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The Health Professions Order 2001
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This version of this part contains provisions that are prospective.
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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:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
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Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Health Professions Order 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part IV:
- Order title substituted by 2012 c. 7 s. 213(6)
- Order title substituted by 2017 c. 16 Sch. 5 para. 45
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 1A(1)(b)(ia) inserted by 2012 c. 7 s. 213(5)
- Sch. 1 para. 19(10A)-(10C) inserted by 2015 c. 28 Sch. para. 6(4)
- Sch. 1 para. 1(2A) inserted by S.I. 2009/1182 Sch. 2 para. 17(1)(a)(iii)
- Sch. 1 para. 1(5) inserted by S.I. 2009/1182 Sch. 2 para. 18(b)
- Sch. 1 para. 9(1A)(1B) inserted by S.I. 2009/1182 Sch. 2 para. 17(1)(c)(ii)
- Sch. 1 para. 9(1C) inserted by S.I. 2009/1182 Sch. 2 para. 18(f)(ii)
- Sch. 1 para. 1A(1)(b)(ia) omitted by 2017 c. 16 Sch. 5 para. 26
- Sch. 1 para. 1A(4) omitted by S.I. 2013/235 Sch. 2 para. 52
- Sch. 1 para. 16A revoked by 2006 c. 28 Sch. 8 para. 48 Sch. 9
- Sch. 1 para. 17(1)-(2B) substituted for Sch. 1 para. 17(1)(2) by S.I. 2009/1182 Sch. 2 para. 15(7)
- Sch. 1 para. 1A 1B substituted for Sch. 1 paras. 1-12 by S.I. 2009/1182 Sch. 2 para. 15(2)
- Sch. 1 Pt. 1 para. 16A inserted by 2003 c. 43 Sch. 12 para. 8
- Sch. 2 para. 25-27 added by S.I. 2004/2033 art. 3(3)(f)
- Sch. 2 para. 25 coming into force by S.I. 2002/254 art. 1(3)
- Sch. 2 para. 26 coming into force by S.I. 2002/254 art. 1(3)
- Sch. 2 para. 27 coming into force by S.I. 2002/254 art. 1(3)
- Sch. 2 para. 3(4A) inserted by S.I. 2004/2033 art. 3(3)(c)
- art. 3(4)(4A) substituted for art. 3(4) by 2015 c. 28 Sch. para. 6(2)
- art. 3(5)-(5B) substituted for art. 3(5) by S.I. 2009/1182 Sch. 2 para. 1(a)
- art. 3(5)(b)(vi)(vii) inserted by 2012 c. 7 s. 215(2)(c)
- art. 3(5)(b)(vi)(vii) omitted by 2017 c. 16 Sch. 5 para. 11(2)(c)
- art. 3(5AA) inserted by 2012 c. 7 s. 215(3)
- art. 3(5AA) omitted by 2017 c. 16 Sch. 5 para. 11(3)
- art. 3(5ZA) inserted by 2012 c. 7 s. 218(3)
- art. 3(7A) inserted by S.I. 2009/1182 Sch. 2 para. 1(c)
- art. 3(17A) inserted by 2012 c. 7 s. 215(4)
- art. 6(3)(aa) inserted by S.I. 2007/3101 reg. 267
- art. 6(3)(aa) omitted by S.I. 2019/593 Sch. 8 para. 3
- art. 6(3)(aa) words inserted by 2012 c. 7 s. 215(5)
- art. 6(3)(aa) words omitted by 2017 c. 16 Sch. 5 para. 12
- art. 7(4) inserted by S.I. 2007/3101 reg. 268
- art. 7(4) omitted by S.I. 2019/593 Sch. 8 para. 4
- art. 7(4) words inserted by 2012 c. 7 s. 215(5)(b)
- art. 7(4) words omitted by 2017 c. 16 Sch. 5 para. 13
- art. 7A inserted by S.I. 2023/1286 Sch. 3 para. 70
- art. 9(2)(ba) inserted by S.I. 2014/1887 Sch. 1 para. 12(d)
- art. 9(3A) inserted by S.I. 2014/1887 Sch. 1 para. 12(e)
- art. 9(3A) omitted by 2017 c. 16 Sch. 5 para. 14(2)
- art. 9(4A) inserted by S.I. 2023/1286 Sch. 3 para. 71(b)
- art. 9(5)(a)(b) substituted for words by S.I. 2023/1286 Sch. 3 para. 71(c)
