National Health Service Reform and Health Care Professions Act 2002

as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

the Secretary of State,

F53a Strategic Health Authority ,

a Special Health Authority,

an NHS trust,

a Primary Care Trust.

to promote the interests of patients 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,

to promote best practice in the performance of those functions,

to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

the General Medical Council,

the General Dental Council,

the General Optical Council,

the General Osteopathic Council,

the General Chiropractic Council,

subject to section 26(5), the Royal Pharmaceutical Society of Great Britain,

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

any regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act as the successor to a body mentioned in paragraph (h), and

any other regulatory body (within that meaning) established by an Order in Council under that section.

investigate, and report on, the performance by each regulatory body of its functions,

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,

recommend to a regulatory body changes to the way in which it performs any of its functions.

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

an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

conferred on the Society (or its Council, a member of its staff or one of its committees) by or by virtue of the Pharmacists and Pharmacy Technicians Order 2007,

conferred as mentioned in paragraph (a) by, or by virtue of, F23another Order in Council under section 60 of the 1999 Act, or

otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007.

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),

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

otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

setting out any directions he or it receives pursuant to subsection (4), and

specifying the date on which the directions are to come into force.

directions varying earlier directions, and

revoking earlier directions, but

which do not fall within subsection (8)(b),

“making” rules includes amending or revoking rules, and

“rules” includes regulations, byelaws and schemes.

who (or what description of person) is entitled to complain,

the nature of complaints which the Council must (or need not) investigate,

matters which are excluded from investigation,

requirements to be complied with by a person who makes a complaint,

the procedure to be followed by the Council in investigating complaints,

the making of recommendations or reports by the Council following investigations,

the confidentiality, or disclosure, of any information supplied to the Council or acquired by it in connection with an investigation,

the use which the Council may make of any such information,

the making of payments to any persons in connection with investigations,

privilege in relation to any matter published by the Council in the exercise of its functions under the regulations.

empowering the Council to require persons to attend before it,

empowering the Council to require persons to give evidence or produce documents to it,

about the admissibility of evidence,

enabling the Council to administer oaths.

a direction of the Disciplinary Committee of the Royal Pharmaceutical Society of Great Britain under article 52 of the Pharmacists and Pharmacy Technicians Order 2007 (which gives the Disciplinary Committee powers to direct suspension of registration, the attachment of conditions to registration or removal from the registers) or section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),

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,

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 otherwise than by reason of his physical or mental health,

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 (other than a determination based solely on the ground mentioned in section 27(2)(c) or 36N(2)(c) of that Act (adverse physical or mental health)),

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), other than a direction that a registrant’s fitness to practise is impaired solely by virtue of a matter falling within section 13D(2)(f) of that Act;

any step taken by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (c. 21) (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee),

any step taken by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (c. 17) (which relates to corresponding matters),

any corresponding measure taken in relation to a nurse F11or midwife under the Nursing and Midwifery Order 2001 ,

any corresponding measure taken in relation to a member of a profession regulated by the Professions Supplementary to Medicine Act 1960 (c. 66) or, after the repeal of that Act by virtue of section 60(3) of the 1999 Act, by any such Order in Council under section 60 of the 1999 Act as is mentioned in section 25(3)(i).

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,

any corresponding decision taken in relation to a nurse F12or midwife under the Nursing and Midwifery Order 2001 , or to any such person as is mentioned in subsection (1)(j) and

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).

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

a relevant decision falling within subsection (2) should not have been made,

in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Scotland, means the Court of Session,

in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

in the case of any other person (including one who is not registered and is not seeking registration or restoration to the register), means the High Court of Justice in England and Wales.

the case is to be treated by the court to which it has been referred as an appeal by the Council against the relevant decision (even though the Council was not a party to the proceedings resulting in the relevant decision), and

the body which made the relevant decision is to be a respondent.

dismiss the appeal,

allow the appeal and quash the relevant decision,

substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or

remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court,

in subsection (1), paragraph (c) is omitted,

after subsection (1), there is inserted—

for subsection (3) there is substituted—

subsections (4) to (6), (9) and (10) are omitted, and

for subsections (7) and (8) there is substituted—

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) ”,

paragraph 10(2) is omitted, and

in subsection (1), for the words from “to Her” to the end there is substituted “ against that determination or direction to the relevant court. ”,

after subsection (1) there is inserted—

subsection (2) is omitted, and

for subsection (3) there is substituted—

after subsection (4) there is inserted—

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),

otherwise, immediately after the coming into force to that extent of that article.

paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and

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).

in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,

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

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 ”,

for subsection (8) there is substituted—

subsection (10) is omitted, and

for subsection (11) there is substituted—

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. ”,

after subsection (1) there is inserted—

subsections (3) to (5) and (7) are omitted, and

for subsection (8) there is substituted—

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 ”,

for subsection (8) there is substituted—

subsection (10) is omitted, and

for subsection (11) there is substituted—

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. ”,

after subsection (1) there is inserted—

subsections (3) to (5) and (7) are omitted, and

for subsection (8) there is substituted—