The Health Professions Order 2001 (Consequential Amendments) Order 2002

Statutory Instruments

2002 No. 880

HEALTH CARE AND ASSOCIATED PROFESSIONS

HEALTH PROFESSIONS

The Health Professions Order 2001 (Consequential Amendments) Order 2002

Made

27th March 2002

Laid before Parliament

28th March 2002

Coming into force

17th April 2002

The Secretary of State for Health, in exercise of the powers conferred upon him by section 63 of the Health Act 1999(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Health Professions Order 2001 (Consequential Amendments) Order 2002 and shall come into force on 17th April 2002.

Consequential amendments

2.  The enactments specified in the Schedule to this Order are amended as there specified.

Signed by authority of the Secretary of State

John Hutton

Minister of State,

Department of Health

27th March 2002

Article 2

SCHEDULE CONSEQUENTIAL AMENDMENTS TO SECONDARY LEGISLATION

National Assistance (Professions Supplementary to Medicine) Regulations 1964(2)

1.  In regulation 2(2) of the National Assistance (Professions Supplementary to Medicine) Regulations 1964, for “the Professions Supplementary to Medicine Act 1960 by the Board”, substitute “the Health Professions Order 2001”.

National Health Service (Professions Supplementary to Medicine) Regulations 1974(3)

2.  In regulation 2 of the National Health Service (Professions Supplementary to Medicine) Regulations 1974 (interpretation), in paragraph (2), for “the Professions Supplementary to Medicine Act 1960 by the Board” substitute “the Health Profession Order 2001”.

Medicines (Labelling and Advertising to the Public) Regulations 1978(4)

3.  In regulation 5 of the Medicines (Labelling and Advertising to the Public) Regulations 1978 (prohibition of representations), in paragraph (2) for “registered by the Chiropodists Board under the Professions Supplementary to Medicine Act 1960” substitute “registered on the register maintained pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 in respect of chiropodists”.

Medicines (Pharmacy and General Sale—Exemption) Order 1980(5)

4.  In article 1 of the Medicines (Pharmacy and General Sale—Exemption) Order 1980 (citation, commencement and interpretation) for the definition of “state registered chiropodist” substitute—

““state registered chiropodist” means a person who is registered in the register maintained pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 in respect of chiropodists;”.

5.  In Schedule 3, Part III (classes of individual by whom supplies may be made) in the passage relating to—

(a) paramedics, for “in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Paramedics Board”, substitute “as paramedics in the register maintained pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 in respect of paramedics”;

(b) orthoptists, for “in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Orthoptists Board”, substitute “as orthoptists in the register maintained pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 in respect of orthoptists”;

(c) physiotherapists, for “in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Physiotherapists Board”, substitute “as physiotherapists in the register maintained pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 in respect of physiotherapists”;

(d) radiographers, for “in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Radiographers Board”, substitute “as radiographers in the register maintained pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 in respect of radiographers”.

European Communities (Recognition of Professional Qualifications) Regulations 1991(6)

6.  In Schedule 1 to the European Communities (Recognition of Professional Qualifications) Regulations 1991 (professions regulated by law or public authority), in Part I, in the column headed “Designated Authority”, for—

• “Relevant Board at the Council for Professions Supplementary to Medicine:

  • The Arts Therapists Board

  • The Chiropodists Board

  • The Clinical Scientists Board

  • The Dietitians Board

  • The Medical Laboratory Technicians Board

  • The Occupational Therapists Board

  • The Orthoptists Board

  • The Physiotherapists Board

  • The Prothetists and Orthotists Board

  • The Radiographers Board and

  • The Speech and Language Therapists Board”,

substitute “The Health Professions Council”.

European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996(7)

7.  In Schedule 2 to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996, in Part I, in the column headed “Designated Authority”, for “The Paramedics Board at the Council for Professions Supplementary to Medicine”, substitute “The Health Professions Council”.

Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999(8)

8.  In regulation 1 of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 (citation, commencement and interpretation), in the definition of “health care professional”, in paragraph (e), for “the Professions Supplementary to Medicine Act 1960”, substitute “the Health Professions Order 2001”.

Commission for Health Improvement (Membership and Procedure) Regulations 1999(9)

9.  In regulation 1 of the Commission for Health Improvement (Membership and Procedure) Regulations 1999 (citation, commencement and interpretation), in the definition of “lay member”, in paragraph (g), for “the Professions Supplementary to Medicine Act 1960” substitute “the Health Professions Order 2001”.

10.  In regulation 5 (disqualification for appointment), in paragraph 1(g)—

(a) after “following Acts”, add “or Orders in Council”; and

(b) in head (ii), for “the Professions Supplementary to Medicine Act 1960” substitute “the Health Professions Order 2001”.

Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(10)

11.  In regulation 5 of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (disqualification for appointment), in paragraph (5)(e), for “the Professions Supplementary to Medicine Act 1960” substitute “the Health Professions Order 2001”.

National Care Standards Commission (Membership and Procedure) Regulations 2001(11)

12.  In regulation 5 (disqualification for appointment), in paragraph (1)(g)—

(a) after “following Acts”, add “or Orders in Council”; and

(b) in head (ii), for “the Professions Supplementary to Medicine Act 1960”, substitute “the Health Professions Order 2001;”.

Explanatory Note

(This note is not part of the Order)

This Order makes a number of amendments to secondary legislation consequential on the making of the Health Professions Order 2001 (S.I. 2002 No. 254) and the repeal of parts of the Professions Supplementary to Medicine Act 1960 as a result of which the Council for Professions Supplementary to Medicine has been replaced by the Health Professions Council.

(1)

1999 c. 8.

(2)

S.I. 1964 No. 939.

(3)

S.I. 1974 No. 494.

(4)

S.I. 1978 No. 41.

(5)

S.I. 1980 No. 1924 as amended by S.I. 1998/107 and 2000/1919.

(6)

S.I. 1991 No. 824 as amended by S.I. 2000 No. 1960.

(7)

S.I. 1996 No. 2374 as amended by 2001/200.

(8)

S.I. 1999 No. 2337.

(9)

S.I. 1999 No. 2801.

(10)

S.I. 2000 No. 89.

(11)

S.I. 2001 No. 1042.