National Health Service Reform and Health Care Professions Act 2002

Part 2 U.K. [F1 Health and Social Care Professions etc.]

Textual Amendments

F1 Pt. 2 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 222(5), 306(4); S.I. 2012/2657, art. 2(3)

[F2 The Professional Standards Authority for Health and Social Care] U.K.

Textual Amendments

F2 S. 25 crossheading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 222(4), 306(4); S.I. 2012/2657, art. 2(3)

25 [F3 The Professional Standards Authority for Health and Social Care] U.K.

(1) There shall be a body corporate known as [F4 the Professional Standards Authority for Health and Social Care] (in this group of sections referred to as [F5 “the Authority”]).

(2) The general functions of the [F6 Authority] are—

(a) to promote the interests of [F7 users of health care, users of social care in England, users of social work services in England] 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.

[F8 (2A) The main objective of the [F6 Authority] in exercising its functions under subsection (2)(b) to (d) is to promote the health, safety and well-being of [F9 users of health care, users of social care in England, users of social work services in England] and other members of the public.]

(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,

[F10 (f) the General Pharmaceutical Council,]

(g) subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

[F11 (ga) the Nursing and Midwifery Council,

(gb) [F12 the Health and Care Professions Council] , and]

[F13 (j) any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.]

[F14 (3A) A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to—

(a) the social work profession in England, or

(b) social care workers in England.

(3B) For the purposes of subsection (3A)—

• “enactment” means an enactment contained in—

  (a)

  an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), or

  (b)

  subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and

• “the social work profession in England” and “social care workers in England” have the meaning given in section 60 of the 1999 Act.]

(4) Schedule 7 (which makes further provision about the [F15 Authority]) is to have effect.

(5) “This group of sections” means this section and sections [F16 26][F16 25A] 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) F17 ... of Schedule 3 to the 1999 Act.

Textual Amendments

F3 S. 25 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 222(3), 306(4); S.I. 2012/2657, art. 2(3)

F4 Words in s. 25(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 222(2)(a), 306(4); S.I. 2012/2657, art. 2(3)

F5 Words in s. 25(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 222(2)(b), 306(4); S.I. 2012/2657, art. 2(3)

F6 Words in s. 25(2)(2A) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(a); S.I. 2012/2657, art. 2(3)

F7 Words in s. 25(2)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(1), 306(4); S.I. 2012/1319, art. 2(4)

F8 S. 25(2A) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 113(3), 170(3)(4); S.I. 2008/3244, art. 2(a)

F9 Words in s. 25(2A) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(2), 306(4); S.I. 2012/1319, art. 2(4)

F10 S. 25(3)(f) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 10(2); S.I. 2010/1621, art. 2(1), Sch.

F11 S. 25(3)(ga)(gb) substituted (1.1.2009) for s. 25(3)(h)(i) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 17(2); S.I. 2008/3244, art. 2(i)(xii)

F12 Words in s. 25(3)(gb) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(b); S.I. 2012/1319, art. 2(4)

F13 S. 25(3)(j) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 17(3); S.I. 2008/3244, art. 2(i)(xii)

F14 S. 25(3A)(3B) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 220(6), 306(4); S.I. 2012/1319, art. 2(4)

F15 Word in s. 25(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(a); S.I. 2012/2657, art. 2(3)

F16 Word in s. 25(5) substituted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(2), 306(1)(d)(4); S.I. 2015/409, art. 2

F17 Words in s. 25(6) repealed (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 17(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)(i)(xii)

Commencement Information

I1 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

[F18 25A Funding of the Authority U.K.

(1) The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations.

(2) A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A.

(3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.

(4) Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations.

(5) The Authority must—

(a) comply with a request under subsection (4), but

(b) before doing so, consult the regulatory bodies.

(6) Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies.

(7) Having taken into account such representations as it receives from consultees, the Privy Council must—

(a) make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay.

(8) The Privy Council must—

(a) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

(b) consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay.

(9) Having taken into account such representations as it receives from consultees, the Privy Council must—

(a) determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay.

