The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004

ODP amendments to the 2001 Order

3.—(1) For article 13(1) of the 2001 Order (transitional provisions relating to admission to the register) substitute—

“13.— (1) This article applies to a person—

(a) who applies for admission to the register under article 9(1);

(b) who is not registered on the date of coming into force of an order made under article 6(1) which relates to the profession in respect of which he is applying to be registered;

(c) who has never been registered in respect of that profession—

(i) under the 1960 Act or this Order, or

(ii) in the case of an ODP, on the AODP register; but

(d) who applies for admission to the register in respect of that profession within the period of two years beginning with the date mentioned in sub-paragraph (b) (“the relevant period”).”.

(2) In Part I of Schedule 1 to the 2001 Order (the Health Professions Council)—

(a) in paragraph 1(1)—

(i) in paragraph (a), for “12 members” substitute “13 members”,

(ii) in paragraph (b), for “11 members” substitute “12 members”, and

(iii) in paragraph (c), for “12 members” substitute “13 members”; and

(b) in paragraph 3, after “Act”, insert “or the AODP register”.

(3) In Schedule 2 to the 2001 Order (transitional provisions)—

(a) in paragraph 1, after “first constituted,” insert “and thereafter, after article 3 of the ODP Order comes into force and until the end of the second transitional period,”;

(b) in paragraph 3(1)—

(i) after “the Council shall” insert “after article 3 of the ODP Order comes into force”,

(ii) in paragraph (a), for “12 members” substitute “13 members”,

(iii) in paragraph (b), for “11 members” substitute “12 members”, and

(iv) in paragraph (c), for “12 members” substitute “13 members”;

(c) after paragraph 3(4) insert—

“(4A) Following consultation of persons who appear to it to be representative of operating department practitioners, the Privy Council shall appoint one practitioner member from among persons who were registered in the AODP register immediately before this sub-paragraph comes into force, or who were removed from that register pursuant to article 2 of the ODP Order.”;

(d) in paragraph 3(6) after “Act”, insert “or the AODP register”;

(e) in paragraph 20(2)(b), after “CPSM” add “or the Association of Operating Department Practitioners”;

(f) after paragraph 24 add—

“Provisions on ODPs - register

25.— (1)  Subject to sub-paragraph (2), if on the day before this paragraph comes into force a person’s name is included in the AODP register, he shall be registered in Part 13 of the register with effect from the day this paragraph comes into force.

(2) If on the day this paragraph comes into force there is an outstanding application for a person’s name to be entered into the AODP register (including an application for restoration to that register), the Council—

(a) may determine that his name is to be entered in the register; and

(b) shall dispose of the matter in such manner as it considers just.

26.   Where a person is registered in Part 13 of the register pursuant to paragraph 25, his home address shall not be published in the register without his consent.

Provisions on ODPs - fitness to practise

27.   If on the day before paragraph 25 comes into force a person’s name is included in the AODP register but his registration is suspended (whether temporarily or permanently) or he is the subject of proceedings which, but for the closure of the AODP register, could have led to his removal or suspension from the AODP register, the Council—

(a) may determine that his name is not to be entered in the register; and

(b) shall dispose of the matter (including any proceedings) in such manner as it considers just.”.

(4) In Schedule 3 to the 2001 Order (interpretation)—

(a) after the definition of “alternate member” insert the following definition—

““AODP register” means Part 1 of the register of operating department practitioners maintained by the Association of Operating Department Practitioners;”;

(b) after the definition of “national” insert the following definition—

““the ODP Order” means the Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004;”;

(c) in the definition of “relevant professions”, after “occupational therapists”, insert “operating department practitioners”.