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The Health Professions Council (Registration and Fees) Rules Order of Council 2003

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SCHEDULEU.K.The [F1Health and Care Professions Council (Registration and Fees) Rules 2003]

Textual Amendments

The Health Professions Council, in exercise of its powers under articles 5(2)(b), 7, 9(2), 10, 11, 12(1)(c)(iii), 33 and 41(2) of the Health Professions Order 2001 M1 and of all other powers enabling it in that behalf and following consultation in accordance with articles 5(2)(a), 7(1), 7(3) and 41(3) of that Order, hereby makes the following Rules:

Marginal Citations

Citation and commencementU.K.

1.  These Rules may be cited as [F2the Health and Care Professions Council (Registration and Fees) Rules 2003] and shall come into force on 9th July 2003.

Textual Amendments

InterpretationU.K.

2.  In these Rules—

F3...

“Committee” means the Education and Training Committee of the Council;

F3...

[F4in connection with the practice of the profession to which the applicant's application relates; and]

“doctor” means a registered medical practitioner;

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“the Order” means [F6Health Professions Order 2001];

“relative”, in relation to any person, means—

(a)

his spouse [F7or civil partner];

(b)

any lineal ancestor, lineal descendant, brother, sister, aunt, uncle, nephew, niece, or first cousin, of his or of his spouse [F7or civil partner]; or

(c)

the spouse [F7or civil partner] of any relative mentioned in paragraph (b),

and for the purposes of deducing any such relationship “spouse [F7or civil partner]” includes a former spouse [F7or civil partner], a partner to whom the person is not married, and a partner of the same sex.

Textual Amendments

[F8Electronic communicationU.K.

2ZA.—(1) A requirement in these Rules for a person to send to, or serve upon, another person (“the recipient”) any document may be satisfied by—

(a)sending it by post to the recipient; or

(b)transmitting it by electronic means to the recipient: this is subject to paragraph (2).

(2) But a document may only be sent or served by electronic means if the recipient has, in writing (which includes in electronic form), notified the sender and has not withdrawn that notification that the recipient is willing to receive documents of that kind by those means.

(3) For the purposes of paragraph (2), where the intended recipient—

(a)is not the Council, the Committee or the Registrar, the recipient must provide the sender with the recipient’s e-mail address;

(b)is the Council, the Committee or the Registrar, the recipient must publish on the Council’s website an e-mail address or other electronic identification to which a document may be sent.

(4) This rule does not apply to an application for—

(a)admission to the register pursuant to rule 4:this is subject to paragraph(2) of that rule; or

(b)renewal of registration pursuant to rule 11:this is subject to paragraph (2)(b) of that rule.]

Textual Amendments

Application to [F9visiting health F10... professionals] from relevant European StatesU.K.

F112A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The RegisterU.K.

3.—(1) There shall be entered in the register against the full name of each registrant—

(a)his registration number;

(b)his last known home address; and

(c)any qualification of the registrant which has led to his registration.

(2) The home address of a registrant shall not be included in any published version of the register without his consent.

(3) The entries for registrants in each part of the register shall appear in the alphabetical order of their surnames.

(4) The Registrar may enter on the register any other information which is material to a registrant’s registration.

(5) The Registrar shall keep the register in a form and manner which guards against falsification and shall take all reasonable steps to ensure that only he and such persons as have been authorised by him in writing for the purpose shall be able to amend the register or have access to the version of the register which contains entries which are not included in the published version of the register.

Applications for registrationU.K.

[F124.—(1) An application for admission to a part of the register shall be—

(a)made in writing on the form provided by the Council containing the declarations and information listed in Schedule 1;

(b)signed by the applicant;

(c)accompanied by—

(i)the registration fee prescribed in rule 14, and

(ii)the scrutiny fee prescribed in rule 17; and

(d)sent, or given, to the Registrar.