(10) Regulations under this section requiring payment of a fee may make provision—

(a) requiring the fee to be paid within such period as is specified;

(b) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

(c) for the recovery of unpaid fees or interest.

(11) The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative.

(12) Before making regulations under this section, the Privy Council must consult—

(a) the Authority,

(b) the regulatory bodies, and

(c) such other persons as it considers appropriate.]

Textual Amendments

F18 S. 25A inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(1), 306(1)(d)(4); S.I. 2015/409, art. 2

[F19 25C Appointments to regulatory bodies U.K.

(1) The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body.

(2) The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with—

(a) its exercise of any of its appointment functions in relation to a regulatory body;

(b) its exercise of its function under paragraph 4 of Schedule 7.

(3) The Privy Council may make arrangements with any other person to assist it in connection with—

(a) its exercise of any of its appointment functions in relation to a regulatory body;

(b) its exercise of its function under paragraph 4 of Schedule 7.

(4) The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(5) The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(6) The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph.

(7) In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland.

(8) In this section, “appointment functions” means—

(a) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),

(b) in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(c) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(d) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(e) in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(f) in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(g) in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and

(h) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).

(9) A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function.]

Textual Amendments

F19 S. 25C inserted (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 227, 306(4); S.I. 2012/1319, art. 2(3) (with art. 3)

[F20 25D Power of regulatory bodies to establish voluntary registers U.K.

(1) A regulatory body may establish and maintain a voluntary register of persons who are (and, where the body thinks appropriate, persons who have been)—

(a) unregulated health professionals;

(b) unregulated health care workers;

(c) unregulated social care workers in England;

(d) participating in studies that come within subsection (2) or (3).

(2) Studies come within this subsection if they are studies for the purpose of becoming a member of—

(a) a profession to which section 60(2) of the Health Act 1999 applies, or

(b) the social work profession in England.

(3) Studies come within this subsection if they are studies for the purpose of becoming—

(a) an unregulated health professional,

(b) an unregulated health care worker, or

(c) an unregulated social care worker in England.

(4) A regulatory body may establish and maintain a register under subsection (1)(a), (b) or (c) of only such persons as are (or have been) engaged in work that supports, or otherwise relates to, work engaged in by members of a profession which the body regulates; but this subsection does not apply to the Health and Care Professions Council.

(5) A regulatory body may establish and maintain a register under subsection (1)(d) of only such persons as are (or have been) participating in studies for the purpose of—

(a) in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates,

(b) in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or

(c) in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register.

(6) The General Pharmaceutical Council may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work or participating in studies in England, Wales or Scotland.

(7) The Pharmaceutical Society of Northern Ireland may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work, or are participating in studies, in Northern Ireland.

(8) A regulatory body may establish and maintain a register under subsection (1) jointly with one or more other regulatory bodies.

(9) Where regulatory bodies establish and maintain a register in reliance on subsection (8)—

(a) subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council),

(b) subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and

(c) subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies.

(10) But subsections (6) and (7) do not apply where the bodies concerned are or include the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland.

(11) Accordingly, in those circumstances, the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland may jointly establish and maintain a register of persons who are (and, where they consider appropriate, have been) engaged in work or participating in studies anywhere in the United Kingdom.

(12) A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine.

Textual Amendments

F20 Ss. 25D-25F inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 228, 306(4); S.I. 2012/2657, art. 2(3)

25E Section 25D: interpretation U.K.

(1) This section applies for the purposes of section 25D.

(2) “Voluntary register” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to—

(a) use a title,

(b) practise as a member of a profession,

(c) engage in work that involves the provision of health care,

(d) engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or

(e) participate in studies that come within section 25D(2) or (3).

(3) Where an enactment imposes a requirement of that kind which applies to part only of the United Kingdom, a register is to be regarded as a voluntary register in so far as it applies to any part of the United Kingdom to which the requirement does not apply.

(4) The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies—

(a) only to work or practice of a particular kind, and

(b) only when work or practice of that kind is engaged in for particular purposes.