- art. 9(8) inserted by S.I. 2007/3101 reg. 270(d)
- art. 9(8) omitted by S.I. 2019/593 Sch. 8 para. 6(c)
- art. 9(8) words inserted by 2012 c. 7 s. 215(5)(b)
- art. 9(8) words omitted by 2017 c. 16 Sch. 5 para. 14(3)
- art. 9A inserted (temp.) by 2020 c. 7 Sch. 1 para. 2(2)
- art. 10(2)(aa) inserted by S.I. 2014/1887 Sch. 1 para. 13(d)
- art. 10(4)(aa) inserted by S.I. 2014/1887 Sch. 1 para. 13(e)
- art. 10(6) inserted by S.I. 2007/3101 reg. 271(b)
- art. 10(6) omitted by S.I. 2019/593 Sch. 8 para. 7(b)
- art. 10(6) words inserted by 2012 c. 7 s. 215(6)
- art. 10(6) words omitted by 2017 c. 16 Sch. 5 para. 15(2)
- art. 10(7) inserted by S.I. 2014/1887 Sch. 1 para. 13(f)
- art. 10(7) omitted by 2017 c. 16 Sch. 5 para. 15(3)
- art. 11A inserted by S.I. 2014/1887 Sch. 1 para. 14
- art. 11A(11) omitted by 2017 c. 16 Sch. 5 para. 16
- art. 11A(12) omitted by S.I. 2019/593 Sch. 8 para. 8
- art. 12(1)(c)(III) coming into force by S.I. 2002/254 art. 1(3)
- art. 12(1)(d) and word inserted by 2012 c. 7 s. 215(7)(b)
- art. 12(1)(d) and word omitted by 2017 c. 16 Sch. 5 para. 17(2)(b)
- art. 12(1)(ba) inserted by S.I. 2016/1030 reg. 147(2)
- art. 12(1)(ba) omitted by S.I. 2019/593 Sch. 8 para. 9(a)(ii)
- art. 12(1A) inserted by S.I. 2007/3101 reg. 272(b)
- art. 12(1A) omitted by S.I. 2019/593 Sch. 8 para. 9(b)
- art. 12(1ZA)-(1ZD) inserted by S.I. 2023/1286 Sch. 3 para. 72
- art. 12(2)(c) and word inserted by 2012 c. 7 s. 215(8)(b)
- art. 12(2)(c) and word omitted by 2017 c. 16 Sch. 5 para. 17(3)(b)
- art. 12A inserted by S.I. 2023/1286 Sch. 3 para. 73
- art. 13(1)(c) substituted by S.I. 2009/1182 Sch. 2 para. 3(a)
- art. 13(1)(d) words added by S.I. 2009/1182 Sch. 2 para. 3(b)
- art. 13(1B) inserted by S.I. 2012/1479 art. 2(b)
- art. 13(1B) omitted by 2017 c. 16 Sch. 5 para. 18(3)
- art. 13A inserted by S.I. 2007/3101 reg. 273
- art. 13A omitted by S.I. 2019/593 Sch. 8 para. 10
- art. 13A title substituted by 2012 c. 7 s. 215(5)(a)
- art. 13A heading words substituted by 2017 c. 16 Sch. 5 para. 19
- art. 13A(2) substituted by S.I. 2016/1030 reg. 148(2)
- art. 13A(5) word substituted by S.I. 2016/1030 reg. 148(3)(a)
- art. 13A(5) word substituted by S.I. 2016/1030 reg. 148(3)(b)
- art. 13B inserted by 2012 c. 7 s. 215(9)
- art. 13B omitted by 2017 c. 16 Sch. 5 para. 20
- art. 14(ba) inserted by 2012 c. 7 s. 218(4)
- art. 14(ba) omitted by S.I. 2022/1216 reg. 3(b)
- art. 15(5A) inserted by S.I. 2023/1286 Sch. 3 para. 74
- art. 15A 15B inserted by 2012 c. 7 s. 218(5)
- art. 15A omitted by S.I. 2018/893 reg. 41(4) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 15B omitted by S.I. 2018/893 reg. 41(5) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 17(3A) inserted by 2012 c. 7 s. 218(7)
- art. 17(3A) omitted by S.I. 2018/893 reg. 41(7) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 18(1A) inserted by 2012 c. 7 s. 218(8)
- art. 18(1A) omitted by S.I. 2018/893 reg. 41(8)(a) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 19(2A)-(2D) inserted by S.I. 2007/3101 reg. 274
- art. 19(2A)-(2D) omitted by S.I. 2019/593 Sch. 8 para. 11
- art. 19(2A)(b) words inserted by 2012 c. 7 s. 215(10)
- art. 19(2A)(b) words omitted by 2017 c. 16 Sch. 5 para. 21
