)

for subsection (11) there is substituted—(11)

On an appeal under this section, the court (or the sheriff) may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the order appealed against, or

(c)

remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(3)

In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(4)

In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(5)

In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—(4)

A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A)

On an appeal under subsection (4) above, the court (or the sheriff) may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the decision appealed against,

(c)

substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d)

remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(6)

In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

(a)

in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

(b)

after subsection (1) there is inserted—(1A)

In subsection (1), “the relevant court”—

(a)

in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)

in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)

in the case of any other person, means the High Court of Justice in England and Wales.

,

(c)

subsections (3) to (5) and (7) are omitted, and

(d)

for subsection (8) there is substituted—(8)

On an appeal under this section, the court may—

(a)

dismiss the appeal,

(b)

allow the appeal and quash the decision appealed against,

(c)

substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d)

remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(7)

In section 35 (rules), subsection (3) is omitted.

The pharmacy profession
35 Regulation of the profession of pharmacy

In Schedule 3 to the 1999 Act (which makes provision in relation to orders under section 60 of that Act regulating health care and associated professions), in paragraph 2, for sub-paragraphs (2) and (3) there is substituted—(2)

But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.

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<heading> The Council for the Regulation of Health Care Professionals</heading>
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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 “
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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 “
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<p>the General Medical Council,</p>
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<p>the General Dental Council,</p>
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<level class="para1" eId="section-25-3-c">
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<p>the General Optical Council,</p>
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<p>the General Osteopathic Council,</p>
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<level class="para1" eId="section-25-3-e">
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<p>the General Chiropractic Council,</p>
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<level class="para1" eId="section-25-3-i">
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<p>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</p>
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<level class="para1" eId="section-25-3-j">
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<p>any other regulatory body (within that meaning) established by an Order in Council under that section.</p>
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<term refersTo="#term-this-group-of-sections" eId="term-this-group-of-sections">This group of sections</term>
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<content>
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<num>26</num>
<heading> Powers and duties of the Council: general</heading>
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<level class="para1" eId="section-26-2-a">
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<content>
<p>investigate, and report on, the performance by each regulatory body of its functions,</p>
</content>
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<num>(b)</num>
<content>
<p>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,</p>
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</level>
<level class="para1" eId="section-26-2-c">
<num>(c)</num>
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<p>recommend to a regulatory body changes to the way in which it performs any of its functions.</p>
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<content>
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</content>
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<level class="para1" eId="section-26-3-b">
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<p>an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.</p>
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<p>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—</p>
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<content>
<p>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),</p>
</content>
</level>
<level class="para1" eId="section-26-5-b">
<num>(b)</num>
<content>
<p>conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act, or</p>
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<level class="para1" eId="section-26-5-c">
<num>(c)</num>
<content>
<p>otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy Act 1954.</p>
</content>
</level>
</subsection>
<subsection eId="section-26-6">
<num>(6)</num>
<intro>
<p>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—</p>
</intro>