(2) But the Registrar may accept an application for registration which does not comply with sub-paragraphs (a) or (b) of paragraph (1) if the applicant has—

(a)by electronic means, provided the Registrar with—

(i)the information and any declaration which he would be required to provide if the application was submitted in writing on the appropriate form,

(ii)an attestation as to the accuracy of those matters; and

(b)complied with all of the other requirements of this rule which apply to him.

(3) An appropriate form for the purposes of paragraph (2) is a form provided by the Council and which contains the information listed in Schedule 1 and any declaration required by that Schedule.

(4) The applicant shall provide in connection with the application for registration—

(a)one of the following—

(i)the document which confers an approved qualification on the applicant or other evidence demonstrating that the applicant holds an approved qualification,

F13(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(iia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[F14 or]

(iii)where his application is made under article 13 of the Order such documents, information or evidence as the Committee may reasonably require for the purposes of determining whether by virtue of that article the applicant is to be treated as satisfying the requirements of article 9(2)(a) of the Order, including evidence that he holds the qualification on which he relies in making his application and information as to whether he has been a member of a professional body or has had professional indemnity insurance;

(b)evidence that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 11A of the Order, appropriate cover under an indemnity arrangement; and

(c)such other documents, information or evidence as the Committee may reasonably require for the purposes of verifying the information in and determining the application.]

Textual Amendments

Other conditions of registrationU.K.

5.—(1) For the purpose of satisfying itself as to the good character of the applicant, the Committee shall have regard to—

[F15(a)the character declaration provided by the applicant pursuant to rule 4(1)(a) or (2)(a);]

(b)any conviction or caution which the applicant has received in the United Kingdom for a criminal offence or a conviction received elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(c)any determination by a body responsible for regulating or licensing a health or social care profession to the effect that the applicant’s fitness to practise is impaired; and

(d)any other matters which, in the opinion of the Committee, appear to be relevant to the issue,

and for this purpose the Committee may seek information additional to that provided with the application for registration from any person or source as it considers appropriate.

(2) For the purpose of being satisfied as to the physical and mental health of the applicant, the Committee shall have regard to—

[F16(a)the health declaration provided by the applicant pursuant to rule 4(1)(a) or (2)(a); and]

(b)such other matters as appear to it to be relevant,

and for this purpose the Committee may seek information additional to that provided with the application for registration from the applicant and from any other person or source as it considers appropriate and may require the applicant to be examined or further examined by a doctor nominated by the Committee.

Textual Amendments

Prescribed periods for additional education and training requirementsU.K.

6.—(1) The prescribed period for the purposes of article 9(2)(a)(i) of the Order is five years (period within which a qualification must have been awarded).

(2) The prescribed period for the purposes of article 10(2)(c) of the Order is two years (period for which a person must have practised since his first registration or latest renewal of registration).

[F17(3) A person to whom article 9(2)(a)(ii) or 10(2)(c) of the Order applies shall not be admitted or re-admitted to the register or have his registration renewed unless he has—

(a)undertaken such education or training; or

(b)gained such experience,

as the Council may specify in standards under article 19(4)(b) of the Order and which apply to him.]

Textual Amendments

Knowledge of the English languageU.K.

7.  The Committee may require an applicant F18... to produce evidence that he has sufficient knowledge of spoken and written English to enable him to practise as a registered professional in the United Kingdom safely and competently.

Textual Amendments

CertificatesU.K.

8.—(1) The Registrar [F19may], upon entering the name of a person in the register, issue to that registrant a certificate, in a form determined by the Council, which includes the part of the register in which he is registered, any designated title he may use and the date of registration.

(2) Any certificate issued in accordance with paragraph (1) shall remain the property of the Council and shall be surrendered to the Registrar by the person if—

(a)a striking off order is made against him;

(b)his name is removed from the register; or

(c)for any other reason, the certificate no longer accurately reflects his entry in the register.

(3) Where any certificate is surrendered by a registrant in accordance with paragraph (2)(c) the Registrar shall issue a replacement certificate to that registrant which accurately reflects his entry in the register.

Textual Amendments

Amendments to registerU.K.

