Health Professions Order 2001

[F1 The Health and Care Professions Council and its Committees] U.K.

3.— [F2 (1) The Health and Care Professions Council is referred to in this Order as “the Council”.]

(2) The principal functions of the Council shall be to establish from time to time standards of education, training, conduct and performance for members of the relevant professions and to ensure the maintenance of those standards.

(3) The Council shall have such other functions as are conferred on it by this Order or as may be provided by the Privy Council by order [F3 [F4 (and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))]].

[F5 (4) The over-arching objective of the Council in exercising its functions is the protection of the public.

(4A) The pursuit by the Council of its over-arching objective involves the pursuit of the following objectives—

(a) to protect, promote and maintain the health, safety and well-being of the public;

(b) to promote and maintain public confidence in the professions regulated under this Order; and

(c) to promote and maintain proper professional standards and conduct for members of those professions.]

[F6 (5) In exercising its functions, the Council shall—

(a) have proper regard for—

(i) the interests of persons using or needing the services of registrants in the United Kingdom, and

(ii) any differing interests of different categories of registrants;

(b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i) the employment (whether or not under a contract of service) of registrants,

(ii) the education or training of registrants or [F7 other] health care professionals,

(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv) the regulation of health services, [F8 and]

(v) the provision, supervision or management of health or education services [F9 ,

F10 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F11 (5ZA) In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish to become, approved mental health professionals in England, references to registrants are to be read as including a reference to such approved mental health professionals in England as are not registrants.]

(5A) In carrying out its duty to co-operate under paragraph (5)(b), the Council shall have regard to any differing considerations relating to practising as a registrant which apply in England, Scotland, Wales or Northern Ireland.

F12 (5AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B) In paragraph (5), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (which relates to the Council for Healthcare Regulatory Excellence), other than the Council.]

(6) Before making any order under paragraph (3), the Privy Council shall consult the Council.

F13 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (7A) The Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1.]

(8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council [F15 and orders of the Privy Council under paragraph (7A)].

(9) There shall be four committees of the Council, to be known as—

(a) the Education and Training Committee;

(b) the Investigating Committee;

(c) the Conduct and Competence Committee; and

(d) the Health Committee.

(10) The four committees are referred to in this Order as “the statutory committees”.

(11) Each of the statutory committees shall have the functions conferred on it by this Order.

(12) The Council—

(a) may establish such other committees as it considers appropriate in connection with the discharge of its functions; and

(b) may, in particular, establish professional advisory committees whose function is to advise the Council and its statutory committees (whether on the request of the Council or otherwise) on matters affecting any relevant profession, and

may delegate any of its functions to them, other than any power to make rules.

(13) The Council shall inform and educate registrants, and shall inform the public, about its work.

(14) Before establishing any standards or giving any guidance under this Order the Council shall consult representatives of any group of persons it considers appropriate including, as it sees fit, representatives of—

(a) registrants or classes of registrant;

(b) employers of registrants;

(c) users of the services of registrants; and

(d) persons providing, assessing or funding education or training for registrants or prospective registrants.

(15) The Council shall publish any standards it establishes and any guidance it gives.

(16) Paragraphs (14) and (15) do not apply to guidance given to an individual which is particular to him.

(17) The Council may—

(a) make recommendations to the Secretary of State [F16 and the Scottish Ministers] concerning any profession which in its opinion should be regulated pursuant to section 60(1)(b) of the Health Act 1999; and

(b) give such guidance as it sees fit, to such persons as seem to it to have an interest in such regulation, on the criteria to be taken into account in determining whether a profession should be so regulated.

[F17 (17A) The Council may—

(a) make recommendations to the Secretary of State concerning social care workers in England who in its opinion should be regulated pursuant to section 60(1)(bc) of the Health Act 1999; and

(b) give such guidance as it sees fit, to such persons as seem to it to have an interest in such regulation, on the criteria to be taken into account in determining whether social care workers in England should be so regulated.]

(18) Part II of Schedule 1 shall have effect with respect to the statutory committees.

(19) Nothing in this Order shall require or permit any disclosure of information which is prohibited by or under any other enactment.

Textual Amendments

F1 Art. 3 heading substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 214(3), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F2 Art. 3(1) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 214(2), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F3 Words in art. 3(3) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 218(2), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F4 Words in art. 3(3) omitted (E.) (2.12.2019) by virtue of The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 41(2); S.I. 2019/1436, reg. 2(b)

F5 Art. 3(4)(4A) substituted for art. 3(4) (26.9.2016) by Health and Social Care (Safety and Quality) Act 2015 (c. 28), s. 6(4), Sch. para. 6(2); S.I. 2016/906, reg. 2(b)

F6 Art. 3(5)-(5B) substituted for art. 3(5) (14.5.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(c), Sch. 2 para. 1(a)

F7 Word in art. 3(5)(b)(ii) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 11(2)(a) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F8 Word in art. 3(5)(b)(iv) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 11(2)(b) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F9 Art. 3(5)(b)(vi)(vii) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 215(2)(c), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F10 Art. 3(5)(b)(vi)(vii) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 11(2)(c) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F11 Art. 3(5ZA) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 218(3), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F12 Art. 3(5AA) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 11(3) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F13 Art. 3(7) omitted (1.7.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 2 para. 1(b); S.I. 2009/1357, art. 2(1)(a)(ii)

F14 Art. 3(7A) inserted (13.5.2009 for specified purposes, 1.7.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 2 para. 1(c); S.I. 2009/1357, art. 2(1)(a)(i)

F15 Words in art. 3(8) inserted (13.5.2009 for specified purposes, 1.7.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 2 para. 1(d); S.I. 2009/1357, art. 2(1)(a)(i)

F16 Words in art. 3(17)(a) inserted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 2 para. 1(e); S.I. 2009/1357, art. 2(1)(a)(ii)

F17 Art. 3(17A) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 215(4), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

Commencement Information

I1 Art. 3 not in force at made date, see art. 1(2)

I2 Art. 3(1)-(7), (9)(a), (12)-(17), (19) in force at 1.4.2002 as notified in the London Gazette dated 25.3.2002, see art. 1(3)

I3 Art. 3(8)(10)(11)(18) in force at 1.4.2002 for specified purposes as notified in the London Gazette dated 25.3.2002, see art. 1(3)

I4 Art. 3(8)(11)(18) in force at 22.1.2003 for specified purposes as notified in the London Gazette dated 10.1.2003, see art. 1(3)

I5 Art. 3(9)(10) in force at 22.1.2003 in so far as not already in force as notified in the London Gazette dated 10.1.2003, see art. 1(3)

I6 Art. 3(11)(18) in force at 9.7.2003 in so far as not already in force as notified in the London Gazette dated 27.6.2003, see art. 1(3) (with transitional provisions in S.I. 2003/1700)