- Latest available (Revised)
- Point in Time (04/04/2011)
- Original (As enacted)
Point in time view as at 04/04/2011. This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Health and Social Care Act 2008, SCHEDULE 10.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 127
1(1)Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence.U.K.
(2)Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.
Commencement Information
I1Sch. 10 para. 1 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(i)
2U.K.In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—
(a)for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and
(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”
Commencement Information
I2Sch. 10 para. 2(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(ii)
I3Sch. 10 para. 2(b) in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(i)
3U.K.In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—
(a)in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—
“(bca)the Council for Healthcare Regulatory Excellence;
(bcb)the Office of the Health Professions Adjudicator;”, and
(b)in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—
“(ca)the Council for Healthcare Regulatory Excellence;
(cb)the Office of the Health Professions Adjudicator;”.
Commencement Information
I4Sch. 10 para. 3 in force at 1.1.2009 for specified purposes by S.I. 2008/3244, art. 2(i)(iii)
I5Sch. 10 para. 3 in force at 25.1.2010 in so far as not already in force by S.I. 2010/23, art. 2(h)(ii)
4U.K.In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—
(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and
(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”
Commencement Information
I6Sch. 10 para. 4(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(iv)
I7Sch. 10 para. 4(b) in force at 28.9.2009 by S.I. 2009/2567, art. 2(d)
5U.K.In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—
(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and
(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”
Commencement Information
I8Sch. 10 para. 5(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(v)
I9Sch. 10 para. 5(b) in force at 28.9.2009 by S.I. 2009/2567, art. 2(d)
F16U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 10 para. 6 repealed (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 3(3)(a), Sch. 3
Prospective
7U.K.In section 27 of the Dentists Act 1984 (allegations against registered dentists), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.
8U.K.In section 36A of the Dentists Act 1984 (professions complementary to dentistry), in subsection (1)(b), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.
Commencement Information
I10Sch. 10 para. 8 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(vii)
Prospective
F29U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 10 para. 9 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)
10U.K.In section 60 of the 1999 Act (regulation of health care and associated professions), in subsection (1)(c), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.
Commencement Information
I11Sch. 10 para. 10 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(viii)
11U.K.In section 62 of the 1999 Act (regulations and orders), for subsection (4) substitute—
“(4)Any power under this Act to make Orders in Council or orders—
(a)may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,
(b)may be exercised so as to make, as respects the cases in relation to which it is exercised—
(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,
(iii)any such provision either unconditionally or subject to any specified condition, and
(c)may, in particular, be exercised so as to make different provision for different areas.
(4A)Any such power includes power—
(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and
(b)to provide for a person to exercise a discretion in dealing with any matter.”
Commencement Information
I12Sch. 10 para. 11 partly in force; Sch. 10 para. 11 in force for specified purposes at Royal Assent, see s. 170
I13Sch. 10 para. 11 in force at 1.1.2009 in so far as not already in force by S.I. 2008/3244, art. 3(d)
12U.K.In Schedule 3 to the 1999 Act (regulation of health care and associated professions), in paragraph 7(4), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.
Commencement Information
I14Sch. 10 para. 12 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(ix)
13U.K.In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—
(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and
(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”
Commencement Information
I15Sch. 10 para. 13(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(x)
I16Sch. 10 para. 13(b) in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(iv)
Prospective
F314U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 10 para. 14 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)
Prospective
F415U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 10 para. 15 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)
16U.K.For the title to section 25 of the 2002 Act, and for the heading immediately preceding the section, substitute “The Council for Healthcare Regulatory Excellence”.
Commencement Information
I17Sch. 10 para. 16 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xi)
17(1)Section 25 of the 2002 Act is amended as follows.U.K.
(2)In subsection (3), for paragraphs (h) and (i) substitute—
“(ga)the Nursing and Midwifery Council,
(gb)the Health Professions Council, and”.
(3)In that subsection, for paragraph (j) substitute—
“(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.”
(4)In subsection (6), omit “and (3)”.
Commencement Information
I18Sch. 10 para. 17 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xii)
Prospective
F518U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 10 para. 18 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(4); S.I. 2012/1319, art. 2(3)
19U.K.For the title to Schedule 7 to the 2002 Act substitute “The Council for Healthcare Regulatory Excellence”.
Commencement Information
I19Sch. 10 para. 19 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiii)
20U.K.In section 58 of the Health Act 2006 (which enables the Secretary of State to arrange for appointment functions of the Secretary of State to be exercised by the Appointments Commission), in subsection (3), for the words from “chairmen” to the end substitute—
“(a)chairmen and non-executive members of any of the statutory bodies listed in Schedule 5, and
(b)non-executive members of the Council for Healthcare Regulatory Excellence.”
Commencement Information
I20Sch. 10 para. 20 in force at 25.8.2008 by S.I. 2008/2214, art. 2(b)
21U.K.In section 60 of the Health Act 2006 (which enables the Privy Council to arrange for its functions relating to the appointment of regulatory bodies to be exercised by the Appointments Commission), after subsection (2) insert—
“(3)The Commission is to exercise so much of any function of the Privy Council relating to the appointment of—
(a)the chair of the Council for Healthcare Regulatory Excellence, or
(b)members of the Office of the Health Professions Adjudicator,
as may be specified in a direction given by the Privy Council.”
Commencement Information
I21Sch. 10 para. 21 in force at 25.8.2008 for specified purposes by S.I. 2008/2214, art. 2(c)
I22Sch. 10 para. 21 in force at 4.6.2009 in so far as not already in force by S.I. 2009/1310, art. 2(a)
22U.K.In section 63 of the Health Act 2006 (Appointments Commission to assist other bodies with appointments), after subsection (6) insert—
“(6A)The Commission may enter into arrangements under subsection (6B) with the Office of the Health Professions Adjudicator.
(6B)Arrangements under this subsection are arrangements providing for the Commission to assist the Office of the Health Professions Adjudicator in connection with the exercise of its powers relating to—
(a)the appointment of executive members of the Office of the Health Professions Adjudicator, or
(b)the appointment of persons to lists under section 101 of the Health and Social Care Act 2008 (lists of persons eligible for membership of the OHPA's fitness to practise panels).”
Commencement Information
I23Sch. 10 para. 22 in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(v)
23U.K.In Schedule 5 to the Health Act 2006 (Appointments Commission: list of statutory bodies), omit the entry relating to the Council for the Regulation of Health Care Professionals.
Commencement Information
I24Sch. 10 para. 23 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)
24U.K.In section 201 of the National Health Service Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.
Commencement Information
I25Sch. 10 para. 24 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)
25U.K.In section 149 of the National Health Service (Wales) Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.
Commencement Information
I26Sch. 10 para. 25 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xiv)
26U.K.In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—
(a)for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and
(b)at the appropriate place insert— “ Office of the Health Professions Adjudicator; ”.
Commencement Information
I27Sch. 10 para. 26(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(xv)
I28Sch. 10 para. 26(b) in force at 28.9.2009 by S.I. 2009/2567, art. 2(d)
Prospective
F627U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 10 para. 27 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 71(4); S.I. 2012/1319, art. 2(3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: