Health and Social Care Act 2008 (c. 14)

Part 2 U.K. Regulation of health professions and health and social care workforce

Amendments of Part 3 of Health Act 1999 U.K.

111 Extension of powers under s. 60 of Health Act 1999 U.K.

Schedule 8 (which contains amendments of section 60 of, and Schedule 3 to, the 1999 Act) has effect.

Commencement Information

I1 S. 111 in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 3(a)

I2 S. 111 in force at 1.1.2009 for specified purposes by S.I. 2008/3244, art. 3(a)

112 Standard of proof in fitness to practise proceedings U.K.

After section 60 of the 1999 Act insert—

“60A Standard of proof in fitness to practise proceedings

(1) The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings.

(2) Subsection (1) applies to any proceedings before—

(a) the Office of the Health Professions Adjudicator, or

(b) a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body,

which relate to a person's fitness to practise a profession to which section 60(2) applies.

(3) In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies.

(4) An Order in Council under section 60 may not—

(a) amend this section, or

(b) make any provision that is inconsistent with subsection (1).”

Commencement Information

I3 S. 112 in force at 3.11.2008 for specified purposes by S.I. 2008/2717, art. 2