(5) In subsections (2) to (4), “enactment” means an enactment contained in, or in an instrument made under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of the National Assembly for Wales, or

(d) Northern Ireland legislation.

(6) “Unregulated health professional” means a member of a profession—

(a) which is concerned with the physical or mental health of individuals, but

(b) to which section 60(2) of the Health Act 1999 does not apply.

(7) “Unregulated health care worker” means a person engaged in work which—

(a) involves the provision of health care, but

(b) is not work which may be engaged in only by members of a profession.

(8) In subsections (2) and (7), “health care” includes—

(a) all forms of health care for individuals, whether relating to physical or mental health, and

(b) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

(9) “Unregulated social care worker in England” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999.

(10) But a person is not to be regarded as being (or having been) engaged in work as an unregulated social care worker merely because the person is (or has been) participating in a course of the description given in subsection (2ZC)(o) of that section (social work courses).

(11) “The social work profession in England” has the meaning given in that section.

Textual Amendments

F20 Ss. 25D-25F inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 228, 306(4); S.I. 2012/2657, art. 2(3)

25F Establishment of voluntary register: impact assessment U.K.

(1) Before establishing a register under section 25D, a regulatory body—

(a) must make an assessment of the likely impact of doing so, and

(b) must consult such persons as it considers appropriate.

(2) In performing the duty under subsection (1)(a), the body must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.

(3) An assessment under this section must, in particular, include an assessment of the likely impact of establishing the register on—

(a) persons who would be eligible for inclusion in the register;

(b) persons who employ persons who would be eligible for inclusion in the register;

(c) users of health care, users of social care in England and users of social work services in England.

(4) A regulatory body must publish any assessment it makes under this section.

(5) In deciding whether to establish a register under section 25D, a regulatory body must have regard to the assessment it made under this section in relation to the register.]

Textual Amendments

F20 Ss. 25D-25F inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 228, 306(4); S.I. 2012/2657, art. 2(3)

[F21 25G Power of the Authority to accredit voluntary registers U.K.

(1) Where a regulatory body or other person maintains a voluntary register, the Authority may, on an application by the body or other person, take such steps as it considers appropriate for the purpose of establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation criteria”).

(2) Accreditation criteria may, in particular, relate to—

(a) the provision to the Authority of information in connection with the establishment, operation or maintenance of register;

(b) publication of the names of persons included in the register or who have been removed from the register (whether voluntarily or otherwise);

(c) the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal from the register.

(3) If the Authority is satisfied that a voluntary register meets the accreditation criteria, it may accredit the register.

(4) The Authority may carry out periodic reviews of the operation of registers accredited under this section for the purpose of establishing whether they continue to meet the accreditation criteria.

(5) If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation of the register.

(6) The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine.

(7) The Authority must publish such accreditation criteria as it sets.

(8) The Authority may publish a list of registers accredited under this section.

(9) “Voluntary register” has the meaning given in section 25E.

Textual Amendments

F21 Ss. 25G-25I inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(1), 306(4); S.I. 2012/2657, art. 2(3)

25H Accreditation of voluntary register: impact assessment U.K.

(1) Before accrediting a register under section 25G, the Authority—

(a) must make an assessment of the likely impact of doing so, and

(b) must consult such persons as it considers appropriate.

(2) For that purpose, the Authority must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.

(3) An assessment under this section must, in particular, include an assessment of the likely impact of accrediting the register on—

(a) persons who are, or are eligible to be, included in the register;

(b) persons who employ persons who are, or are eligible to be, included in the register;

(c) users of health care, users of social care in England and users of social work services in England.

(4) For the purposes of subsection (3), the Authority may request the person who maintains the register to provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority may refuse to accredit the register.

(5) The Authority may publish any assessment it makes under this section.

(6) In deciding whether to accredit a register under section 25G, the Authority must have regard to its assessment under this section in relation to the register.

