Statutory Instrument 2002 No. 254

      The Health Professions Order 2001


      © Crown Copyright 2002

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Health Professions Order 2001, ISBN 011 039324 4. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


STATUTORY INSTRUMENTS


2002 No. 254

HEALTH CARE AND ASSOCIATED PROFESSIONS

HEALTH PROFESSIONS

The Health Professions Order 2001

  Made 12th February 2002 
  Coming into force
  articles 1 and 48(4) 12th February 2002 
  remainder in accordance with article 1(2)


ARRANGEMENT OF ARTICLES


PART I

General
Article 1 Citation and commencement
Article 2 Interpretation

PART II

The Council and its Committees
Article 3 The Health Professions Council and its Committees

PART III

Registration
Article 4 Registrar
Article 5 Establishment and maintenance of register
Article 6 Register
Article 7 The register: supplemental provisions
Article 8 Access to register
Article 9 Registration
Article 10 Renewal of registration and readmission
Article 11 Lapse of registration
Article 12 Approved qualifications
Article 13 Transitional provisions relating to admission to the register

PART IV

Education and Training
Article 14 Education and Training Committee
Article 15 Education and training
Article 16 Visitors
Article 17 Information to be given by institutions
Article 18 Refusal or withdrawal of approval of courses, qualifications and institutions
Article 19 Post-registration training
Article 20 Wales

PART V

Fitness to Practise
Article 21 Council's functions in respect of fitness to practise, ethics and other matters
Article 22 Allegations
Article 23 Screeners
Article 24 Screeners: supplementary provisions
Article 25 Council's power to require disclosure of information
Article 26 The Investigating Committee
Article 27 The Conduct and Competence Committee
Article 28 The Health Committee
Article 29 Orders of the Health Committee and the Conduct and Competence Committee
Article 30 Review of orders by the Health Committee and the Conduct and Competence Committee
Article 31 Interim orders by a Practice Committee
Article 32 Investigation of allegations: procedural rules
Article 33 Restoration to the register of persons who have been struck off
Article 34 Legal assessors
Article 35 Medical assessors
Article 36 Registrant assessors

PART VI

Appeals
Article 37 Appeals against decisions of the Education and Training Committee
Article 38 Appeals

PART VII

Offences
Article 39 Offences

PART VIII

Miscellaneous
Article 40 Further provisions
Article 41 Rules and orders
Article 42 Exercise of powers by the Privy Council
Article 43 Default powers of the Privy Council
Article 44 Annual Reports
Article 45 Finances of the Council
Article 46 Accounts of the Council
Article 47 Inquiry by the Privy Council
Article 48 Supplementary and transitional provisions and extent

SCHEDULES

  1 Health Professions Council and Committees:
 Part I Health Professions Council
 Part II The Statutory Committees

  2 Transitional provisions

  3 Interpretation

  4 Consequential amendments to primary legislation

At the Court at Buckingham Palace, the 12th day of February 2002

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by a resolution of each House of Parliament in accordance with section 62(9) of the Health Act 1999[
1];

     Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4)[2] of that Act, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:



PART I

GENERAL

Citation and commencement
     1.  - (1) This Order may be cited as the Health Professions Order 2001.

    (2) This article and article 48(4) come into force on the day on which this Order is made and the other provisions of this Order shall come into force on such day as the Secretary of State may specify.

    (3) Different days may be specified under paragraph (2) for different purposes and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that date.

Interpretation
    
2. This Order is to be interpreted in accordance with Schedule 3.



PART II

THE COUNCIL AND ITS COMMITTEES

The Health Professions Council and its Committees
    
3.  - (1) There shall be a body corporate known as the Health Professions Council (referred to in this Order as "the Council").

    (2) The principal functions of the Council shall be to establish from time to time standards of education, training, conduct and performance for members of the relevant professions and to ensure the maintenance of those standards.

    (3) The Council shall have such other functions as are conferred on it by this Order or as may be provided by the Privy Council by order.

    (4) The main objective of the Council in exercising its functions shall be to safeguard the health and well-being of persons using or needing the services of registrants.

    (5) In exercising its functions, the Council shall - 

    (a) have proper regard to the interests of all registrants and prospective registrants and persons referred to in paragraph (4) in each of the countries of the United Kingdom and to any differing considerations applying to the professions to which this Order applies and to groups within them; and

    (b) cooperate wherever reasonably practicable with - 

      (i) employers and prospective employers of registrants,

      (ii) persons who provide, assess or fund education or training for registrants or prospective registrants, or who propose to do so,

      (iii) persons who are responsible for regulating or coordinating the regulation of other health or social care professions, or of those who carry out activities in connection with the services provided by those professions or the professions regulated under this Order,

      (iv) persons responsible for regulating services in the provision of which registrants are engaged.

    (6) Before making any order under paragraph (3), the Privy Council shall consult the Council.

    (7) The Council shall consult the Privy Council, or such person as the Privy Council may designate, at least once in each calendar year on the way in which it proposes to exercise its functions in respect of such period as the Privy Council or the designated person, as the case may be, may specify.

    (8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council.

    (9) There shall be four committees of the Council, to be known as - 

    (a) the Education and Training Committee;

    (b) the Investigating Committee;

    (c) the Conduct and Competence Committee; and

    (d) the Health Committee.

    (10) The four committees are referred to in this Order as "the statutory committees".

    (11) Each of the statutory committees shall have the functions conferred on it by this Order.

    (12) The Council - 

    (a) may establish such other committees as it considers appropriate in connection with the discharge of its functions; and

    (b) may, in particular, establish professional advisory committees whose function is to advise the Council and its statutory committees (whether on the request of the Council or otherwise) on matters affecting any relevant profession, and

may delegate any of its functions to them, other than any power to make rules.

