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Part III U.K. Miscellaneous and Supplementary

Modifications etc. (not altering text)

C1Pt. III applied to Isles of Scilly (with modifications) (14.3.2001) by S.I. 2001/448, art. 2

MiscellaneousU.K.

60 Regulation of health care and associated professions.U.K.

(1)Her Majesty may by Order in Council make provision—

(a)modifying the regulation of any profession to which subsection (2) applies, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which the profession provides or to which it contributes,

(b)regulating any other profession which appears to Her to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section.

[F1(c)modifying the functions, powers or duties of [F2the Council for Healthcare Regulatory Excellence],

(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.

[F3(f)modifying the constitution, functions, powers or duties of the Office of the Health Professions Adjudicator.]]

(2)The professions referred to in subsection (1)(a) are—

(a)the professions regulated by F4. . . the M1Medical Act 1983, the M2Dentists Act 1984, the M3Opticians Act 1989, the M4Osteopaths Act 1993 and the M5Chiropractors Act 1994,

[F5(aa)the professions regulated by [F6the Pharmacy Order 2010] and the Pharmacy (Northern Ireland) Order 1976,]

(b)the professions regulated by [F7the Nursing and Midwifery Order 2001] ,

(c)the professions regulated by [F8the Health Professions Order 2001] ,

[F9(ca)the profession regulated by so much of the Hearing Aid Council Act 1968 as relates to dispensers of hearing aids,]

(d)any other profession regulated by an Order in Council under this section.

[F10(2A)Her Majesty may also by Order in Council make provision relating to, or connected with, the functions of the relevant regulatory body in relation to—

(a)the registration of premises under Part 4 of the Medicines Act 1968 (pharmacies),

(b)the regulation of the use of premises for the purposes of a retail pharmacy business, within the meaning of the Medicines Act 1968,

(c)compliance with the provisions of that Act,

(d)compliance with the provisions of the Poisons Act 1972 or the Poisons (Northern Ireland) Order 1976 by persons admitted to practice and persons carrying on a retail pharmacy business, and

(e)the grant of authorisations under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance).

(2B)In subsection (2A) “the relevant regulatory body” means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).]

(3)The Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 are to cease to have effect.

(4)Schedule 3 (which makes further provision about Orders under this section) is to have effect.

Textual Amendments

F4Words in s. 60(2)(a) omitted (1.1.2009) and repealed (prosp.) by virtue of Health and Social Care Act 2008 (c. 14), ss. 111, 166, 170(3), Sch. 8 para. 1(3)(a), Sch. 15 Pt. 2; S.I. 2008/3244, art. 3(a)(c)(i)

F7Words in s. 60(2)(b) substituted by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 16(a) (with savings in art. 3(18) and transitional provisions in art. 54(1), Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F8Words in s. 60(2)(c) substituted by The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 8(a) (with savings in art. 3(19) and transitional provisions in art. 48(1), Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

Commencement Information

I1S. 60 wholly in force at 1.8.2004; s. 60 not in force at Royal Assent, see s. 67(1); s. 60(3) in force for certain purposes at 1.7.1999, see s. 67(3); s. 60(1)(2)(4) in force at 15.3.2000 by S.I. 2000/779, art. 2(1) (subject to art. 2(2)); s. 60(3) in force for certain further purposes at 11.5.2001 by S.I. 2001/1985, art. 2(2); s. 60(3) in force for certain further purposes at 1.4.2002 by S.I. 2002/1167, arts. 2-5; s. 60(3) in force for certain further purposes at 9.7.2003 by S.I. 2003/1689. {art. 2}; s. 60(3) in force so far as not already in force at 1.8.2004 by S.I. 2004/1859, art. 3

Marginal Citations

[F1160AStandard of proof in fitness to practise proceedingsU.K.

(1)The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings.

(2)Subsection (1) applies to any proceedings before—

(a)the Office of the Health Professions Adjudicator, or

(b)a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body,

which relate to a person's fitness to practise a profession to which section 60(2) applies.

(3)In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies.

(4)An Order in Council under section 60 may not—

(a)amend this section, or

(b)make any provision that is inconsistent with subsection (1).]

Textual Amendments

F11S. 60A inserted (3.11.2008 for specified purposes) by Health and Social Care Act 2008 (c. 14), ss. 112, 170(3); S.I. 2008/2717, art. 2

61 English and Scottish border provisions.U.K.

(1)Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.

(2)This subsection applies to any functions under [F12the National Health Service Act 2006, or the National Health Service (Wales) Act 2006]F13. . . which are exercisable by the Secretary of State or any [F14Strategic Health Authority] or Primary Care Trust.

(3)Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.

(4)This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.

(5)In this section—

Textual Amendments

F14Words in s. 61(2) substituted (1.10.2002 for E.W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 para. 54; S.I. 2002/2478, art. 3(1)(c) (subject to arts. 2(2), 3(3) and with transitional provisions in art. 4)