Textual Amendments

F21 Ss. 25G-25I inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(1), 306(4); S.I. 2012/2657, art. 2(3)

25I Functions of the Authority in relation to accredited voluntary registers U.K.

(1) The Authority has the following functions—

(a) to promote the interests of users of health care, users of social care in England, users of social work services in England and other members of the public in relation to the performance of voluntary registration functions,

(b) to promote best practice in the performance of voluntary registration functions, and

(c) to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles.

(2) In this section—

(a) a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and

(b) “accredited voluntary register” means a register accredited under section 25G”.]

Textual Amendments

F21 Ss. 25G-25I inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(1), 306(4); S.I. 2012/2657, art. 2(3)

26 Powers and duties of the [F22 Authority] : general U.K.

(1) Except as mentioned in subsections (3) to (6), the [F23 Authority] 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 [F23 Authority] 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.

[F24 (2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions.]

(3) The [F23 Authority] 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.

[F25 (3A) A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions.]

[F26 (4) Subsection (3) does not prevent the [F23 Authority] from—

(a) taking action under section 28,

(b) where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, or

(c) investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases.]

[F27 (4A) For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A).]

F28 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F29 The Authority] 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.

F30 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F32 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33 (13) In this section, “voluntary registration functions” is to be construed in accordance with section 25I.]

Textual Amendments

F22 Word in s. 26 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(i); S.I. 2012/2657, art. 2(3)

F23 Word in s. 26(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(b); S.I. 2012/2657, art. 2(3)

F24 S. 26(2A) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(2), 306(4); S.I. 2012/2657, art. 2(3)

F25 S. 26(3A) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(3), 306(4); S.I. 2012/2657, art. 2(3)

F26 S. 26(4) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 115, 170(3)(4); S.I. 2008/3244, art. 2(c)

F27 S. 26(4A) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(4), 306(4); S.I. 2012/2657, art. 2(3)

F28 S. 26(5) omitted (27.9.2010) by virtue of The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 10(3); S.I. 2010/1621, art. 2(1), Sch.

F29 Words in s. 26(6) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 63; S.I. 2012/2657, art. 2(3)

F30 S. 26(7) repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 116(2), 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(c)(j)

F31 S. 26(8) repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 116(2), 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(c)(j)

F32 S. 26(12) omitted (1.12.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 64; S.I. 2012/2657, art. 2(3)

F33 S. 26(13) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(5), 306(4); S.I. 2012/2657, art. 2(3)

[F34 26A Powers of Secretary of State and devolved administrations U.K.

(1) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the [F35 Authority] for advice on any matter connected with a profession appearing to the person making the request to be a health care profession; and the [F35 Authority] must comply with such a request.

[F36 (1A) The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request.]

[F37 (1B) The Secretary of State may request the Authority for advice on any matter connected with accreditation of registers under section 25G; and the Authority must comply with such a request.

(1C) The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D); and the Authority must comply with such a request.

(1D) The registers are registers of persons who are or have been—

(a) unregulated social care workers in England,

(b) participating in studies for the purpose of becoming a member of the social work profession in England;

(c) participating in studies for the purpose of becoming an unregulated social care worker in England.

(1E) In subsection (1D), “the social work profession in England” and “unregulated social care worker in England” each have the meaning given in section 25E.]

(2) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may require the [F35 Authority] to investigate and report on a particular matter in respect of which the [F38 Authority's] functions are exercisable.

(3) In this section[F39 —

• “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; and

• “the relevant Northern Ireland department” means the Department of Health, Social Services and Public Safety in Northern Ireland Public Safety in Northern Ireland.]]

Textual Amendments

F34 S. 26A inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 116(1), 170(3)(4); S.I. 2008/3244, art. 2(c)

F35 Words in s. 26A(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(c); S.I. 2012/2657, art. 2(3)

F36 S. 26A(1A) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(3), 306(4); S.I. 2012/1831, art. 2(2) (with art. 8)

F37 Ss. 26A(1B)-(1E) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(6), 306(4); S.I. 2012/2657, art. 2(3)

F38 Word in s. 26A(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 65; S.I. 2012/2657, art. 2(3)

F39 Words in s. 26A(3) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(5), 306(4); S.I. 2012/1319, art. 2(4)

[F40 26B Duty to inform and consult the public U.K.