    (13) The Council shall inform and educate registrants, and shall inform the public, about its work.

    (14) Before establishing any standards or giving any guidance under this Order the Council shall consult representatives of any group of persons it considers appropriate including, as it sees fit, representatives of - 

    (a) registrants or classes of registrant;

    (b) employers of registrants;

    (c) users of the services of registrants; and

    (d) persons providing, assessing or funding education or training for registrants or prospective registrants.

    (15) The Council shall publish any standards it establishes and any guidance it gives.

    (16) Paragraphs (14) and (15) do not apply to guidance given to an individual which is particular to him.

    (17) The Council may - 

    (a) make recommendations to the Secretary of State concerning any profession which in its opinion should be regulated pursuant to section 60(1)(b) of the Health Act 1999; and

    (b) give such guidance as it sees fit, to such persons as seem to it to have an interest in such regulation, on the criteria to be taken into account in determining whether a profession should be so regulated.

    (18) Part II of Schedule 1 shall have effect with respect to the statutory committees.

    (19) Nothing in this Order shall require or permit any disclosure of information which is prohibited by or under any other enactment.



PART III

REGISTRATION

Registrar
    
4.  - (1) The Council shall appoint a Registrar who shall hold office for such period and on such terms as the Council may determine.

    (2) The Registrar shall have such functions as the Council may direct.

    (3) The terms on which the Registrar holds office may, in addition to providing for his remuneration, include provision for the payment of such pensions, allowances or gratuities to or in respect of him, or such contributions or payments towards provision for such pensions, allowances or gratuities, as may be determined by the Council.

    (4) Where the terms on which the Registrar holds office include provision for the payment to him of any allowances or expenses, the rate at which those allowances or expenses are paid shall be determined by the Council.

    (5) If the Council appoints a deputy or assistant Registrar and that deputy or assistant Registrar is authorised by the Registrar to act for him in any matter, any reference in this Order to "the Registrar" shall include a reference to that deputy or assistant Registrar.

Establishment and maintenance of register
    
5.  - (1) In accordance with the provisions of this Order the Council shall establish and maintain a register of members of the relevant professions.

    (2) The Council shall from time to time - 

    (a) establish the standards of proficiency necessary to be admitted to the different parts of the register being the standards it considers necessary for safe and effective practice under that part of the register; and

    (b) prescribe the requirements to be met as to the evidence of good health and good character in order to satisfy the Education and Training Committee that an applicant is capable of safe and effective practice under that part of the register.

    (3) The Council shall - 

    (a) before prescribing the requirements mentioned in paragraph (2)(b), consult the Conduct and Competence Committee in addition to the persons referred to in article 3(14); and

    (b) publish those requirements.

    (4) The register shall show, in relation to each registrant, such address and other details as the Council may prescribe.

    (5) In any enactment or instrument (past or future and including this Order), except where the context otherwise provides, "registered" in relation to any of the relevant professions means registered in the register maintained under this article by virtue of qualifications in that profession.

Register
    
6.  - (1) The register shall be divided into such parts as the Privy Council may by order determine, on a proposal by the Council or otherwise, and in this Order, references to parts of the register are to the parts so determined.

    (2) There shall be one or more designated titles for each part of the register indicative of different qualifications and different kinds of education or training and a registrant is entitled to use whichever of those titles, corresponding to the part of the register in which he is registered, as is appropriate in his case.

    (3) Subject to article 7, the Privy Council may by order, on a proposal by the Council or otherwise, make such other provision in connection with the register as it considers appropriate and in particular may provide for - 

    (4) The Privy Council, except where acting in accordance with a proposal made by the Council, shall consult the Council before making, varying or revoking any order under this article.

    (5) Before making any proposal referred to in paragraph (1) or (3), the Council shall consult representatives of any group of persons who appear likely to be affected by the proposed order.

The register: supplemental provisions
    
7.  - (1) Having consulted the Education and Training Committee the Council shall make rules in connection with registration and the register, and as to the payment of fees.

    (2) The rules shall, in particular, make provision as to - 

    (3) Before determining or varying any fees mentioned in paragraph (2)(c) the Council shall consult the Education and Training Committee and such of those persons mentioned in article 3(14) as it considers appropriate.

Access to register etc.
    
8.  - (1) The Council shall make the register available for inspection by members of the public at all reasonable times.

    (2) The Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.

    (3) Any copy of, or extract from, the published register shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.

    (4) A certificate purporting to be signed by the Registrar, certifying that a person - 

shall be evidence (and in Scotland sufficient evidence) of the matters certified.

    (5) On application by a registrant who wishes to practise in another EEA State, the Council shall provide him with such documentary evidence as is required by the relevant Directive.

Registration
    
9.  - (1) A person seeking admission to a part of the register must apply to the Council and, subject to the provisions of this Order, and in particular paragraph (4), if he satisfies the conditions mentioned in paragraph (2) he shall be entitled to be registered in that part.

    (2) Subject to paragraph (3), the conditions are that the application is made in the prescribed form and manner and that the applicant - 

    (3) Where the applicant is already registered in the register and wishes to be registered in an additional part of the register or to have additional entries recorded, paragraph (2)(a) shall apply only to the qualifications on which his application is based.

    (4) Where a person who - 

applies for admission to the register in the relevant period, the Education and Training Committee shall, if it is satisfied as to his good character, grant the application.

    (5) The Education and Training Committee shall give its decision on an application under paragraph (1) as soon as reasonably practicable and in any event within the period specified in the European Communities (Recognition of Professional Qualifications) Regulations 1991[
3] and the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996[4].