- art. 21A inserted by S.I. 2023/1286 Sch. 3 para. 75
- art. 22(1)(a)(vi)(vii) inserted by S.I. 2009/1182 Sch. 2 para. 5 (This effect comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
- art. 26(6A) inserted by 2015 c. 28 Sch. para. 6(3)
- art. 37(1)(aa) inserted by S.I. 2007/3101 reg. 275
- art. 37(1)(aa) omitted by S.I. 2019/593 Sch. 8 para. 12
- art. 37(1)(aa) words inserted by 2012 c. 7 s. 215(5)(b)
- art. 37(1)(aa) words omitted by 2017 c. 16 Sch. 5 para. 23(2)
- art. 37(1)(ab) inserted by S.I. 2014/1887 Sch. 1 para. 16(a)
- art. 37(1A)(1B) inserted by S.I. 2014/1887 Sch. 1 para. 16(b)
- art. 37(1B) omitted by 2017 c. 16 Sch. 5 para. 23(3)
- art. 37(2A) inserted by S.I. 2014/1887 Sch. 1 para. 16(c)
- art. 37(5A) inserted by S.I. 2009/1182 Sch. 2 para. 9(b)
- art. 37(5A)(a) words inserted by 2012 c. 7 s. 216(2)
- art. 37(5A)(a) words omitted by 2017 c. 16 Sch. 5 para. 23(4)
- art. 37(8A) inserted by 2012 c. 7 s. 216(4)
- art. 37(8A) omitted by 2017 c. 16 Sch. 5 para. 23(6)
- art. 38(1A) inserted by S.I. 2007/3101 reg. 276(b)
- art. 38(1A) omitted by S.I. 2019/593 Sch. 8 para. 13(b)
- art. 38(1A)(c)-(e) inserted by S.I. 2016/1030 reg. 149(2)
- art. 38(1B) inserted (temp.) by 2020 c. 7 Sch. 1 para. 2(4)
- art. 38(1ZA) inserted by 2012 c. 7 s. 216(5)
- art. 38(1ZA) omitted by 2017 c. 16 Sch. 5 para. 24(2)
- art. 38(5) inserted by 2012 c. 7 s. 216(7)
- art. 38(5) omitted by 2017 c. 16 Sch. 5 para. 24(4)
- art. 39(1A) inserted by 2012 c. 7 s. 215(12)
- art. 39(1A) omitted by 2017 c. 16 Sch. 5 para. 25
- art. 40(3) coming into force by S.I. 2002/254 art. 1(3) (See transitional provisions in S.I. 2003/1700)
- art. 40(3) coming into force by S.I. 2002/254 art. 1(3)
- art. 42(2A) inserted by S.I. 2009/1182 Sch. 2 para. 12(a)
- art. 42(3)(3A) substituted for art. 42(3) by S.I. 2009/1182 Sch. 2 para. 12(b)
- art. 44A inserted by 2012 c. 7 s. 219(1)
- art. 45(3A) inserted by 2012 c. 7 s. 218(11)
- art. 49 inserted by S.I. 2016/1030 reg. 150
- art. 49 omitted by S.I. 2019/593 Sch. 8 para. 14
Prospective
PART IVU.K.EDUCATION AND TRAINING
Education and Training CommitteeU.K.
14. The Education and Training Committee shall advise the Council (whether on the request of the Council or otherwise) on the performance of the Council’s functions in relation to—
(a)the establishing of standards of proficiency under article 5 and its other functions under that article;
(b)the establishing of standards and requirements in respect of education and training or continuing professional development, as the case may be, under articles 15(1) and 19(4) and (6);
(c)the giving of guidance under article 21(2).
Commencement Information
I1Art. 14 not in force at made date, see art. 1(2)
Education and TrainingU.K.
15.—(1) The Council shall from time to time establish—
(a)the standards of education and training necessary to achieve the standards of proficiency it has established under article 5(2); and
(b)the requirements to be satisfied for admission to, and continued participation in, such education and training which may include requirements as to good health and good character.
(2) The standards mentioned in paragraph (1)(a) shall include such matters as the outcomes to be achieved by that education and training.