<level class="para1" eId="section-26-6-a">
<num>(a)</num>
<content>
<p>
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 (
<abbr class="acronym" title="Statutory Instrument">S.I.</abbr>
1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),
</p>
</content>
</level>
<level class="para1" eId="section-26-6-b">
<num>(b)</num>
<content>
<p>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</p>
</content>
</level>
<level class="para1" eId="section-26-6-c">
<num>(c)</num>
<content>
<p>otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.</p>
</content>
</level>
</subsection>
<subsection eId="section-26-7">
<num>(7)</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-26-8">
<num>(8)</num>
<content>
<p>The Council must comply with such a request.</p>
</content>
</subsection>
<subsection eId="section-26-9">
<num>(9)</num>
<content>
<p>
<mod>
In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<level class="para1">
<num>(c)</num>
<content>
<p>modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals,</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>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,</p>
</content>
</level>
<level class="para1">
<num>(e)</num>
<content>
<p>modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.</p>
</content>
</level>
</quotedStructure>
</mod>
</p>
</content>
</subsection>
<subsection eId="section-26-10">
<num>(10)</num>
<content>
<p>
<mod>
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—
<quotedStructure startQuote="" endQuote="" uk:context="schedule" uk:docName="unknown" ukl:TargetClass="unknown" ukl:TargetSubClass="unknown" ukl:Context="schedule" ukl:Format="default">
<subparagraph>
<num>(4)</num>
<content>
<p>An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
</p>
</content>
</subsection>
<subsection eId="section-26-11">
<num>(11)</num>
<content>
<p>
In subsections (3) and (4), “
<term refersTo="#term-proceedings" eId="term-proceedings">proceedings</term>
”, 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.
</p>
</content>
</subsection>
<subsection eId="section-26-12">
<num>(12)</num>
<content>
<p>
In this section, “
<term refersTo="#term-health-care-profession" eId="term-health-care-profession">health care profession</term>
” 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.
</p>
</content>
</subsection>
</section>
<section eId="section-27">
<num>27</num>
<heading> Regulatory bodies and the Council</heading>
<subsection eId="section-27-1">
<num>(1)</num>
<content>
<p>Each regulatory body must in the exercise of its functions co-operate with the Council.</p>
</content>
</subsection>
<subsection eId="section-27-2">
<num>(2)</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-27-3">
<num>(3)</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-27-4">
<num>(4)</num>
<content>
<p>The Council must send a copy of any such directions to the relevant authority.</p>
</content>
</subsection>
<subsection eId="section-27-5">
<num>(5)</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-27-6">
<num>(6)</num>
<content>
<p>The directions do not come into force until the date specified in an order made by the relevant authority.</p>
</content>
</subsection>
<subsection eId="section-27-7">
<num>(7)</num>
<intro>
<p>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—</p>
</intro>
<level class="para1" eId="section-27-7-a">
<num>(a)</num>
<content>
<p>setting out any directions he or it receives pursuant to subsection (4), and</p>
</content>
</level>
<level class="para1" eId="section-27-7-b">
<num>(b)</num>
<content>
<p>specifying the date on which the directions are to come into force.</p>
</content>
</level>
</subsection>
<subsection eId="section-27-8">
<num>(8)</num>
<intro>
<p>Subsections (4) to (7) apply also to—</p>
</intro>
<level class="para1" eId="section-27-8-a">
<num>(a)</num>
<content>
<p>directions varying earlier directions, and</p>
</content>
</level>
<level class="para1" eId="section-27-8-b">
<num>(b)</num>
<intro>
<p>directions revoking earlier directions, and given after—</p>
</intro>
<level class="para2" eId="section-27-8-b-i">
<num>(i)</num>
<content>
<p>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)</p>
</content>
</level>
<level class="para2" eId="section-27-8-b-ii">
<num>(ii)</num>
<content>
<p>the Northern Ireland Assembly has done so.</p>
</content>
</level>
</level>
</subsection>
<subsection eId="section-27-9">
<num>(9)</num>
<intro>
<p>Subsections (4) and (5) apply also to directions—</p>
</intro>
<level class="para1" eId="section-27-9-a">
<num>(a)</num>
<content>
<p>revoking earlier directions, but</p>
</content>
</level>
<level class="para1" eId="section-27-9-b">
<num>(b)</num>
<content>
<p>which do not fall within subsection (8)(b),</p>
</content>
</level>
<wrapUp>
<p>but subsections (6) and (7) do not apply to such directions.</p>
</wrapUp>
</subsection>
<subsection eId="section-27-10">
<num>(10)</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-27-11">
<num>(11)</num>
<content>
<p>A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.</p>
</content>
</subsection>
<subsection eId="section-27-12">
<num>(12)</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-27-13">
<num>(13)</num>
<content>
<p>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).</p>
</content>
</subsection>
<subsection eId="section-27-14">
<num>(14)</num>
<content>
<p>The regulations must, in particular, make provision requiring the Council to consult a regulatory body before giving directions relating to it under subsection (2).</p>
</content>
</subsection>
<subsection eId="section-27-15">
<num>(15)</num>
<intro>
<p>In this section—</p>
