Part 2Regulation of health professions and health and social care workforce
The Council for Healthcare Regulatory Excellence
118Reference of cases by Council to court
I11
Section 29 of the 2002 Act (reference of disciplinary cases by Council to court) is amended as follows.
2
In subsection (1)—
I2a
for paragraph (a) substitute—
a
a direction of—
i
the Health Committee of the Royal Pharmaceutical Society of Great Britain under article 51 of the Pharmacists and Pharmacy Technicians Order 2007 (powers concerning registration), or
ii
the Disciplinary Committee of that Society under article 52 of that Order (powers concerning registration) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),
F1b
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I2c
in paragraph (e) omit the words from “(other than a determination” to the end,
F3d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2e
for paragraph (g) substitute—
g
any step taken—
i
by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or
ii
by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),
I2f
for paragraph (h) substitute—
h
any step taken—
i
by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or
ii
by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),
I2g
for paragraph (j) substitute—
j
any corresponding measure taken in relation to a member of a profession regulated by the Health Professions Order 2001, under that Order.
I33
For subsection (5) substitute—
5
In subsection (4), the “relevant court” —
a
in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,
b
in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and
c
in the case of any other person, means the High Court of Justice in England and Wales.
I34
In subsection (6) for the words from “four weeks beginning with the last date” to the end substitute “
40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision
”
.
F25
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F26
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