Part 2Regulation of health professions and health and social care workforce

The Office of the Health Professions Adjudicator

I1109OHPA rules: supplementary

1

This section applies to the power of the OHPA to make rules under any of sections 100, 101, 103, 104, 105 and 107.

2

The power may be exercised—

a

so as to make different provision for different cases or different classes of case or different provision in respect of the same case or class of case for different purposes of this Act,

b

either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or

c

so as to make any supplementary, incidental, consequential, transitional, transitory or saving provision which the OHPA considers necessary or expedient.

3

Before making rules the OHPA must consult—

a

the Council for Healthcare Regulatory Excellence,

b

if the rules affect the profession regulated by the Medical Act 1983, the General Medical Council and any other bodies which appear to the OHPA to represent that profession,

c

if the rules affect the professions regulated by the Opticians Act 1989, the General Optical Council and any other bodies which appear to the OHPA to represent those professions,

d

bodies which appear to the OHPA to represent the interests of patients, and

e

such other persons as the OHPA considers appropriate.

4

Rules do not come into force until they have been approved by order of the Privy Council.

5

The Privy Council may approve rules—

a

as submitted to them, or

b

subject to such modifications as appear to them to be necessary.

6

Where the Privy Council propose to approve rules subject to modifications, they must—

a

notify the OHPA of the modifications they propose to make, and

b

consider any observations which the OHPA may make on the modifications.