9.—(1) A registrant shall notify the Registrar in writing within one month of any change in the registrant’s name or home address as given in the register.

(2) The Registrar shall amend the register, so far as may be necessary—

(a)in consequence of any notification under paragraph (1);

(b)to give effect to any order made by a Practice Committee under Part V of the Order;

(c)to give effect to any decision on appeal under article 37 or 38 of the Order; and

(d)to reflect any other information which comes to the attention of the Registrar and which in the Registrar’s opinion requires such an amendment to be made in order to maintain the register’s accuracy.

(3) Before making any amendment under paragraph (2)(a) or (d) the Registrar may make such further enquiries or require such further evidence from the registrant concerned as appears to the Registrar to be appropriate.

Registration periodU.K.

10.—(1) A person’s registration period is to be determined in accordance with this rule.

F20(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F22A person’s] first registration period shall begin on the day on which he is first registered in respect of the profession concerned and shall end [F23on the next occurrence of] the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered.

(4) In respect of any registrant, subject to paragraph (5), a registration period subsequent to the first registration period F24... shall begin on the day after the previous registration period ends and shall [F25end on the next occurrence of the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered].

(5) If a person’s name is removed from the register and he is thereafter readmitted or restored to the register, his registration period shall begin on the day on which he is readmitted or restored and shall end [F26on the next occurrence of] the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered.

Textual Amendments

Renewal of registrationU.K.

[F2711.—(1) Not less than 42 days before his registration ends, the Committee shall send to a registrant a notice (a registration renewal notice)—

(a)inviting the registrant to submit an application for the renewal of his registration;

(b)specifying the renewal fee prescribed in rule 15, and

(c)warning the registrant that he is liable to be removed from the register unless his completed application and the renewal fee is received by the Committee on, or before, the date specified in that notice.

(2) An application referred to in paragraph (1)(a) may either be—

(a)a written one, in the form determined by the Council and containing the declaration and information listed in Schedule 2; or

(b)an electronic one, in the manner and form required by the Registrar which includes the declaration and information which would be required if the application were a written one.

(3) If both the registrant’s application for the renewal of his registration and the renewal fee are not received by the Committee by the date specified in the registration renewal notice, the Committee shall send a notice to the registrant warning him that unless both his application and the renewal fee are received within the relevant period, his name may be removed from the register.

(4) The “relevant period” is a period of 14 days beginning with the day on which a warning notice is sent to the registrant.

(5) Where both the registrant’s application for the renewal of his registration and the renewal fee are not received within the relevant period, the Committee may direct the Registrar to remove the registrant from the register from the later of—

(a)the day on which that period expires, and

(b)the day on which the registrant’s registration would otherwise expire.

(6) Any notice given by the Committee to a registrant under this rule may—

(a)be sent by post to the home address of the registrant as it appears in the register and shall be treated as sent at the time of its posting; or

(b)where the registrant has given a written statement to the Registrar consenting to receive any such notice in an electronic form, it may be sent to the electronic address specified in that statement or in any superseding statement.]

Textual Amendments

[F28Continuing professional developmentU.K.

11A.—(1) A registrant must—

(a)undertake continuing professional development in accordance with the standards specified by the Council under article 19(4)(a) of the Order and which apply to him; and

(b)maintain an up to date record (including any supporting documents or other evidence) of the continuing professional development he has undertaken.

(2) The Committee may at any time send a notice to a registrant requiring him to—

(a)submit his continuing professional development record for inspection; and

(b)provide the Committee with such other evidence as it may reasonably require,

within such time period as the Committee may specify in the notice (which shall be at least 21 days beginning with the day on which the notice was sent), for the purpose of determining whether the [F29registrant] has met the requirements of paragraph (1).

(3) Where, from the information supplied by the registrant in accordance with paragraph (2), the Committee is not satisfied that he has complied with a requirement imposed by paragraph (1)(a) or (b), the Committee shall send the registrant a notice—

(a)providing a statement of the reasons why the Committee is not satisfied that the registrant has complied with the requirement; and

(b)inviting the registrant to submit his observations on the matter by the date specified in the notice, which shall be at least 14 days beginning with the date on which the notice was sent.

