Explanatory Note
(This note is not part of the Order)
This Order provides for the regulation of a number of health professions (arts therapists; chiropodists; clinical scientists; dietitians; medical laboratory technicians; occupational therapists; orthoptists; paramedics; physiotherapists; prosthetists and orthotists; radiographers; and speech and language therapists) it creates a regulatory body, the Health Professions Council, which is required to set standards of education, training, conduct and performance and to put in place arrangements to ensure that they are met (article 3). It provides for the Council to keep a register of qualified members of the professions and creates four statutory committees: the Investigating Committee, Conduct and Competence Committee, Health Committee and Education and Training Committee (article 3(9)). The Order replaces the regulatory system provided for by the Professions Supplementary to Medicine Act 1960.
The Order provides for the Council to set standards and requirements to be satisfied before a person may be admitted to the register (article 5) and to deal with applications for registration, renewal of registration or readmittance in accordance with Part III and rules made under it. Article 12 indicates the qualifications on which registration may be based. Article 13 enables those who have practised a profession to a satisfactory standard for a number of years but who do not have an approved qualification to be able to satisfy requirements for registration. The register is to be published (article 8).
The Order provides in Part IV for the Council to establish standards of education and training necessary for admission to the register; to make arrangements to ensure that those standards are met; and to approve qualifications, courses and institutions which meet its standards (articles 15 to 18). The Council may also provide for post-registration training and require a person who has not practised for some time to undertake additional training (article 19). The Order provides for the Council to liaise with educational institutions (article 3 and Part IV).
Part V provides for the Council to establish and keep under review standards of conduct, performance and ethics expected of registrants and prospective registrants; to issue guidance on these matters and to make arrangements to ensure that action is taken when a registrant’s fitness to practise is impaired by reason of misconduct, lack of competence or ill-health (articles 21 and 22). Part V sets out the procedure to be followed in investigating whether the fitness to practise of a registrant is impaired. Preliminary consideration may be given by Screeners and the Investigating Committee (articles 22, 23 to 24 and 26) and if it appears that there is a case to answer the matter will be considered by the Conduct and Competence Committee or the Health Committee (article 29). There is also provision to investigate whether an entry on the register has been fraudulently procured or incorrectly made and for the Investigating Committee to take action if it has (article 26(7)). Orders and decisions of the Practice Committees may be reviewed (articles 26(12) and 30). The Committees may, where they consider it to be in the public interest or in the interest of the registrant concerned, make interim orders to take effect before a final decision is given in a case or pending an appeal (article 31). Rules are to be made for the procedure to be followed by the Committees and the Council in considering cases referred to them (article 32(2), relevant parts of which are applied to the Investigating Committee and the Council by articles 26 and 37 respectively). A person who has been struck off the register may apply to be restored to it and article 33 sets out the procedure to be followed and the circumstances in which the application may be granted. The Council shall appoint legal assessors (article 34) and may appoint medical and registrant assessors (articles 35 and 36) to assist those considering, amongst others, registration and fitness to practise issues.
Part VI relates to appeals. A person may appeal to the Council from a decision of the Education and Training Committee concerning registration and article 37 sets out the procedure to be followed. Article 38 provides that appeals from decisions of the Health Committee or Conduct and Competence Committee are to the High Court (or, in Scotland, the Court of Session), and, from the Investigating Committee or Council, to the county court (or, in Scotland, the sheriff).
Part VII provides for certain actions to be offences. These are, principally, where a person falsely represents himself as being registered or having professional qualifications or uses a title to which he is not entitled.
Part VIII contains provisions on miscellaneous matters such as consultation by the Council before it makes rules (article 41); approval by the Privy Council of rules and the procedure which applies (articles 41 and 42); the powers of the Privy Council to take action if it considers that the Council has failed to perform its functions (article 43) and to hold an inquiry into any matter connected with the exercise by the Council of its functions (article 47). The Council is required to publish annual reports (article 44) and to keep proper accounts (article 46).
Schedule 1 provides for the constitution of the elected Council; provisions relating to the election scheme and the procedure of the Council and statutory committees. Article 48 and Schedule 2 relate to transitional provisions including the conduct of business before an elected Council comes into being. Schedule 3 relates to interpretation. Consequential amendments to primary legislation are set out in Schedule 4.