Health Act 1999

Section 60.

SCHEDULE 3 U.K. Regulation of health care and associated professions

Matters generally within the scope of the Orders U.K.

1 U.K. An Order may make provision, in relation to any profession, for any of the following matters (among others)—

(a) the establishment and continuance of a regulatory body,

(b) keeping a register of members admitted to practice,

(c) education and training before and after admission to practice,

(d) privileges of members admitted to practice,

(e) standards of conduct and performance,

(f) discipline and fitness to practise,

(g) investigation and enforcement by or on behalf of the regulatory body,

(h) appeals,

(j) default powers exercisable by a person other than the regulatory body.

[F1 1A U.K. An Order may make provision, in relation to any social care workers in England, for any of the following matters (among others)—

(a) the establishment and continuance of a regulatory body,

(b) the functions of the Health and Care Professions Council or of another regulatory body,

(c) keeping registers of social care workers in England of any description,

(d) privileges of registered persons,

(e) education and training,

(f) standards of conduct and performance,

(g) discipline,

(h) removal or suspension from registration or the imposition of conditions on registration,

(i) investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory body,

(j) appeals,

(k) default powers exercisable by a person other than the Health and Care Professions Council or another regulatory body.]

Textual Amendments

F1 Sch. 3 para. 1A inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(2), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

[F2 1B U.K. The provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of conduct and performance of members of a profession, or social care workers in England, carrying out the functions of an approved mental health professional.]

Textual Amendments

F2 Sch. 3 para. 1B inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(3), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

Manner of exercise of power U.K.

2 (1) The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document. U.K.

(2) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 para. 2(2) omitted (1.10.2006) and repealed (prosp.) by virtue of Health Act 2006 (c. 28), ss. 33, 80(2), 83(7), Sch. 9; S.I. 2006/2603, art. 3

3 U.K. The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.

4 U.K. The power may be exercised so as to make provision for the charging of fees.

5 U.K. The power may be exercised so as to—

(a) confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers [F4 , a Northern Ireland department] or the National Assembly for Wales, or

(b) modify their functions.

Textual Amendments

F4 Words in Sch. 3 para. 5 inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 4; S.I. 2008/3244, art. 3(a)(c)(iii)

6 U.K. The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.

Matters outside the scope of the Orders U.K.

7 [F5 (1) An Order may not abolish— U.K.

(a) the regulatory body of any profession to which section 60(2)(a) applies,

(b) the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland,

(c) [F6 the Health Professions Council,]

[F6 the Health and Care Professions Council,]

(d) the Nursing and Midwifery Council, or

(e) any other regulatory body established by an Order.

(1A) Sub-paragraph (1)(b) does not prevent an Order in Council from establishing a new regulatory body for the professions mentioned in section 60(2)(aa) and transferring to it any of the functions of the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland.]

(2) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (4) An Order may not confer any additional powers of direction over [F10 the Council for Healthcare Regulatory Excellence].]

Textual Amendments

F5 Sch. 3 para. 7(1)(1A) substituted (1.1.2009) for Sch. 3 para. 7(1) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 5(2); S.I. 2008/3244, art. 3(a)(c)(iii)

F6 Sch. 3 para. 7(1)(c) substituted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(4), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F7 Sch. 3 para. 7(2) 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. 5(3), Sch. 15 Pt. 2; S.I. 2008/3244, art. 3(a)(c)(iii)

F8 Sch. 3 para. 7(3) repealed (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 111, 166, 170(3), Sch. 8 para. 5(4), Sch. 15 Pt. 2; S.I. 2008/2497, art. 3(b)(ii)

F9 Sch. 3 para. 7(4) inserted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 26(10); S.I. 2002/2202, art. 2(3)(b)

F10 Words Sch. para. 7(4) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 127,170(3), {Sch. 10 para. 12}; S.I. 2008/3244, art. 2(i)(ix)

8 (1) Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers to exercise that function. U.K.

(2) The functions are—

(a) keeping the register of members admitted to practice,

(b) determining standards of education and training for admission to practice,

(c) giving advice about standards of conduct and performance,

(d) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (2ZA) Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person other than that body or any of its committees or officers to exercise that function.

(2ZB) The functions are—

(a) keeping the registers of social care workers in England of any description,

(b) determining standards of education and training required as a condition of registration,

(c) giving advice about standards of conduct and performance.]

[F13 (2A) Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers or the Office of the Health Professions Adjudicator to exercise that function.

(2B) In sub-paragraphs (1) and (2A) references to a regulatory body do not include references to any of the following—

(a) the Royal Pharmaceutical Society of Great Britain,

(b) the Pharmaceutical Society of Northern Ireland, and

(c) the Hearing Aid Council.]

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 3 para. 8(2)(d) omitted (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 6(2); S.I. 2008/3244, art. 3(a)(c)(iii)

F12 Sch. 3 para. 8(2ZA)(2ZB) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(5), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F13 Sch. 3 para. 8(2A)(2B) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 6(3); S.I. 2008/3244, art. 3(a)(c)(iii)

F14 Sch. 3 para. 8(3) omitted (1.4.2004) by virtue of The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 8(b) (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. and see London Gazette of 21.7.2004)

Preliminary procedure for making Orders U.K.