(4) If, after considering any observations, the Committee is of the view that the registrant has not complied with a requirement imposed by paragraph (1)(a) or (b), the Committee may instruct the Registrar to remove the name of the registrant from the register.

(5) If a registrant fails to respond to a notice sent to him by the Committee under paragraph (2) within the period specified in the notice, the Committee shall send him a further notice warning that, if he does not respond to the original notice before the end of the period of 14 days beginning with the day on which the further notice was sent, his name may be removed from the register.

(6) If a registrant does not respond by the date specified in the notice under paragraph (2) or the further notice under paragraph (5), then the Committee may instruct the Registrar to remove the name of the registrant from the register.]

Textual Amendments

[F30Cessation of appropriate cover under an indemnity arrangementU.K.

11B.  A registrant must notify the Registrar in writing immediately if for any reason the registrant ceases, or will cease, to have in force in relation to the registrant for the purpose of complying with article 11A of the Order, appropriate cover under an indemnity arrangement.]

Textual Amendments

[F30Information required on indemnity arrangementsU.K.

11C.—(1) The Registrar may in accordance with paragraph (2) serve notice on a registrant to provide information to the Registrar for the purposes of determining whether, at any time, there is in force in relation to the registrant an indemnity arrangement which provides appropriate cover for the purpose of complying with article 11A of the Order.

(2) That notice must specify—

(a)the information or evidence required to determine that the registrant has in force in relation to that registrant, an indemnity arrangement which provides appropriate cover for the purpose of complying with article 11A of the Order;

(b)such other information as the Registrar may reasonably require for the purpose of determining whether the registrant’s indemnity arrangement provides appropriate cover; and

(c)the time period for complying with the notice, which shall not be less than seven days beginning with the day on which the notice was sent.

(3) The Registrar may remove the registrant from the register where—

(a)having considered any evidence or information provided in response to a notice under paragraph (2), the Registrar is not satisfied that a registrant has an indemnity arrangement which provides appropriate cover; or

(b)a registrant fails to comply with a notice served under paragraph (2) within the period specified in the notice.

F31(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Application for removal from the registerU.K.

12.—(1) Without prejudice to any other power of the Registrar to remove a registrant’s name from the register, the Registrar may remove the name of a registrant from the register upon written application made by or on behalf of that registrant.

(2) An application for the removal of a name from the register shall be made in writing and shall be accompanied by a declaration that the registrant concerned is not aware of any matter which could give rise to an allegation against him under article 22 of the Order.

(3) The Registrar may not remove the name of a registrant from the register under this rule if the registrant is subject to any allegation, investigation, proceedings or order of a kind mentioned in rule 13(5).

Lapse of registrationU.K.

13.—(1) Where in accordance with article 10(3) of the Order, the Committee renews a registrant’s registration subject to a condition that he satisfies a specified requirement of article 10(2)(b) or (c) of the Order within a specified time, the Committee shall inform the registrant at the time it renews his registration that he must, before the expiry of the specified time, confirm in writing that he has complied with the condition and provide evidence which satisfies the Committee that he has done so.

(2) If, by the expiry of the specified time, the Committee—

(a)does not receive the written confirmation and evidence; or

(b)is not satisfied that the registrant has complied with the condition,

it shall send a notice to the registrant stating that, unless before the end of the period of 14 days beginning with the day on which the Committee sent the notice he provides the confirmation and evidence that he has complied with the condition his name will be removed from the register.

(3) If the written confirmation and evidence are not received or the Committee is not satisfied that the registrant has complied with the specified condition within the specified time, the Committee shall instruct the Registrar to remove the registrant’s name from the register.

(4) Where the Committee instructs the Registrar to remove a registrant’s name from the register in accordance with paragraph (3) the Committee shall send him a notice informing him of that fact and advising him of his right of appeal under article 37 of the Order.