</intro>
<level class="para1" eId="section-27-15-a">
<num>(a)</num>
<content>
<p>
<term refersTo="#term-making" eId="term-making">making</term>
” rules includes amending or revoking rules, and
</p>
</content>
</level>
<level class="para1" eId="section-27-15-b">
<num>(b)</num>
<content>
<p>
<term refersTo="#term-rules" eId="term-rules">rules</term>
” includes regulations, byelaws and schemes.
</p>
</content>
</level>
</subsection>
</section>
<section eId="section-28">
<num>28</num>
<heading> Complaints about regulatory bodies</heading>
<subsection eId="section-28-1">
<num>(1)</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-28-2">
<num>(2)</num>
<intro>
<p>The regulations may, in particular, make provision as to—</p>
</intro>
<level class="para1" eId="section-28-2-a">
<num>(a)</num>
<content>
<p>who (or what description of person) is entitled to complain,</p>
</content>
</level>
<level class="para1" eId="section-28-2-b">
<num>(b)</num>
<content>
<p>the nature of complaints which the Council must (or need not) investigate,</p>
</content>
</level>
<level class="para1" eId="section-28-2-c">
<num>(c)</num>
<content>
<p>matters which are excluded from investigation,</p>
</content>
</level>
<level class="para1" eId="section-28-2-d">
<num>(d)</num>
<content>
<p>requirements to be complied with by a person who makes a complaint,</p>
</content>
</level>
<level class="para1" eId="section-28-2-e">
<num>(e)</num>
<content>
<p>the procedure to be followed by the Council in investigating complaints,</p>
</content>
</level>
<level class="para1" eId="section-28-2-f">
<num>(f)</num>
<content>
<p>the making of recommendations or reports by the Council following investigations,</p>
</content>
</level>
<level class="para1" eId="section-28-2-g">
<num>(g)</num>
<content>
<p>the confidentiality, or disclosure, of any information supplied to the Council or acquired by it in connection with an investigation,</p>
</content>
</level>
<level class="para1" eId="section-28-2-h">
<num>(h)</num>
<content>
<p>the use which the Council may make of any such information,</p>
</content>
</level>
<level class="para1" eId="section-28-2-i">
<num>(i)</num>
<content>
<p>the making of payments to any persons in connection with investigations,</p>
</content>
</level>
<level class="para1" eId="section-28-2-j">
<num>(j)</num>
<content>
<p>privilege in relation to any matter published by the Council in the exercise of its functions under the regulations.</p>
</content>
</level>
</subsection>
<subsection eId="section-28-3">
<num>(3)</num>
<intro>
<p>The regulations may also make provision—</p>
</intro>
<level class="para1" eId="section-28-3-a">
<num>(a)</num>
<content>
<p>empowering the Council to require persons to attend before it,</p>
</content>
</level>
<level class="para1" eId="section-28-3-b">
<num>(b)</num>
<content>
<p>empowering the Council to require persons to give evidence or produce documents to it,</p>
</content>
</level>
<level class="para1" eId="section-28-3-c">
<num>(c)</num>
<content>
<p>about the admissibility of evidence,</p>
</content>
</level>
<level class="para1" eId="section-28-3-d">
<num>(d)</num>
<content>
<p>enabling the Council to administer oaths.</p>
</content>
</level>
</subsection>
<subsection eId="section-28-4">
<num>(4)</num>
<content>
<p>No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the Council which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.</p>
</content>
</subsection>
</section>
<section eId="section-29">
<num>29</num>
<heading> Reference of disciplinary cases by Council to court</heading>
<subsection eId="section-29-1">
<num>(1)</num>
<intro>
<p>This section applies to—</p>
</intro>
<level class="para1" eId="section-29-1-a">
<num>(a)</num>
<content>
<p>a direction of the Statutory Committee of the Royal Pharmaceutical Society of Great Britain under section 8 of the Pharmacy Act 1954 (c. 61) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968 (c. 67) (power to disqualify and direct removal from register),</p>
</content>
</level>
<level class="para1" eId="section-29-1-b">
<num>(b)</num>
<content>
<p>
a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (
<abbr class="acronym" title="Statutory Instrument">S.I.</abbr>
1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,
</p>
</content>
</level>
<level class="para1" eId="section-29-1-c">
<num>(c)</num>
<content>
<p>a direction by the Professional Conduct Committee of the General Medical Council under section 36 of the Medical Act 1983 (c. 54) (professional misconduct and related offences),</p>
</content>
</level>
<level class="para1" eId="section-29-1-d">
<num>(d)</num>
<content>
<p>a direction by the Committee on Professional Performance of the General Medical Council under section 36A of that Act (professional performance),</p>
</content>
</level>
<level class="para1" eId="section-29-1-e">
<num>(e)</num>
<content>
<p>a determination by the Professional Conduct Committee of the General Dental Council under section 27 of the Dentists Act 1984 (c. 24) (erasure or suspension of registration for crime or misconduct),</p>
</content>
</level>
<level class="para1" eId="section-29-1-f">
<num>(f)</num>
<content>
<p>a disciplinary order made by the Disciplinary Committee of the General Optical Council under section 17 of the Opticians Act 1989 (c. 44) (powers of Disciplinary Committee),</p>
</content>
</level>
<level class="para1" eId="section-29-1-g">
<num>(g)</num>
<content>
<p>any step taken by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (c. 21) (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee),</p>
</content>