(3) Before establishing the standards or requirements referred to in paragraph (1) the Council shall consult such of those persons mentioned in article 3(14) as it considers appropriate and the Education and Training Committee.
(4) The Education and Training Committee shall—
(a)ensure that universities and other bodies in the United Kingdom concerned with such education and training are notified of the standards and requirements established under paragraph (1); and
(b)take appropriate steps to satisfy itself that those standards and requirements are met.
(5) In performing the function mentioned in paragraph (4)(b) the Committee may in particular, approve, or arrange with others to approve—
(a)a course of education or training which the Committee is satisfied confers or would confer on persons completing it successfully the standards of proficiency mentioned in paragraph (1);
(b)qualifications which are granted following success in an examination, or some other appropriate assessment, taken as part of an approved course of education or training;
(c)institutions which the Committee considers to be properly organised and equipped for conducting the whole or part of an approved course of education or training;
(d)such tests of competence or knowledge of English as it may require.
(6) In connection with paragraph (5), the Committee may approve or arrange with others to approve a course of education or training run outside the United Kingdom by an institution to which paragraph 5(c) applies.
(7) The Council shall from time to time publish a statement of the criteria which will be taken into account in deciding whether to give approval under paragraph (5).
(8) The Council shall maintain and publish a list of the courses of education or training, qualifications and institutions—
(a)which are for the time being approved under this Order; or
(b)which have been approved under this Order but which are no longer so approved, together with a record of the periods in respect of which they were approved.
(9) In this article a reference to education or training includes any course of education or training or test referred to in paragraph (5).
Commencement Information
I2Art. 15 not in force at made date, see art. 1(2)
VisitorsU.K.
16.—(1) The Council may, at the request of the Education and Training Committee or otherwise, appoint persons (“visitors”) to visit any place at which or institution by which or under whose direction—
(a)any relevant course of education or training is, or is proposed to be, given;
(b)any examination or other assessment is, or is proposed to be, held in connection with any such course;
(c)any test of competence is, or is proposed to be, conducted in connection with any such course or for any other purposes connected with this Order.
(2) For the purposes of this article and article 18, the words “any test of competence” includes an assessment to establish the level of a person’s knowledge of written or spoken English.
(3) In this article, “relevant course of education or training” means any course of education or training which forms, or is intended to form, part of an approved course of education or training or any course which a registrant may be required to undergo after registration in accordance with rules made by the Council.
(4) No visitor may exercise his functions under this Order in relation to—
(a)any place at which he regularly gives instruction in any subject; or
(b)any institution with which he has a significant connection.
(5) A person shall not be prevented from being a visitor merely because he is—
(a)a member of the Council or any of its committees; or
(b)a Screener,
but no person may be a visitor if he is employed by the Council.
(6) Visitors shall be selected with due regard to the profession with which the education and training they are to report on is concerned and at least one of the visitors shall be registered in that part of the register which relates to that profession.
(7) Where a visitor visits any place or institution in the exercise of his functions under this article, he shall report to the Committee—
(a)on the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at that place or by that institution; and
(b)on such other matters (if any) as it requires.
(8) Requirements of the kind mentioned in paragraph (7)(b) may be imposed by the Committee—
(a)generally in relation to all visits made to a specified kind of place or institution or in respect of a specified type of course; or
(b)specifically in relation to a particular visit.
(9) Where a visitor reports to the Committee in accordance with paragraph (7), the Committee shall on receipt of the report—
(a)send a copy of it to the institution concerned; and
(b)notify that institution of the period within which it may make observations on the report.
(10) The period specified by the Committee in a notice given under sub-paragraph (b) of paragraph (9) shall be not less than one month beginning with the date on which a copy of the report is sent to the institution concerned under sub-paragraph (a) of paragraph (9).
(11) The Committee shall not take any steps in the light of any report made under paragraph (7) before the end of the specified period mentioned in paragraph (10).
(12) The Council shall publish such reports together with, on the request of the institution concerned, the response of that institution to the report.
(13) The Council may make such provision in respect of visitors as it may determine—
(a)for the payment of fees and allowances, including the payment of allowances to employers of visitors for the purposes of enabling visitors to perform functions under this article;
(b)for the reimbursement of such expenses as visitors may reasonably have incurred in the course of carrying out their functions under this article.
Commencement Information
I3Art. 16 not in force at made date, see art. 1(2)
Information to be given by institutionsU.K.