    (6) The Education and Training Committee shall notify the applicant in writing of its decision, and, where that decision is unfavourable to the applicant, of its reasons for reaching that decision and, of the applicant's right of appeal under article 37.

    (7) Failure to notify the applicant of the Committee's decision within the time specified in paragraph (5) shall be treated as a decision from which the applicant may appeal under article 37.

Renewal of registration and readmission
     10.  - (1) Where a person is registered and wishes to renew his registration at the end of a prescribed period, he shall make an application for renewal to the Education and Training Committee in accordance with rules made by the Council.

    (2) The Education and Training Committee shall grant the application for renewal if the applicant - 

    (3) Where an applicant does not satisfy the Education and Training Committee that he has met the requirements mentioned in paragraph (2)(b) or (c), the Committee may renew the applicant's registration on condition that he satisfy those requirements within a specified time and if the person fails to comply with the condition, subject to article 11(3) and 37(3), his registration shall lapse and, in accordance with prescribed procedure, his name shall be removed from the register.

    (4) Where a person's registration has lapsed, he may apply to the Education and Training Committee to be readmitted and the Committee shall grant the application if - 

    (5) Article 9(4) to (6) shall apply to applications made under this article.

Lapse of registration
    
11.  - (1) The Council may make rules providing for the procedure by which and the circumstances in which a registrant's name may be removed from the register on his own application or after the expiry of a specified period.

    (2) Where a person's name is removed in accordance with this article or article 10(3), his registration shall be referred to as lapsed.

    (3) Any rules made under paragraph (1) shall provide that a person's registration shall not lapse under this article or under article 10(3) - 

Approved qualifications
    
12.  - (1) For the purposes of this Order a person is to be regarded as having an approved qualification if - 

    (2) The Education and Training Committee shall determine procedures to - 

Transitional provisions relating to admission to the register
    
13.  - (1) This article applies to a person - 

applies for admission to the register under article 9(1).

    (2) A person to whom this article applies shall be treated as satisfying the requirements of article 9(2)(a) if he satisfies the Education and Training Committee, following any test of competence as it may require him to take - 

    (3) The Council shall, having consulted such of those persons mentioned in article 3(14) as it considers appropriate, establish from time to time the criteria to which the Education and Training Committee shall have regard in reaching a decision under paragraph (2) and it shall publish those criteria.



PART IV

EDUCATION AND TRAINING

Education and Training Committee
    
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).

Education and Training
    
15.  - (1) The Council shall from time to time establish - 

    (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 - 

    (5) In performing the function mentioned in paragraph (4)(b) the Committee may in particular, approve, or arrange with others to approve - 

    (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 - 

    (9) In this article a reference to education or training includes any course of education or training or test referred to in paragraph (5).

Visitors
    
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 - 

    (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 - 

    (5) A person shall not be prevented from being a visitor merely because he is - 

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 - 

    (8) Requirements of the kind mentioned in paragraph (7)(b) may be imposed by the Committee - 

    (9) Where a visitor reports to the Committee in accordance with paragraph (7), the Committee shall on receipt of 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 - 

Information to be given by institutions
    
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 - 

    (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).

Refusal or withdrawal of approval of courses, qualifications and institutions
    
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 - 

    (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 - 

Post-registration training
    
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 - 

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).

Wales
    
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).



PART V

FITNESS TO PRACTISE

Council's functions in respect of fitness to practise, ethics and other matters
    
21.  - (1) The Council shall - 

    (a) establish and keep under review the standards of conduct, performance and ethics expected of registrants and prospective registrants and give them such guidance on these matters as it sees fit; and

    (b) establish and keep under review effective arrangements to protect the public from persons whose fitness to practise is impaired.

    (2) The Council may also from time to time give guidance to registrants, employers and such other persons as it thinks appropriate in respect of standards for the education and training, supervision and performance of persons who provide services in connection with those provided by registrants.

    (3) The Council shall - 

    (a) before establishing any standards or arrangements mentioned in paragraph (1), consult the Conduct and Competence Committee in addition to the persons mentioned in article 3(14); and

    (b) before giving guidance under paragraph (1) or (2) consult the Education and Training Committee in addition to the persons mentioned in article 3(14).

Allegations
    
22.  - (1) This article applies where any allegation is made against a registrant to the effect that - 

    (2) For the purposes of this article references to a conviction include a conviction by a Court Martial.

    (3) This article is not prevented from applying because the allegation is based on a matter alleged to have occurred outside the United Kingdom or at a time when the person against whom the allegation is made was not registered.

    (4) Rules may provide that where a Practice Committee finds that a person has failed to comply with the standards mentioned in article 21(1), such failure shall not be taken of itself to establish that his fitness to practise is impaired, but may be taken into account in any proceedings under this Order.

    (5) When an allegation is made to the Council or any of its committees, as soon as reasonably practicable after receipt of the allegation in the form required by the Council, the Council shall refer it - 

    (6) If an allegation is not made under paragraph (1) but it appears to the Council that there should be an investigation into the fitness to practise of a registrant or into his entry in the register it may refer the matter in accordance with paragraph (5) and this Order shall apply as if it were an allegation made under paragraph (1).

    (7) Hearings and preliminary meetings of Practice Committees at which the person concerned is entitled to be present or to be represented are to be held in - 

    (8) While the registration of a registrant is suspended by virtue of a suspension order or an interim suspension order he shall be treated as not being registered notwithstanding that his name still appears in the register but this does not prevent action being taken in respect of such a person as appropriate under articles 22 to 32 of this Order.

    (9) The Council shall publish as soon as reasonably practicable particulars of any orders and decisions made by a Practice Committee under article 26(7) or (12), 29(5), 30(1), (2), (4), (6), (7) or (8) or 33 and of its reasons for them and of any decision given on appeal.