</level>
<level class="para1" eId="section-29-1-h">
<num>(h)</num>
<content>
<p>any step taken by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (c. 17) (which relates to corresponding matters),</p>
</content>
</level>
<level class="para1" eId="section-29-1-i">
<num>(i)</num>
<content>
<p>any corresponding measure taken in relation to a nurse, midwife or health visitor,</p>
</content>
</level>
<level class="para1" eId="section-29-1-j">
<num>(j)</num>
<content>
<p>any corresponding measure taken in relation to a member of a profession regulated by the Professions Supplementary to Medicine Act 1960 (c. 66) or, after the repeal of that Act by virtue of section 60(3) of the 1999 Act, by any such Order in Council under section 60 of the 1999 Act as is mentioned in section 25(3)(i).</p>
</content>
</level>
</subsection>
<subsection eId="section-29-2">
<num>(2)</num>
<intro>
<p>This section also applies to—</p>
</intro>
<level class="para1" eId="section-29-2-a">
<num>(a)</num>
<content>
<p>a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,</p>
</content>
</level>
<level class="para1" eId="section-29-2-b">
<num>(b)</num>
<content>
<p>any corresponding decision taken in relation to a nurse, midwife or health visitor, or to any such person as is mentioned in subsection (1)(j) and</p>
</content>
</level>
<level class="para1" eId="section-29-2-c">
<num>(c)</num>
<content>
<p>a decision of the relevant regulatory body, or one of its committees or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).</p>
</content>
</level>
</subsection>
<subsection eId="section-29-3">
<num>(3)</num>
<content>
<p>The things to which this section applies are referred to below as “relevant decisions”.</p>
</content>
</subsection>
<subsection eId="section-29-4">
<num>(4)</num>
<intro>
<p>If the Council considers that—</p>
</intro>
<level class="para1" eId="section-29-4-a">
<num>(a)</num>
<content>
<p>a relevant decision falling within subsection (1) has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both, or</p>
</content>
</level>
<level class="para1" eId="section-29-4-b">
<num>(b)</num>
<content>
<p>a relevant decision falling within subsection (2) should not have been made,</p>
</content>
</level>
<wrapUp>
<p>and that it would be desirable for the protection of members of the public for the Council to take action under this section, the Council may refer the case to the relevant court.</p>
</wrapUp>
</subsection>
<subsection eId="section-29-5">
<num>(5)</num>
<intro>
<p>
In subsection (4), the “
<term refersTo="#term-relevant-court" eId="term-relevant-court">relevant court</term>
”—
</p>
</intro>
<level class="para1" eId="section-29-5-a">
<num>(a)</num>
<content>
<p>in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Scotland, means the Court of Session,</p>
</content>
</level>
<level class="para1" eId="section-29-5-b">
<num>(b)</num>
<content>
<p>in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and</p>
</content>
</level>
<level class="para1" eId="section-29-5-c">
<num>(c)</num>
<content>
<p>in the case of any other person (including one who is not registered and is not seeking registration or restoration to the register), means the High Court of Justice in England and Wales.</p>
</content>
</level>
</subsection>
<subsection eId="section-29-6">
<num>(6)</num>
<content>
<p>The Council may not so refer a case after the end of the period of four weeks beginning with the last date on which the practitioner concerned has the right to appeal against the relevant decision.</p>
</content>
</subsection>
<subsection eId="section-29-7">
<num>(7)</num>
<intro>
<p>If the Council does so refer a case—</p>
</intro>
<level class="para1" eId="section-29-7-a">
<num>(a)</num>
<content>
<p>the case is to be treated by the court to which it has been referred as an appeal by the Council against the relevant decision (even though the Council was not a party to the proceedings resulting in the relevant decision), and</p>
</content>
</level>
<level class="para1" eId="section-29-7-b">
<num>(b)</num>
<content>
<p>the body which made the relevant decision is to be a respondent.</p>
</content>
</level>
</subsection>
<subsection eId="section-29-8">
<num>(8)</num>
<intro>
<p>The court may—</p>
</intro>
<level class="para1" eId="section-29-8-a">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1" eId="section-29-8-b">
<num>(b)</num>
<content>
<p>allow the appeal and quash the relevant decision,</p>
</content>
</level>
<level class="para1" eId="section-29-8-c">
<num>(c)</num>
<content>
<p>substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or</p>
</content>
</level>
<level class="para1" eId="section-29-8-d">
<num>(d)</num>
<content>
<p>remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court,</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.</p>
</wrapUp>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" ukl:Name="Pblock" eId="part-2-crossheading-appeals">
<heading>Appeals</heading>
<section eId="section-30">
<num>30</num>
<heading> Medical practitioners</heading>
<subsection eId="section-30-1">
<num>(1)</num>
<content>
<p>The Medical Act 1983 (c. 54) is amended as follows.</p>
</content>
</subsection>
<subsection eId="section-30-2">
<num>(2)</num>
<intro>
<p>In section 40 (appeals)—</p>
</intro>
<level class="para1" eId="section-30-2-a">
<num>(a)</num>
<content>
<p>in subsection (1), paragraph (c) is omitted,</p>
</content>
</level>
<level class="para1" eId="section-30-2-b">
<num>(b)</num>
<content>
<p>
<mod>
after subsection (1), there is inserted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(1A)</num>
