National Health Service Reform and Health Care Professions Act 2002

25 [F1 The Professional Standards Authority for Health and Social Care] U.K.

(1) There shall be a body corporate known as [F2 the Professional Standards Authority for Health and Social Care] (in this group of sections referred to as [F3 “the Authority”]).

(2) The general functions of the [F4 Authority] are—

(a) to promote the interests of [F5 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.

[F6 (2A) The over-arching objective of the Authority in exercising its functions under subsection (2)(b) to (d) is the protection of the public.

(2B) The pursuit by the Authority of its over-arching objective involves the pursuit of the following objectives—

(a) to protect, promote and maintain the health, safety and well-being of the public;

(b) to promote and maintain public confidence in the professions regulated by the regulatory bodies;

(c) to promote and maintain proper professional standards and conduct for members of those professions;

(d) to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies (as defined in article 3(1) of the Pharmacy Order 2010 (S.I. 2010/231)); and

(e) to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989).]

(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,

[F7 (f) the General Pharmaceutical Council,]

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

[F8 (ga) the Nursing and Midwifery Council,

(gb) [F9 the Health and Care Professions Council], ]

[F10 (gc) Social Work England] and,

[F11 (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.]

[F12 [F13 (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) a reference to Social Work England, or

(b) 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 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

• [F14 “social care workers in England” has 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 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

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 S. 25(2A)(2B) substituted for s. 25(2A) (26.9.2016) by Health and Social Care (Safety and Quality) Act 2015 (c. 28), ss. 5(1), 6(4); S.I. 2016/906, reg. 2(a)

F7 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.

F8 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)

F9 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)

F10 S. 25(3)(gc) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 2(2); S.I. 2019/1436, reg. 2(r)

F11 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)

F12 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)

F13 S. 25(3A) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 2(3); S.I. 2019/1436, reg. 2(r)

F14 Words in s. 25(3B) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 2(4); S.I. 2019/1436, reg. 2(r)

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)

Modifications etc. (not altering text)

C1 S. 25(3)(g) excluded by 2003 c. 31, s. 5B(12)(a) (as inserted (31.10.2015) by Serious Crime Act 2015 (c. 9), ss. 74, 88(1); S.I. 2015/1809, reg. 2(a))

C2 S. 25(3A) excluded by 2003 c. 31, s. 5B(12)(b) (as inserted (31.10.2015) by Serious Crime Act 2015 (c. 9), ss. 74, 88(1); S.I. 2015/1809, reg. 2(a))

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