    (10) The Council may disclose to any person any information relating to a person's fitness to practise which it considers it to be in the public interest to disclose.

    (11) In this Part "the person concerned" means the person against whom an allegation has been made.

Screeners
    
23.  - (1) The Council may by rules provide for the appointment of persons, to be known as Screeners, to whom allegations may be referred in accordance with this Order or rules made under it.

    (2) A person shall not be prevented from being a Screener merely because he is - 

    (3) No person may be a Screener if he is - 

    (4) No person may act as a Screener in respect of a particular case if he has been involved in that case in any other capacity.

Screeners: supplementary provisions
    
24.  - (1) Any rules made under article 23 shall contain the provisions mentioned in paragraphs (2) and (3).

    (2) The rules made under article 23(1) shall provide that - 

    (3) Any such rules shall give Screeners the functions - 

    (4) The Council may make such provision in respect of Screeners as it may determine - 

    (5) If the Screeners decide that power is not given by this Order to deal with the allegation the Registrar shall inform the person making the allegation giving reasons.

Council's power to require disclosure of information
    
25.  - (1) For the purpose of assisting them in carrying out functions in respect of fitness to practise, a person authorised by a Practice Committee may require any person (other than the person concerned) who in his opinion is able to supply information or produce any document which appears relevant to the discharge of any such function, to supply such information or produce such a document.

    (2) As soon as is reasonably practicable after a decision has been made under article 22(5) or (6) to refer an allegation or other matter to a Practice Committee, the Council shall require, from the person concerned, details of - 

    (3) Nothing in this article shall require or permit any disclosure of information which is prohibited by or under any other enactment.

    (4) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in paragraph (1) may, in exercising his functions under that paragraph, require that the information be put into a form which is not capable of identifying that individual.

    (5) Paragraph (1) shall not apply in relation to the supplying of information or the production of any document which a person could not be compelled to supply or produce in civil proceedings in any court to which an appeal would lie from a decision of the Practice Committee in respect of the allegation with which it is dealing.

    (6) For the purposes of paragraph (5), "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

The Investigating Committee
    
26.  - (1) The Investigating Committee shall investigate any allegation which is referred to it in accordance with article 22 or 24.

    (2) Where an allegation is referred to the Investigating Committee, it shall - 

    (3) The Council shall by rules make provision as to the procedure to be followed by the Investigating Committee in any investigation carried out by it under this article.

    (4) In the case of an allegation of the kind mentioned in article 22(1)(b) the rules shall, in particular, make similar provision to that made by virtue of article 32(2)(b), (f), (g), (h), (i), (j), (m), (n), (o) and (p) and may provide for the Registrar to be made a party to the proceedings.

    (5) When the Investigating Committee reaches a decision under paragraph (2) as to whether - 

it shall notify in writing both the person concerned and the person making the allegation, if any, of its decision, giving its reasons.

    (6) Where the Investigating Committee concludes that there is a case to answer under paragraph (2)(d)(i), it shall - 

    (7) In the case of an allegation of a kind mentioned in article 22(1)(b), if the Investigating Committee is satisfied that an entry in the register has been fraudulently procured or incorrectly made, it may make an order that the Registrar remove or amend the entry and shall notify the person concerned of his right of appeal under article 38.

    (8) If the Investigating Committee concludes that there is no case to answer or that the relevant entry was not fraudulently procured or incorrectly made - 

    (9) For the purposes of paragraph (8), the publication of the decision mentioned in paragraph (5) together with the reasons for it may constitute such a declaration.

    (10) No order made under paragraph (7) shall have effect - 

    (11) The Investigating Committee may make an interim order in accordance with article 31 at the same time as making an order under paragraph (7) or at any time before referring a case to the Health Committee or the Conduct and Competence Committee under paragraph (6).

    (12) The Investigating Committee may review an order made under paragraph (7) if new evidence relevant to the order becomes available after the order has been made and may revoke that order if it considers that it should not have been made.

    (13) Where the Investigating Committee makes an order under paragraph (7), or decides not to review such an order under paragraph (12), the person concerned may appeal to the appropriate Court and the provisions of article 38 shall apply to the appeal.

    (14) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the order or decision appealed against is served on the person concerned.

    (15) On an appeal under this article, the Council shall be the respondent.

    (16) An entry which has been restored to the register on an application for readmission or restoration being granted may be treated for the purposes of this article as having been fraudulently procured or incorrectly made if any previous entry from which the restored entry is derived was fraudulently procured or incorrectly made.

The Conduct and Competence Committee
    
27. The Conduct and Competence Committee shall - 

The Health Committee
    
28. The Health Committee shall consider - 

Orders of the Health Committee and the Conduct and Competence Committee
    
29.  - (1) If, having considered an allegation, the Health Committee or the Conduct and Competence Committee, as the case may be, concludes that it is not well founded - 

    (2) For the purposes of paragraph (1) the publication of the decision mentioned in article 32(2)(k) and the reasons for it may constitute such a declaration.

    (3) If, having considered an allegation, the Health Committee or the Conduct and Competence Committee, as the case may be, concludes that it is well founded, it shall proceed in accordance with the remaining provisions of this article.

    (4) The Committee may - 

    (5) Where a case does not fall within paragraph (4), the Committee shall - 

    (6) A striking-off order may not be made in respect of an allegation of the kind mentioned in article 22(1)(a)(ii) or (iv) unless the person concerned has been continuously suspended, or subject to a conditions of practice order, for a period of no less than two years immediately preceding the date of the decision of the Committee to make such an order.