(5) A person’s registration shall not lapse and his name shall not be removed from the register under article 10(3) or 11 of the Order if that person—

(a)is the subject of an allegation under article 22(1) of the Order (or is treated as if he were the subject of an allegation under article 22(6) of the Order) or is the subject of any investigation or proceedings under Part V or VI of the Order, on the grounds only that he has not paid the prescribed fee or has failed to apply for renewal in the prescribed form or within the prescribed time; or

(b)is the subject of a suspension order, conditions of practice order, interim suspension order or interim conditions of practice order.

Registration feeU.K.

[F3214.  The fee to be charged for registration following an application for registration is—

(a)in respect of the first registration period (as determined in accordance with rule 10(3)), where the applicant applies less than two years after the date on which he was first awarded an approved qualification, [F33[F34£116.36]; and

(b)in all other cases, [F35[F36£232.72].]]]

Textual Amendments

Renewal feeU.K.

[F3715.  The fee to be charged for renewal of registration is [F38[F39£232.72].]

Textual Amendments

[F40Readmission feeU.K.

15A.  The fee to be charged for readmission to the register is [F41[F42£174.54] [F43plus the registration fee prescribed by rule] [F4414(b)].]

Textual Amendments

Restoration feeU.K.

16.  The fee to be charged for restoring an entry in the register is [F45[F46£174.54] [F47plus the registration fee prescribed by rule] [F4814(b)].

Textual Amendments

[F49Reduced FeesU.K.

16A.—(1) A person whose registration period, as determined in accordance with rule 10(3) or (5), is not more than one year shall only be liable to pay half the registration fee [F50or renewal fee] which he would otherwise be liable to pay under [F51rule 14, 15, 15A or 16] in respect of that registration period.

(2) The Council may—

(a)waive payment of or reduce any fee or part of a fee otherwise payable under these Rules; or

(b)refund the whole or part of any fee paid under these Rules.]

Textual Amendments

[F52Scrutiny feesU.K.

17.—(1) The fee to be charged for scrutinising an application for registration where the applicant is relying on article 12(1)(a) of the Order is [F53[F54£81.45].

(2) The fee to be charged for scrutinising an application for registration where the applicant is relying on article 12(1)F55... (c) of the Order, or is seeking to be treated as satisfying the requirements of article 9(2)(a) by virtue of article 13 of the Order, is [F56[F57£639.98].

(3) The appropriate scrutiny fee shall be paid at the time an application for registration to which it applies is made.]

Textual Amendments

Payment of feesU.K.

18.—(1) Subject to paragraph (2) the Registrar shall not include a person’s name in the register on an application for registration, readmission or restoration or, except as provided in rule 11, renew an entry in the register relating to any person, unless he has paid the prescribed registration fee, readmission fee, restoration fee or renewal fee.

(2) A person may, with the agreement of the Registrar, elect to pay any registration fee F58... or renewal fee in F59... instalments by direct debit and in that event—

(a)the Registrar may make, renew or restore a register entry once the first instalment of that fee has been paid by direct debit; and

(b)references in these Rules to an application being accompanied by any such fee shall be construed as if they were references to the application being accompanied by a direct debit mandate in respect of those fees.

(3) Where—

(a)it has been agreed in accordance with paragraph (2) that any fee is to be paid in instalments by direct debit; and

(b)following the payment of the first instalment and the making, renewal or restoration of a register entry, a subsequent payment is not made by the date on which it is due,

the Registrar shall send a notice to the registrant stating that, if payment is not received within 14 days (beginning with the day on which the Registrar sent the notice) the registrant’s name may be removed from the register, and if no such payment is made, the Registrar may remove the registrant’s name from the register.

(4) A person who satisfies the Council that he has retired from the practice of his profession, leaving unused his registration for a complete year of a registration period, shall, on written application to the Council, be given a refund of half the fee paid by him in respect of that registration period.]]]]]

Textual Amendments

Sealed with the common seal of the Health Professions Council on 6th June 2003.

L.S.

Norma Brook

President

Marc Seale

Registrar

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