(1) For the purpose of ensuring that members of the public are informed about the [F41 Authority] and the exercise by it of its functions, the [F41 Authority] must publish or provide in such manner as it thinks fit information about the [F41 Authority] and the exercise of its functions.

[F42 (1A) The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions.

(1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions.

(1C) For the purposes of this section, the Authority's accreditation functions are—

(a) its functions under sections 25G to 25I,

(b) its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and

(c) its function under section 26A(1B).]

(2) Nothing in subsection (1) [F43 or (1B)] authorises or requires the publication or provision of information if the publication or provision of that information—

(a) is prohibited by any enactment, or

(b) would constitute or be punishable as a contempt of court.

(3) In subsection (2) “enactment” has the same meaning as in Part 2 of the Health and Social Care Act 2008.

(4) The [F44 Authority] must from time to time seek the views of—

(a) members of the public, and

(b) bodies which appear to the [F44 Authority] to represent the interests of [F45 users of health care, users of social care in England or users of social work services in England] ,

on matters relevant to the exercise by it of its functions [F46 (other than its accreditation functions)] .]

Textual Amendments

F40 S. 26B inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 117, 170(3)(4); S.I. 2008/3244, art. 2(c)

F41 Words in s. 26B(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(d); S.I. 2012/2657, art. 2(3)

F42 Ss. 26B(1A)-(1C) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(7), 306(4); S.I. 2012/2657, art. 2(3)

F43 Words in s. 26B(2) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(8), 306(4); S.I. 2012/2657, art. 2(3)

F44 Words in s. 26B(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(d); S.I. 2012/2657, art. 2(3)

F45 Words in s. 26B(4)(b) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(6), 306(4); S.I. 2012/1831, art. 2(2)

F46 Words in s. 26B(4) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 229(9), 306(4); S.I. 2012/2657, art. 2(3)

27 Regulatory bodies and the [F47 Authority] U.K.

(1) Each regulatory body must in the exercise of its functions co-operate with the [F48 Authority] .

(2) If the [F48 Authority] 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) [F49 The Authority] 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 [F50 Authority] 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 [F51 Authority] 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 [F52 Authority] 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.

Textual Amendments

F47 Word in s. 27 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(i); S.I. 2012/2657, art. 2(3)

F48 Words in s. 27(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(e); S.I. 2012/2657, art. 2(3)

F49 Words in s. 27(3) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 63; S.I. 2012/2657, art. 2(3)

F50 Word in s. 27(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(e); S.I. 2012/2657, art. 2(3)

F51 Word in s. 27(10) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(e); S.I. 2012/2657, art. 2(3)

F52 Word in s. 27(14) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(e); S.I. 2012/2657, art. 2(3)

Commencement Information

I2 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)

28 Complaints about regulatory bodies U.K.

(1) The Secretary of State may make provision in regulations about the investigation by the [F53 Authority] 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 [F54 Authority] 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 [F55 Authority] in investigating complaints,

(f) the making of recommendations or reports by the [F55 Authority] following investigations,

(g) the confidentiality, or disclosure, of any information supplied to the [F55 Authority] or acquired by it in connection with an investigation,

(h) the use which the [F55 Authority] 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 [F56 Authority] in the exercise of its functions under the regulations.

(3) The regulations may also make provision—

(a) empowering the [F57 Authority] to require persons to attend before it,

(b) empowering the [F57 Authority] to require persons to give evidence or produce documents to it,

(c) about the admissibility of evidence,

(d) enabling the [F58 Authority] 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 [F59 Authority] which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.