<content>
<p>A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.</p>
</content>
</subsection>
</quotedStructure>
<inline name="appendText">,</inline>
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-30-2-c">
<num>(c)</num>
<content>
<p>
<mod>
for subsection (3) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(3)</num>
<content>
<p>A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.</p>
</content>
</subsection>
<subsection>
<num>(3A)</num>
<intro>
<p>
In subsection (3), “
<term refersTo="#term-the-relevant-court">the relevant court</term>
”—
</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.</p>
</content>
</level>
</subsection>
<subsection>
<num>(3B)</num>
<content>
<p>A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.</p>
</content>
</subsection>
</quotedStructure>
<inline name="appendText">,</inline>
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-30-2-d">
<num>(d)</num>
<content>
<p>subsections (4) to (6), (9) and (10) are omitted, and</p>
</content>
</level>
<level class="para1" eId="section-30-2-e">
<num>(e)</num>
<content>
<p>
<mod>
for subsections (7) and (8) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(7)</num>
<intro>
<p>On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the direction or variation appealed against,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.</p>
</wrapUp>
</subsection>
<subsection>
<num>(8)</num>
<intro>
<p>On an appeal under this section from the General Council, the court (or the sheriff) may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the direction appealed against, or</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</level>
</subsection>
<subsection eId="section-30-3">
<num>(3)</num>
<intro>
<p>In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)—</p>
</intro>
<level class="para1" eId="section-30-3-a">
<num>(a)</num>
<content>
<p>
<mod>
in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted
<quotedText>“ the court (or the sheriff) ”</quotedText>
,
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-30-3-b">
<num>(b)</num>
<intro>
<p>in paragraph 10(1)—</p>
</intro>
<level class="para2" eId="section-30-3-b-i">
<num>(i)</num>
<content>
<p>
<mod>
for “section 37 of this Act and” there is substituted
<quotedText>“ section 37 of this Act, ”</quotedText>
,
</mod>
</p>
</content>
</level>
<level class="para2" eId="section-30-3-b-ii">
<num>(ii)</num>
<content>
<p>
<mod>
after “or 37 of this Act”, there is inserted
<quotedText>“ and a direction for erasure given by the General Council under section 39 of this Act ”</quotedText>
, and
</mod>
</p>
</content>
</level>
<level class="para2" eId="section-30-3-b-iii">
<num>(iii)</num>
<content>
<p>
<mod>
in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted
<quotedText>“ specified in that section ”</quotedText>
,
</mod>
</p>
</content>
</level>
</level>
<level class="para1" eId="section-30-3-c">
<num>(c)</num>
<content>
<p>paragraph 10(2) is omitted, and</p>
</content>
</level>
<level class="para1" eId="section-30-3-d">
<num>(d)</num>
<intro>
<p>in paragraph 10(3)—</p>
</intro>
<level class="para2" eId="section-30-3-d-i">
<num>(i)</num>
<content>
<p>“or (2)” is omitted,</p>
</content>
</level>
<level class="para2" eId="section-30-3-d-ii">
<num>(ii)</num>
<content>
<p>“or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,</p>
</content>
</level>
<level class="para2" eId="section-30-3-d-iii">
<num>(iii)</num>
<content>
<p>
<mod>
for “mentioned in section 40(3)” there is substituted
<quotedText>“ specified in section 40 ”</quotedText>
, and
</mod>
</p>
</content>
</level>
<level class="para2" eId="section-30-3-d-iv">
<num>(iv)</num>
<content>
<p>
<mod>
for “mentioned in the said section 40(3)” there is substituted
<quotedText>“ specified in section 40 of this Act ”</quotedText>
.
</mod>
</p>
</content>
</level>
</level>
</subsection>
</section>
<section eId="section-31">
<num>31</num>
<heading> Dentists</heading>
<subsection eId="section-31-1">
<num>(1)</num>
<content>
<p>The Dentists Act 1984 (c. 24) is amended as follows.</p>
</content>
</subsection>
<subsection eId="section-31-2">
<num>(2)</num>
<intro>
<p>In section 29 (appeals)—</p>
</intro>
<level class="para1" eId="section-31-2-a">
<num>(a)</num>
<content>
<p>
<mod>
in subsection (1), for the words from “to Her” to the end there is substituted
<quotedText>“ against that determination or direction to the relevant court. ”</quotedText>
,
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-31-2-b">
<num>(b)</num>
<content>
<p>
<mod>
after subsection (1) there is inserted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(1A)</num>
<intro>
<p>
In subsection (1), “
<term refersTo="#term-the-relevant-court">the relevant court</term>
”—
</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>in the case of any other person, means the High Court of Justice in England and Wales.</p>
</content>
</level>
</subsection>
</quotedStructure>
<inline name="appendText">,</inline>
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-31-2-c">
<num>(c)</num>
<content>
<p>subsection (2) is omitted, and</p>
</content>
</level>
<level class="para1" eId="section-31-2-d">
<num>(d)</num>
<content>
<p>
<mod>
for subsection (3) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(3)</num>
<intro>
<p>On an appeal under this section, the court may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the determination or direction appealed against,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>(in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court,</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</level>
