National Health Service Reform and Health Care Professions Act 2002

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(11) A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.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.