The Health Professions Order 2001 (Transitional Provisions) Order of Council 2003

Fitness to practise

5.—(1) Where at 9th July 2003 in respect of an allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003 the allegation has been referred for consideration and a notice of inquiry (or, where necessary under rule 5 of the Procedure Rules, an amended notice of inquiry) has been served on the respondent, subject to paragraph (2) and articles 8 and 9, the Council shall deal with it in accordance with sections 8(1)(b) and 9 of the Act and relevant rules made under the Act as if they remained in force.

(2) If—

(a) a notice of inquiry has been served on the respondent;

(b) the inquiry has not yet begun; and

(c) the respondent agrees,

the Council shall refer the allegation to the Investigating Committee or such other Practice Committee as it considers appropriate and it shall be dealt with in accordance with Part V and article 38 of the Order in the manner set out in article 2(2) above.