</subsection>
<subsection eId="section-31-3">
<num>(3)</num>
<intro>
<p>In section 44 (withdrawal of privilege from body corporate)—</p>
</intro>
<level class="para1" eId="section-31-3-a">
<num>(a)</num>
<intro>
<p>in subsection (4)—</p>
</intro>
<level class="para2" eId="section-31-3-a-i">
<num>(i)</num>
<content>
<p>
<mod>
after “days” there is inserted
<quotedText>“ from service ”</quotedText>
, and
</mod>
</p>
</content>
</level>
<level class="para2" eId="section-31-3-a-ii">
<num>(ii)</num>
<content>
<p>
<mod>
for the words from “in accordance” to “Majesty in Council” there is substituted
<quotedText>“ appeal to the relevant court ”</quotedText>
, and
</mod>
</p>
</content>
</level>
</level>
<level class="para1" eId="section-31-3-b">
<num>(b)</num>
<content>
<p>
<mod>
after subsection (4) there is inserted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(4A)</num>
<intro>
<p>
In subsection (4), “
<term refersTo="#term-the-relevant-court">the relevant court</term>
”—
</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>where the registered office of the body corporate is in Northern Ireland, means the High Court of Justice in Northern Ireland,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>where the registered office of the body corporate is in Scotland, means the Court of Session,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>where the registered office of the body corporate is in any other place, means the High Court of Justice in England and Wales.</p>
</content>
</level>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</level>
</subsection>
<subsection eId="section-31-4">
<num>(4)</num>
<content>
<p>In section 51, the words from “(other” to “appeals)” are omitted.</p>
</content>
</subsection>
<subsection eId="section-31-5">
<num>(5)</num>
<content>
<p>
<mod>
In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted
<quotedText>“ under section 29 above to the relevant court ”</quotedText>
.
</mod>
</p>
</content>
</subsection>
<subsection eId="section-31-6">
<num>(6)</num>
<intro>
<p>Subsection (5) has effect—</p>
</intro>
<level class="para1" eId="section-31-6-a">
<num>(a)</num>
<content>
<p>
upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (
<abbr class="acronym" title="Statutory Instrument">S.I.</abbr>
2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),
</p>
</content>
</level>
<level class="para1" eId="section-31-6-b">
<num>(b)</num>
<content>
<p>otherwise, immediately after the coming into force to that extent of that article.</p>
</content>
</level>
</subsection>
<subsection eId="section-31-7">
<num>(7)</num>
<intro>
<p>If this section comes into force before article 10(3) of the Dentists Order—</p>
</intro>
<level class="para1" eId="section-31-7-a">
<num>(a)</num>
<content>
<p>paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and</p>
</content>
</level>
<level class="para1" eId="section-31-7-b">
<num>(b)</num>
<content>
<p>until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).</p>
</content>
</level>
</subsection>
<subsection eId="section-31-8">
<num>(8)</num>
<intro>
<p>The modifications are that section 29 is to be read as if—</p>
</intro>
<level class="para1" eId="section-31-8-a">
<num>(a)</num>
<content>
<p>in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,</p>
</content>
</level>
<level class="para1" eId="section-31-8-b">
<num>(b)</num>
<content>
<p>in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and</p>
</content>
</level>
<level class="para1" eId="section-31-8-c">
<num>(c)</num>
<intro>
<p>in paragraph (d) of subsection (3)—</p>
</intro>
<level class="para2" eId="section-31-8-c-i">
<num>(i)</num>
<content>
<p>
<mod>
for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted
<quotedText>“ or the Health Committee ”</quotedText>
, and
</mod>
</p>
</content>
</level>
<level class="para2" eId="section-31-8-c-ii">
<num>(ii)</num>
<content>
<p>the words “or Schedule 3A to this Act” were omitted.</p>
</content>
</level>
</level>
</subsection>
</section>
<section eId="section-32">
<num>32</num>
<heading> Opticians</heading>
<subsection eId="section-32-1">
<num>(1)</num>
<content>
<p>Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.</p>
</content>
</subsection>
<subsection eId="section-32-2">
<num>(2)</num>
<content>
<p>
<mod>
For subsection (1) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(1)</num>
<intro>
<p>An individual or body corporate who is notified under subsection (11) of section 17—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>that a disciplinary order has been made against him under that section; or</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>that a direction has been given in respect of him under subsection (9) of that section,</p>
</content>
</level>
<wrapUp>
<p>may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that order or direction to the relevant court.</p>
</wrapUp>
</subsection>
<subsection>
<num>(1A)</num>
<intro>
<p>
In subsection (1), “
<term refersTo="#term-the-relevant-court">the relevant court</term>
”—
</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>in the case of an individual whose address in the register is in Scotland, or a body corporate whose registered office is in Scotland, means the Court of Session,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>in the case of an individual whose address in the register is in Northern Ireland, or a body corporate whose registered office is in Northern Ireland, means the High Court of Justice in Northern Ireland, and</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>in the case of any other individual or body corporate, means the High Court of Justice in England and Wales.</p>