    (7) The Committee may specify in an order made under paragraph (5) a period within which an application to vary, replace or revoke the order may not be made, which - 

    (8) The Committee shall, when it makes, varies, replaces or revokes an order under this article or article 30 or when an order it has made ceases to have effect, give the Registrar such directions as are appropriate as to annotation of the register to record the decision made or, as the case may be, the expiry of the order.

    (9) The person concerned may appeal to the appropriate court against an order made under paragraph (5) and article 38 shall apply to the appeal.

    (10) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the order or decision appealed against is served on the person concerned.

    (11) No order mentioned in paragraph (9) shall have effect - 

Review of orders by the Health Committee and the Conduct and Competence Committee
    
30.  - (1) Before the expiry of an order made under article 29(5)(b) or (c) by the Conduct and Competence Committee or the Health Committee, the Committee which made the order or, if the matter has been referred to the other Committee, that Committee, shall review the order and may, subject to paragraph (5) - 

    (2) Subject to paragraph (1), on the application of the person concerned or otherwise, at any time an order made by the Conduct and Competence Committee or the Health Committee under article 29(5)(b) to (d) is in force, the Committee which made the order or, if the matter has been referred to the other Committee, that Committee, may review the order and may take any of the steps referred to in paragraph (4).

    (3) Paragraphs (1) and (2) apply to an order made on a review under paragraph (1) or (2) as they do to an order made under article 29(5)(b) to (d).

    (4) The steps mentioned in paragraph (2) are for the Committee to - 

    (5) The Committee may not extend a conditions of practice order by more than three years at a time or a suspension order by more than one year at a time.

    (6) The Committee may make the revocation of a suspension order subject to the applicant's satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) and which apply to him.

    (7) Where new evidence relevant to a striking-off order becomes available after the making of the order, the Committee which made the order or, where appropriate, the Committee mentioned in article 33(3)(b) may review it and article 33(4) to (8) shall apply as if it were an application for restoration made under that article.

    (8) A striking-off order, conditions of practice order, suspension order or caution order which is in force by virtue of a decision made on appeal to the appropriate court may be reviewed in accordance with paragraph (2) or (7), as the case may be, by the Committee which made the order appealed from and any of the steps mentioned in paragraph (4) may be taken.

    (9) Before exercising its powers under paragraph (1), (2), (4), (6), (7) or (8), a Practice Committee shall give the person concerned the opportunity to appear before it and to argue his case in accordance with rules made by the Council which shall include the matters referred to in article 32(2)(b), (g), (i), (j), (k), (m), (n) and (o).

    (10) The person concerned may appeal to the appropriate court against an order or decision made under paragraph (1), (2), (4), (6), (7) or (8).

    (11) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the order or decision appealed against is served on the person concerned.

    (12) On an appeal under this article the Council shall be the respondent.

Interim Orders by a Practice Committee
    
31.  - (1) This article applies where - 

    (2) Subject to paragraph (4), if the Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the registration of that person to be suspended or to be made subject to conditions, it may - 

during such period not exceeding eighteen months as may be specified in the order.

    (3) In a case coming within paragraph (1)(b) or (c), such an order may be made at the same time as an order made under article 26(7) or 29(5)(a) to (c).

    (4) The Investigating Committee shall not make an order in any case after it has referred the allegation in question to another Practice Committee.

    (5) Subject to paragraphs (6), (7), (9) and (12) the order mentioned in paragraph (2) shall cease to have effect - 

    (6) The Committee which made the order or, if the matter has been referred to another Practice Committee, that Committee, shall, in a case coming within paragraph (1)(a), review an order made under paragraph (2) - 

    (7) Where an interim suspension order or an interim conditions of practice order has been made under this article (including this paragraph) the Practice Committee which made the order or, where the case has been referred to another Practice Committee, that Committee, may, subject to paragraph (15) - 

    (8) The Council may apply to the court for an order made by a Practice Committee under paragraph (2) or (7) to be extended, and may apply again for further extensions.

    (9) On such an application the court may extend (or further extend) for up to 12 months the period for which the order has effect.

    (10) In this article, references to an interim suspension order or interim conditions of practice order include such an order as so extended.

    (11) For the purposes of paragraph (6) the first review after the court's extension of an order made by a Practice Committee or after a replacement order made by a Practice Committee under paragraph (7)(d) or (e) shall take place - 

    (12) Where an order has effect under paragraph (2), (7) or (9), the court may, on an application being made by the person concerned - 

and the decision of the court under any application under this paragraph shall be final.

    (13) In this article "the court" has the same meaning as "the appropriate court" in article 38.

    (14) The Committee shall notify the person concerned giving its reasons where it makes an order under paragraph (2) or for any decision under paragraph (7) and shall notify him of his right to apply to the court.

    (15) No order under paragraph (2) or (7)(c) to (e), or, in a case where paragraph (5)(b) applies, under paragraph (7)(b), shall be made by any Practice Committee in respect of any person unless he has been afforded an opportunity of appearing before the Committee and being heard on the question whether such an order should be made in his case.

    (16) At any such hearing, the person concerned shall be entitled to be represented whether by a legally qualified person or otherwise.

    (17) The Committee shall when it makes, varies, replaces or revokes an order under this article or when an order it has made ceases to have effect, give the Registrar such directions as are appropriate as to annotation of the register to record the decision made or, as the case may be, the expiry of the order.

Investigation of allegations: procedural rules
    
32.  - (1) The Council shall make rules as to the procedure to be followed by the Health Committee and the Conduct and Competence Committee in considering any allegation and before making an order under article 29(5).

    (2) The rules shall, in particular, make provision - 

    (3) Each stage in proceedings under Part V and article 37 shall be dealt with expeditiously and the Committee concerned may give directions as to the conduct of the case and for the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).

