Textual Amendments
F1S. 25 crossheading substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 16; S.I. 2008/3244, art. 2(i)(xi)
(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.
[F2(4)Subsection (3) does not prevent the Council 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.]
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(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.
(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.
Textual Amendments
F2S. 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)
F3S. 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.
F4S. 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)
F5S. 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)