17.—(1) This article applies to any institution in the United Kingdom by which, or under whose direction, whether inside or outside the United Kingdom—
(a)any relevant course of education or training is, or is proposed to be, given; or
(b)any test of competence is, or is proposed to be, conducted in connection with any such course or for any other purpose connected with this Order.
(2) In paragraph (1) “relevant course of education or training” has the same meaning as in article 16(3).
(3) Whenever required to do so by the Education and Training Committee or the Council, any such institution shall give to the Committee such information and assistance as the Committee may reasonably require in connection with the exercise of its functions under this Order.
(4) Where an institution refuses any reasonable request for information made by the Committee or the Council under this article, the Committee with the approval of the Council may in accordance with article 18 refuse to approve, or withdraw approval from, as the case may be, any education, training, qualification or institution to which the information relates.
(5) In this article a reference to education or training includes any course of education or training or test referred to in article 15(5).
Commencement Information
I4Art. 17 not in force at made date, see art. 1(2)
Refusal or withdrawal of approval of courses, qualifications and institutionsU.K.
18.—(1) Where as a result of any visitor’s report or other information acquired by the Education and Training Committee or the Council and taking account of the observations received from the institution under article 16(9), the Committee is of the opinion that the standards established under article 15(1) are not, or will not be, met by particular education or training or that an institution is not observing the requirements referred to in article 15(1) it may refuse to approve, or withdraw approval from, as the case may be, any education, training, qualification or institution to which that opinion relates.
(2) In this article a reference to education or training includes any course of education or training or test referred to in article 15(5).
(3) In making any decision under paragraph (1) to refuse or to withdraw approval the Committee shall act in accordance with this article.
(4) The Committee shall—
(a)notify the institution concerned, setting out its reasons; and
(b)inform the institution of the period within which it may make observations on the matters raised, which shall be not less than one month beginning with the date on which the reasons are sent to the institution under sub-paragraph (a).
(5) The Committee shall take no further steps before the period specified in sub-paragraph (b) of paragraph (4) has expired.
(6) If, taking account of the matters referred to in paragraph (1) and any observations submitted by the institution under paragraph (4), the Committee decides that it is appropriate to refuse or withdraw approval under paragraph (1) it shall notify the institution accordingly.
(7) A decision under paragraph (6) shall have effect from the date of the decision or from such later date as may be specified in the decision.
(8) Where approval is withdrawn under this article, the Committee shall use its best endeavours to secure that any person who is undertaking the education or training concerned or is studying for the qualification concerned or is studying at the institution concerned at the time when recognition is withdrawn is given the opportunity to follow approved education or training or to study for an approved qualification or at an approved institution.
(9) The withdrawal under this article of approval from any education or training, qualification or institution shall not affect the entitlement of any person to be registered on the basis of an award to him, before the date on which the decision withdrawing approval had effect, of—
(a)the qualification concerned; or
(b)any qualification awarded—
(i)in connection with any education or training, or
(ii)by an institution
from which approval has been withdrawn.
Commencement Information
I5Art. 18 not in force at made date, see art. 1(2)
Post-registration trainingU.K.
19.—(1) The Council may make rules requiring registrants to undertake such continuing professional development as it shall specify in standards.
(2) The rules may, in particular, make provision with respect to registrants who fail to comply with any requirements of the rules, including making provision for their registration to cease to have effect.
(3) The Council may by rules require persons who have not practised or who have not practised for or during a prescribed period, to undertake such education or training or to gain such experience as it shall specify in standards.
(4) If the Council makes rules under paragraph (1) or (3), it shall establish the standards to be met in relation to—
(a)continuing professional development; or
(b)the education or training mentioned in paragraph (3),
and article 15(3) to (8) and articles 16 to 18 of this Order shall apply in respect of those standards as if they were standards established under article 15(1)(a).
(5) In the articles mentioned in paragraph (4), references to “education and training” shall, for the purposes of that paragraph, be treated as being to education, training or experience.
(6) In respect of additional qualifications which may be recorded on the register the Council may establish standards of education and training and article 15(3) to (8) and articles 16 to 18 shall apply in respect of those standards as if they were standards established under article 15(1)(a).
Commencement Information
I6Art. 19 not in force at made date, see art. 1(2)
WalesU.K.
20. The National Assembly for Wales may create or designate a body with which the Council may enter into any such arrangements as are referred to in article 15(5) of this Order in order to perform its function under article 15(4)(b) in respect of the standards established under article 15(1) or 19(4) or (6).
Commencement Information
I7Art. 20 not in force at made date, see art. 1(2)
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