    (4) The Council may provide in the rules for the Chairman of the Committee to hold the meeting referred to in paragraph (2)(b) or to give the directions mentioned in paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.

    (5) In this article "parties" means the Council and the person concerned.

Restoration to the register of persons who have been struck off
    
33.  - (1) Where a person who has been struck off the register by virtue of an order made by a Practice Committee or the court wishes to be restored to the register, he shall make an application for restoration to the Registrar.

    (2) Subject to article 30(7), no such application may be made - 

    (3) Any application for restoration shall be referred by the Registrar for determination to - 

    (4) Before making any decision on the application the Committee shall give the applicant an opportunity to appear before it and to argue his case in accordance with rules made by the Council which shall include the matters referred to in article 32(2)(b), (g), (i), (j), (k), (m), (n) and (o).

    (5) The Committee shall not grant an application for restoration unless it is satisfied, on such evidence as it may require, that the applicant not only satisfies the requirements of article 9(2)(a) and (b) but, having regard in particular to the circumstances which led to the making of the order under article 29, 30 or 38, is also a fit and proper person to practise the relevant profession.

    (6) The Committee may make the granting of an application subject to the applicant satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) and which apply to him.

    (7) On granting an application for restoration, the Committee - 

    (8) The provisions of article 29 shall have effect in relation to a conditions of practice order made under paragraph (7) as they have effect in relation to a conditions of practice order made under that article and article 30 shall apply as if the order made under paragraph (7) were an order made under article 29.

    (9) If, while a striking-off order is in force, a second or subsequent application for restoration to the register, made by the person who has been struck off, is unsuccessful, the Committee which determined that application may direct that that person's right to make any further such applications shall be suspended indefinitely.

    (10) A person in respect of whom a direction is made under paragraph (9) may, after the expiration of three years from the date on which the direction was made, apply to the Registrar for that direction to be reviewed and, thereafter, may make further applications for review but no such application may be made before the expiration of three years from the date of the most recent review decision.

    (11) The Registrar shall refer an application made under paragraph (10) to the Committee which made the direction under paragraph (9).

    (12) A person whose application under paragraph (10) or whose application for restoration is refused or made subject to his satisfying requirements under paragraph (6) may appeal to the appropriate Court and article 38 shall apply to that appeal.

    (13) The appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the decision rejecting the application, or granting it but imposing conditions under paragraph (6), is served on the applicant.

Legal assessors
    
34.  - (1) The Council shall appoint legal assessors.

    (2) Legal assessors shall have the general function of giving advice to - 

on questions of law arising in connection with any matter which any of those persons is considering under article 9 or 10, Part V or Part VI.

    (3) They may at the request of the person mentioned in paragraph (2) assist in the drafting of any decision required by this Order to be issued under any of the provisions mentioned in that paragraph.

    (4) They shall have such other functions as may be conferred on them by rules made by the Council.

    (5) To be qualified for appointment as a legal assessor, a person must - 

    (6) No person shall be a legal assessor if he is - 

    (7) The Council may make such provision in respect of legal assessors as it may determine - 

Medical assessors
    
35.  - (1) The Council may appoint registered medical practitioners to be medical assessors.

    (2) They shall have the general function of giving advice to - 

on matters within their professional competence in connection with any matter which any of those persons is considering.

    (3) They shall also have such other functions as may be conferred on them by rules made by the Council.

    (4) No person shall be a medical assessor if he is - 

    (5) The Council may make such provision in respect of medical assessors as it may determine - 

Registrant assessors
    
36.  - (1) The Council may appoint registered professionals as registrant assessors.

    (2) They shall have the general function of giving advice to - 

on matters of professional practice arising in connection with any matter which any of those persons is considering.

    (3) The assessors shall also have such other functions as may be conferred on them by rules made by the Council.

    (4) No person shall be a registrant assessor if he is - 

    (5) The Council may make such provision in respect of registrant assessors as it may determine - 



PART VI

APPEALS

Appeals against decisions of the Education and Training Committee
    
37.  - (1) Where the Education and Training Committee under this Order - 

    (a) refuses an application for registration, readmission or renewal or for the inclusion of an additional entry;

    (b) in determining an application under article 9 or 10, imposes additional conditions which must be satisfied before the applicant may be admitted to, readmitted to or retained on the register;

    (c) removes the name of a registrant from the register on the ground that he has breached a condition in respect of continuing professional development or such additional, education, training or experience as is mentioned in article 19(3), subject to which his registration has effect; or

    (d) fails, within the terms of article 9(7), to issue a decision,

the person aggrieved may appeal to the Council within the prescribed period.

    (2) No appeal lies to the Council where the person aggrieved has been refused registration solely because he has failed to pay the prescribed fee for registration or has failed to apply in the prescribed form and manner in accordance with article 9 or 10.

    (3) No decision removing a registrant from the register against which an appeal to the Council may be made under paragraph (1) shall have effect before - 

    (a) the expiry of the period within which such an appeal may be made; or

    (b) if an appeal is made, the appeal is withdrawn or otherwise finally disposed of.

    (4) Any appeal shall be subject to such rules as the Council shall make for the purpose of regulating appeals under this article.