9 (1) If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first— U.K.

(a) publish a draft of an Order, and

(b) invite representations to be made to him about the draft by persons appearing to him appropriate to represent [F15 any profession] [F16 or any social care workers in England] to be regulated, persons appearing to him appropriate to represent those provided with services [F17 by any profession [F18 or any social care workers in England] to be regulated] and any other persons appearing to him appropriate to consult about the draft.

[F19 (1A) In the case of a draft Order which amends or repeals—

(a) an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or

(b) any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,

but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.]

(2) After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.

(3) If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament [F20 and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence]—

(a) the Secretary of State’s duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and

(b) sub-paragraph (4) shall apply instead of sub-paragraph (2).

(4) After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.

Textual Amendments

F15 Words in Sch. 3 para. 9(1)(b) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(2)(a); S.I. 2008/3244, art. 3(a)(c)(iii)

F16 Words in Sch. 3 para. 9(1)(b) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(6)(a), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F17 Words in Sch. 3 para. 9(1)(b) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(2)(b); S.I. 2008/3244, art. 3(a)(c)(iii)

F18 Words in Sch. 3 para. 9(1)(b) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(6)(b), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F19 Sch. 3 para. 9(1A) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(3); S.I. 2008/3244, art. 3(a)(c)(iii)

F20 Words in Sch. 3 para. 9(3) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(4); S.I. 2008/3244, art. 3(a)(c)(iii)

Interpretation and application U.K.

10 U.K. In this Schedule—

• [F21 “dental practitioner” means a person registered in the dentists register under the Dentists Act 1984,

• “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)

  a Measure or Act of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation,

• “functions” includes powers and duties,

• “medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,]

• “Order” means an Order in Council under section 60,

• “regulatory body”, in relation to any profession [F22 or any social care workers in England] , means the body (or main body) responsible for the regulation of the profession [F23 or the social care workers in England concerned] ,

• [F24 “social care work in England”, “social care workers in England” and “the social work profession in England” have the meaning given by section 60,]

F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 3 para. 10: definitions inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 8(a); S.I. 2008/2497, art. 3(b)(iii)

F22 Words in Sch. 3 para. 10 inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(7)(b)(i), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F23 Words in Sch. 3 para. 10 inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(7)(b)(ii), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F24 Words in Sch. 3 para. 10 inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(7)(a), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F25 Words in Sch. 3 para. 10 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. 8(b), Sch. 15 Pt. 2; S.I. 2008/3244, art. 3(a)(c)(iii)

11 (1) The powers conferred by section 60 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act). U.K.

(2) References to regulation, in relation to a profession, in that section and this Schedule include—

(a) the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession,

(b) the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,

(c) in the case of the profession of medical practitioner, the regulation of the qualifications or experience required for a medical practitioner to [F26 perform primary medical services under [F27 Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006]],

(d) in the case of the profession of dental practitioner, the regulation of the qualifications or experience required for a dental practitioner to [F28 perform primary dental services under [F29 Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006]].

[F30 (2A) References in section 60 and this Schedule to regulation, in relation to social care workers in England, include—

(a) the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England,

(b) the regulation of activities carried on by persons who are not social care workers in England (or members of the social work profession in England) but which are carried on in connection with social care work in England.]

(3) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Words in Sch. 3 para. 11(2)(c) substituted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199, Sch. 11 para. 67(a); S.I. 2004/288, art. 5(2)(x) (as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(2)(bb)

F27 Words in Sch. 3 para. 1(2)(c) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 9(a); S.I. 2008/3244, art. 3(a)(c)(iii)

F28 Words in Sch. 3 para. 11(2)(d) substituted (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199, Sch. 11 para. 67(b); S.I. 2005/2925, arts. 1(3), 10(2)(l)

F29 Words in Sch. 3 para. 1(2)(d) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 9(b); S.I. 2008/3244, art. 3(a)(c)(iii)

F30 Sch. 3 para. 11(2A) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(8), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F31 Sch. 3 para. 11(3) repealed (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 4; S.I. 2005/2925, arts. 1(3), 11(2)(p);

Commencement Information

I1 Sch. 3 para. 11 wholly in force, see s. 67(1) and S.I. 2000/779, art. 2(1)

12 (1) The powers conferred by section 60 extend to the regulation of— U.K.

(a) the profession regulated by the M1 Pharmacy (Northern Ireland) Order 1976, and

(b) activities carried on by persons who are not members of that profession but which are carried on in connection with the practice of that profession,

only in relation to the matters dealt with in sections 80 to 83 of the M2 Medicines Act 1968.

(2) But an Order may not provide for any function conferred by any of those sections on the Statutory Committee to be exercised, in relation to Northern Ireland, otherwise than by the committee appointed under Article 19 of the Pharmacy (Northern Ireland) Order 1976.

Marginal Citations

M1 S.I. 1976/1213 (N.I.22).

M2 1968 c.67.