</content>
</level>
</subsection>
<subsection>
<num>(1B)</num>
<content>
<p>An individual or body corporate who is notified under subsection (3) of section 19 above that a direction has been given in respect of him under that section may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that direction to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register or (as the case may be) the registered office is situated.</p>
</content>
</subsection>
<subsection>
<num>(1C)</num>
<intro>
<p>On an appeal under this section, the court (or the sheriff) may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the order or direction appealed against,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>substitute for the order or direction appealed against any other order or direction which could have been made by the Disciplinary Committee, or</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>remit the case to the Disciplinary Committee to dispose of the case in accordance with the directions of the court (or the sheriff),</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subsection>
<subsection eId="section-32-3">
<num>(3)</num>
<content>
<p>
<mod>
In subsection (2), for “any such appeal”, where it first appears, there is substituted
<quotedText>“ any appeal under this section ”</quotedText>
.
</mod>
</p>
</content>
</subsection>
</section>
<section eId="section-33">
<num>33</num>
<heading> Osteopaths</heading>
<subsection eId="section-33-1">
<num>(1)</num>
<content>
<p>The Osteopaths Act 1993 (c. 21) is amended as follows.</p>
</content>
</subsection>
<subsection eId="section-33-2">
<num>(2)</num>
<intro>
<p>In section 10 (fraud or error in relation to registration)—</p>
</intro>
<level class="para1" eId="section-33-2-a">
<num>(a)</num>
<content>
<p>
<mod>
in subsection (7), for “Her Majesty in Council” there is substituted
<quotedText>“ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”</quotedText>
,
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-33-2-b">
<num>(b)</num>
<content>
<p>
<mod>
for subsection (8) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(8)</num>
<content>
<p>Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).</p>
</content>
</subsection>
</quotedStructure>
<inline name="appendText">,</inline>
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-33-2-c">
<num>(c)</num>
<content>
<p>subsection (10) is omitted, and</p>
</content>
</level>
<level class="para1" eId="section-33-2-d">
<num>(d)</num>
<content>
<p>
<mod>
for subsection (11) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(11)</num>
<intro>
<p>On an appeal under this section, the court (or the sheriff) may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the order appealed against, or</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</level>
</subsection>
<subsection eId="section-33-3">
<num>(3)</num>
<content>
<p>
<mod>
In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted
<quotedText>“ decision of a court on an appeal under section 31 ”</quotedText>
.
</mod>
</p>
</content>
</subsection>
<subsection eId="section-33-4">
<num>(4)</num>
<content>
<p>
<mod>
In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted
<quotedText>“ decision of a court on an appeal under section 31 ”</quotedText>
.
</mod>
</p>
</content>
</subsection>
<subsection eId="section-33-5">
<num>(5)</num>
<content>
<p>
<mod>
In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(4)</num>
<content>
<p>A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.</p>
</content>
</subsection>
<subsection>
<num>(4A)</num>
<intro>
<p>On an appeal under subsection (4) above, the court (or the sheriff) may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the decision appealed against,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>substitute for the decision appealed against any other decision which could have been made by the Registrar, or</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subsection>
<subsection eId="section-33-6">
<num>(6)</num>
<intro>
<p>In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—</p>
</intro>
<level class="para1" eId="section-33-6-a">
<num>(a)</num>
<content>
<p>
<mod>
in subsection (1), for the words from “sent to him” to the end there is substituted
<quotedText>“ served on him, appeal against it to the relevant court. ”</quotedText>
,
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-33-6-b">
<num>(b)</num>
<content>
<p>
<mod>
after subsection (1) there is inserted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(1A)</num>
<intro>
<p>
In subsection (1), “
<term refersTo="#term-the-relevant-court">the relevant court</term>
”—
</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>in the case of any other person, means the High Court of Justice in England and Wales.</p>
</content>
</level>
</subsection>
</quotedStructure>
<inline name="appendText">,</inline>
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-33-6-c">
<num>(c)</num>
<content>
<p>subsections (3) to (5) and (7) are omitted, and</p>
</content>
</level>
<level class="para1" eId="section-33-6-d">
<num>(d)</num>
<content>
<p>
<mod>
for subsection (8) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(8)</num>
<intro>
<p>On an appeal under this section, the court may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the decision appealed against,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</level>
</subsection>
<subsection eId="section-33-7">
<num>(7)</num>
<content>
<p>In section 35 (rules), subsection (3) is omitted.</p>