    (5) The rules shall in particular provide - 

    (a) for the quorum of the Council considering such an appeal;

    (b) that the members considering the appeal are to include registrants and lay members and that the number of members who are registrants may exceed the number of lay members but may not exceed them by more than one;

    (c) for a panel considering an appeal to consist of no fewer than three members who are to be selected with due regard to the matter under consideration and to include - 

      (i) one registrant registered in the same part of the register as the one in which the person concerned is, or is applying to be, registered;

      (ii) one lay member (who shall not be a registered medical practitioner); and

      (iii) where the health of the person concerned is in issue, one registered medical practitioner;

    (d) for the person presiding to be a Council member;

    (e) that no one who has been involved in any other capacity in the case to be considered is to be a member of the panel;

    (f) for the decision to be made by a majority vote of the persons present;

    (g) in the event of a tie, for the Chairman to have an additional casting vote which he shall exercise in the favour of the person concerned;

    (h) for the Education and Training Committee to be made a party to the proceedings;

    (i) for similar provision to be made to that in article 32(2)(b), (f), (g), (i), (j), (k), (m), (n) and (o).

    (6) Article 32(3) shall apply to appeals under this article as if a reference to the Committee concerned were to the Council.

    (7) Article 25, with the exception of paragraph (2), shall apply to appeals under this article as if a reference to a Practice Committee were to the Council.

    (8) A hearing provided for by the rules made under paragraph (4) is to be held - 

    (a) in the United Kingdom country in which the registered address of the person concerned is situated;

    (b) if he is not registered and resides in the United Kingdom, in the country in which he resides; or

    (c) in any other case, in England.

    (9) Having considered the appeal under this article, the Council may - 

    (a) dismiss the appeal;

    (b) allow the appeal and quash the decision appealed against;

    (c) substitute for the decision appealed against any other decision that the Education and Training Committee could have made; or

    (d) remit the case to the Education and Training Committee to be disposed of in accordance with its directions.

    (10) The person concerned may appeal to a county court or, in Scotland, a sheriff against an unfavourable decision made under paragraph (9)(a), (c) or (d) and article 38 shall apply to that appeal.

    (11) Subject to paragraph 12, the Council shall publish as soon as reasonably practicable a decision of the Council made under this article together with the reasons for it.

    (12) If the decision is favourable to the person concerned, the Council is not required to publish it unless the person concerned so requests but it may do so with the consent of the person concerned.

Appeals
    
38.  - (1) An appeal from - 

    (2) In any appeal under this article the Council shall be the respondent.

    (3) The Court or sheriff may - 

and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.

    (4) In this article "the appropriate court" means - 



PART VII

OFFENCES

Offences
    
39.  - (1) Subject to paragraph (2), a person commits an offence if with intent to deceive (whether expressly or by implication) - 

    (a) he falsely represents himself to be registered in the register, or a particular part of it or to be the subject of any entry in the register;

    (b) he uses a title referred to in article 6(2) to which he is not entitled;

    (c) he falsely represents himself to possess qualifications in a relevant profession.

    (2) If a person has been practising a relevant profession to which the title mentioned in paragraph (1)(b) relates before the coming into force of an order under article 6(1) which relates to that profession, he will not be guilty of an offence under paragraph (1)(b) - 

    (a) during the relevant period mentioned in article 13(1)(b); or

    (b) if he applies during the relevant period for admission to the register, until his application and any appeal from a decision on that application has been finally disposed of.

    (3) A person commits an offence if - 

    (a) with intent that any person shall be deceived (whether expressly or by implication) he causes or permits another person to make any representation about himself which, if made by himself with intent to deceive, would be an offence under paragraph (1); or

    (b) with intent to deceive, he makes with regard to another person any representation which - 

      (i) is false to his own knowledge, and

      (ii) if made by the other person with that intent would be an offence by him under paragraph (1).

    (4) A person who fraudulently procures, or tries to procure, the making, amendment, removal or restoration of an entry in the register, is guilty of an offence.

    (5) A person who, without reasonable excuse, fails to comply with any requirement imposed by - 

    (a) the Council, or

    (b) a Practice Committee

under article 25(1) or (2) or rules made by virtue of article 32(2)(m) or under any corresponding rule made by virtue of article 26, 33 or 37 is guilty of an offence.

    (6) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.



PART VIII

MISCELLANEOUS

Further provisions
    
40.  - (1) The Privy Council may make provision by order with regard to the functions of legal assessors and in particular provision may be made - 

    (a) requiring legal assessors, when advising the Council or any of its committees, to do so in the presence of the parties or their representatives or, where advice is given in private, requiring the parties to be notified of the advice tendered by the legal assessors;

    (b) requiring the parties to be notified in any case where the legal assessor's advice is not accepted.

    (2) Paragraph (1)(a) and (b) shall not apply to advice given by a legal assessor in respect of the drafting of a decision mentioned in article 34(3).

Rules and orders
    
41.  - (1) No rules under this Order shall come into force until approved by order of the Privy Council.

    (2) Any rules made by the Council and any order of the Privy Council made under this Order may make different provision with respect to different cases or classes of case.

    (3) Before making any rules under this Order, the Council shall consult representatives of any group of persons who appear likely to be affected by the proposed rules and these may include such persons as appear to it to be representative of - 

Exercise of powers by the Privy Council
    
42.  - (1) Where the approval of the Privy Council is required by this Order in respect of the making of any rules by the Council, it shall be given by an order made by the Privy Council.

    (2) Any power of the Privy Council under this Order to make an order shall be exercisable by statutory instrument.

    (3) Any order under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament but this does not apply to an order made under article 48(2) or Schedule 2, paragraph 19, 20 or 21.

    (4) For the purpose of exercising any powers conferred by this Order the quorum of the Privy Council shall be two.

    (5) Any act of the Privy Council under this Order shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

    (6) Any document purporting to be - 

Default powers of the Privy Council
    
43.  - (1) If it appears to the Privy Council that the Council has failed to perform any functions which, in the opinion of the Privy Council, should have been performed, the Privy Council may notify the Council of its opinion and require the Council to make representations to it.