Textual Amendments

F53 Word in s. 28(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F54 Word in s. 28(2)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F55 Words in s. 28(2)(e)(f)(g)(h) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F56 Word in s. 28(2)(j) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F57 Words in s. 28(3)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F58 Word in s. 28(3)(d) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

F59 Word in s. 28(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

Commencement Information

I3 S. 28 partly in force; s. 28 in force for certain purposes at Royal Assent, see s. 42(3)

29 Reference of disciplinary cases by [F60 Authority] to court U.K.

(1) This section applies to—

[F61 (a) a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (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,

[F62 (c) a direction by a Fitness to Practise Panel of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired F63 ...,]

[F64 (e) a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired F65 ...,]

[F66 (f) a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee)F67 ...;]

[F68 (g) any step taken—

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

(ii) by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),]

[F69 (h) any step taken—

(i) by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

(ii) by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),]

(i) any corresponding measure taken in relation to a nurse [F70 or midwife under the Nursing and Midwifery Order 2001] ,

[F71 (j) any corresponding measure taken in relation to a member of a profession regulated by [F72 the Health and Social Work Professions Order 2001] , under that Order.]

(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 [F73 or midwife under the Nursing and Midwifery Order 2001] , 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 [F74 Authority] 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 [F74 Authority] to take action under this section, the [F74 Authority] may refer the case to the relevant court.

[F75 (5) In subsection (4) [F76 (subject to subsection (5A))] , the “relevant court” —

(a) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,

(b) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address 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.]

[F77 (5A) In the case of a social worker in England, the “relevant court” means the High Court of Justice in England and Wales.]

(6) [F78 The Authority] may not so refer a case after the end of the period of [F79 40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision] .

(7) If the [F80 Authority] 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 [F80 Authority] against the relevant decision (even though the [F80 Authority] 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.

Textual Amendments

F60 Word in s. 29 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(i); S.I. 2012/2657, art. 2(3)

F61 S. 29(1)(a) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 10(4); S.I. 2010/1621, art. 2(1), Sch.

F62 S. 29(1)(c) substituted for s. 29(1)(c)(d) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 13 (with Sch. 2)

F63 Words in s. 29(1)(c) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 73(1)(a); S.I. 2012/1319, art. 2(3)

F64 S. 29(1)(e) substituted (coming into force in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008) of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 6 para. 4 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F65 Words in s. 29(1)(e) repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(c), 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(e)(j)

F66 S. 29(1)(f) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 13 (with Sch. 2)

F67 Words in s. 29(1)(f) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 73(1)(b); S.I. 2012/1319, art. 2(3)

F68 S. 29(1)(g) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(e), 170(3)(4); S.I. 2008/3244, art. 2(e)

F69 S. 29(1)(h) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(f), 170(3)(4); S.I. 2008/3244, art. 2(e)

F70 Words in s. 29(1)(i) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 1(a)

F71 S. 29(1)(j) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(g), 170(3)(4); S.I. 2008/3244, art. 2(e)

F72 Words in s. 29(1)(j) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 213(7)(j), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F73 Words in s. 29(2)(b) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 1(b)

F74 Words in s. 29(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(g); S.I. 2012/2657, art. 2(3)

F75 S. 29(5) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(3), 170(3)(4); S.I. 2008/3244, art. 2(f)

F76 Words in s. 29(5) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(9), 306(4); S.I. 2012/1319, art. 2(4)

F77 S. 29(5A) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(10), 306(4); S.I. 2012/1319, art. 2(4)

F78 Words in s. 29(6) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 63; S.I. 2012/2657, art. 2(3)

F79 Words in s. 29(6) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(4), 170(3)(4); S.I. 2008/3244, art. 2(f)

F80 Words in s. 29(7) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(g); S.I. 2012/2657, art. 2(3)

Modifications etc. (not altering text)

C1 S. 29(1)(c) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(5), 170(3)(4); S.I. 2008/3244, art. 2(f)

C2 S. 29(1)(f) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(6), 170(3)(4); S.I. 2008/3244, art. 2(f)

Appeals U.K.

30 Medical practitioners U.K.

(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 U.K.

(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 U.K.

(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 U.K.

(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 U.K.

(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 U.K.

35 Regulation of the profession of pharmacy U.K.

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.”