</content>
</subsection>
</section>
<section eId="section-34">
<num>34</num>
<heading> Chiropractors</heading>
<subsection eId="section-34-1">
<num>(1)</num>
<content>
<p>The Chiropractors Act 1994 (c. 17) is amended as follows.</p>
</content>
</subsection>
<subsection eId="section-34-2">
<num>(2)</num>
<intro>
<p>In section 10 (fraud or error in relation to registration)—</p>
</intro>
<level class="para1" eId="section-34-2-a">
<num>(a)</num>
<content>
<p>
<mod>
in subsection (7), for “Her Majesty in Council” there is substituted
<quotedText>“ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”</quotedText>
,
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-34-2-b">
<num>(b)</num>
<content>
<p>
<mod>
for subsection (8) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<level class="para1">
<num>(8)</num>
<content>
<p>Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).</p>
</content>
</level>
</quotedStructure>
<inline name="appendText">,</inline>
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-34-2-c">
<num>(c)</num>
<content>
<p>subsection (10) is omitted, and</p>
</content>
</level>
<level class="para1" eId="section-34-2-d">
<num>(d)</num>
<content>
<p>
<mod>
for subsection (11) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(11)</num>
<intro>
<p>On an appeal under this section, the court (or the sheriff) may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the order appealed against, or</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</level>
</subsection>
<subsection eId="section-34-3">
<num>(3)</num>
<content>
<p>
<mod>
In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted
<quotedText>“ decision of a court on an appeal under section 31 ”</quotedText>
.
</mod>
</p>
</content>
</subsection>
<subsection eId="section-34-4">
<num>(4)</num>
<content>
<p>
<mod>
In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted
<quotedText>“ decision of a court on an appeal under section 31 ”</quotedText>
.
</mod>
</p>
</content>
</subsection>
<subsection eId="section-34-5">
<num>(5)</num>
<content>
<p>
<mod>
In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(4)</num>
<content>
<p>A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.</p>
</content>
</subsection>
<subsection>
<num>(4A)</num>
<intro>
<p>On an appeal under subsection (4) above, the court (or the sheriff) may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the decision appealed against,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>substitute for the decision appealed against any other decision which could have been made by the Registrar, or</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subsection>
<subsection eId="section-34-6">
<num>(6)</num>
<intro>
<p>In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—</p>
</intro>
<level class="para1" eId="section-34-6-a">
<num>(a)</num>
<content>
<p>
<mod>
in subsection (1), for the words from “sent to him” to the end there is substituted
<quotedText>“ served on him, appeal against it to the relevant court. ”</quotedText>
,
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-34-6-b">
<num>(b)</num>
<content>
<p>
<mod>
after subsection (1) there is inserted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(1A)</num>
<intro>
<p>
In subsection (1), “
<term refersTo="#term-the-relevant-court">the relevant court</term>
”—
</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>in the case of any other person, means the High Court of Justice in England and Wales.</p>
</content>
</level>
</subsection>
</quotedStructure>
<inline name="appendText">,</inline>
</mod>
</p>
</content>
</level>
<level class="para1" eId="section-34-6-c">
<num>(c)</num>
<content>
<p>subsections (3) to (5) and (7) are omitted, and</p>
</content>
</level>
<level class="para1" eId="section-34-6-d">
<num>(d)</num>
<content>
<p>
<mod>
for subsection (8) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">
<subsection>
<num>(8)</num>
<intro>
<p>On an appeal under this section, the court may—</p>
</intro>
<level class="para1">
<num>(a)</num>
<content>
<p>dismiss the appeal,</p>
</content>
</level>
<level class="para1">
<num>(b)</num>
<content>
<p>allow the appeal and quash the decision appealed against,</p>
</content>
</level>
<level class="para1">
<num>(c)</num>
<content>
<p>substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or</p>
</content>
</level>
<level class="para1">
<num>(d)</num>
<content>
<p>remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,</p>
</content>
</level>
<wrapUp>
<p>and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</level>
</subsection>
<subsection eId="section-34-7">
<num>(7)</num>
<content>
<p>In section 35 (rules), subsection (3) is omitted.</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" ukl:Name="Pblock" eId="part-2-crossheading-the-pharmacy-profession">
<heading>The pharmacy profession</heading>
<section eId="section-35">
<num>35</num>
<heading> Regulation of the profession of pharmacy</heading>
<content>
<p>
<mod>
In Schedule 3 to the 1999 Act (which makes provision in relation to orders under section 60 of that Act regulating health care and associated professions), in paragraph 2, for sub-paragraphs (2) and (3) there is substituted—
<quotedStructure startQuote="" endQuote="" uk:context="schedule" uk:docName="unknown" ukl:TargetClass="unknown" ukl:TargetSubClass="unknown" ukl:Context="schedule" ukl:Format="default">
<subparagraph>
<num>(2)</num>
<content>
<p>But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
</p>
</content>
</section>
</hcontainer>
</part>
</body>
</act>
</akomaNtoso>