    (2) The Privy Council may, having considered the representations of the Council, give such directions (if any) to the Council as it considers appropriate.

    (3) If the Council fails to comply with any directions given under this article, the Privy Council may give effect to the direction.

    (4) Subject to paragraph (5), for the purpose of giving effect to a direction under paragraph (3), the Privy Council may - 

    (5) The Privy Council shall not exercise the power in paragraph (4) to make, amend, remove or restore an entry in the register in respect of an individual, nor to refuse to do so.

    (6) The powers under paragraphs (1) and (2) may be exercised by a person authorised or designated by the Privy Council for that purpose.

Annual reports
    
44.  - (1) The Council shall publish at least once in each calendar year a statistical report which indicates the efficiency and effectiveness of the arrangements it has put in place to protect the public from persons whose fitness to practise is impaired, together with the Council's observations on the report.

    (2) The Council shall - 

    (3) The Privy Council shall lay before each House of Parliament a copy of the report submitted by the Council under paragraph (2).

Finances of the Council
    
45.  - (1) The Council may charge such fees in connection with the exercise of its functions as it may, with the approval of the Privy Council, determine.

    (2) Subject to this article, the expenses of the Council are to be met out of fees received by the Council and other sums paid to it in connection with the exercise of its functions.

    (3) The Secretary of State or an appropriate authority may make grants or loans to the Council towards expenses incurred, or to be incurred by it - 

    (4) In this paragraph, "appropriate authority" means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

Accounts of the Council
    
46.  - (1) The Council shall - 

    (2) The annual accounts shall be audited by persons the Council appoints.

    (3) No person may be appointed as an auditor under paragraph (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or article 28 of the Companies (Northern Ireland) Order 1990.

    (4) As soon as is reasonably practicable after the end of the financial year to which the annual accounts relate, the Council shall - 

    (5) The Comptroller and Auditor General shall examine, certify and report on the annual accounts.

    (6) For the purposes of his examination, the Comptroller and Auditor General may inspect the accounts of the Council and any records relating to them.

    (7) The Privy Council shall lay before each House of Parliament a copy of the annual accounts certified by the Comptroller and Auditor General, any report of the auditors and the report of the Comptroller and Auditor General prepared under paragraph (5).

    (8) In this article, "financial year" means - 

Inquiry by the Privy Council
    
47.  - (1) The Privy Council may cause an inquiry to be held into any matter connected with the exercise by the Council of its functions.

    (2) Before an inquiry is begun, the Privy Council may direct that it shall be held in public.

    (3) Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

    (4) For the purpose of any such inquiry (but subject to paragraph (5)) the person appointed to hold the inquiry - 

    (5) Nothing in this article requires a person, in obedience to a summons under the article, to attend to give evidence or to produce any documents unless the necessary expenses of his attendance are paid or tendered to him.

    (6) Any person who refuses or deliberately fails to attend in obedience to a summons under this article, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this article, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (7) Where the Privy Council causes an inquiry to be held under this article - 

    (8) Where the Privy Council causes an inquiry to be held under this article it may make orders - 

and every such order may be made a rule of the appropriate court on the application of any party named in the order.

    (9) "Appropriate court" has the same meaning as in article 38(5).

Supplementary and transitional provisions and extent
    
48.  - (1) The transitional provisions contained in Schedule 2 to this Order shall apply.

    (2) The Privy Council may by order make such further transitional provisions as it considers appropriate.

    (3) The consequential amendments contained in Schedule 4 to this Order shall apply.

    (4) This Order extends to the whole of the United Kingdom.


A. K. Galloway
Clerk of the Privy Council


SCHEDULE 1
Article 3


THE HEALTH PROFESSIONS COUNCIL AND COMMITTEES




PART I

THE HEALTH PROFESSIONS COUNCIL

Membership
     1.  - (1) The Council shall consist of - 

    (a) 12 members who are appointed by the Council on being elected under the election scheme made under paragraph 2 (referred to in this Order as "registrant members");

    (b) 11 members who are appointed by the Privy Council (referred to in this Order as "lay members"); and

    (c) 12 members appointed by the Council on being elected under the election scheme made under paragraph 2 (referred to in this Order as "alternate members").

    (2) The Council shall appoint an alternate member for each registrant member.

    (3) An alternate member has the same functions as a registrant member but he may attend a Council meeting in his capacity as an alternate member and vote, only if his corresponding registrant member is unable to do so.

    (4) The Council shall appoint an elected candidate to be a registrant member or alternate member in accordance with criteria set out in the election scheme made under paragraph 2.

     2.  - (1) The Council shall provide in rules for an election scheme to elect the registrant members and alternate members and may provide in the rules for by-elections.

    (2) The election scheme shall provide that - 

    (a) a person seeking election - 

      (i) shall be registered in the part of the register for which he seeks election but no person may be elected for more than one part of the register at a time;

      (ii) lives or works wholly or mainly in the United Kingdom;

      (iii) is not the subject of any allegation, investigation or proceedings concerning his fitness to practise; and

      (iv) is wholly or mainly engaged in the practice, teaching or management of the profession in respect of which he is registered and seeks election or in research in those fields;

    (b) at least one registrant member and one alternate member shall be appointed from each part of the register and the number of members from each part shall be equal;

    (c) of the registrant and alternate members, at least one member shall be elected from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned;

    (d) a person may only vote - 

      (i) in respect of one part of the register,

      (ii) for candidates who represent a part of the register in which he is registered at the time of the election;

    (e) a person may vote even if he lives or works outside the United Kingdom;

    (f) where someone ceases to be a registrant member or alternate member a replacement shall, subject to paragraph 8(3), be appointed by the Council.

    (3) The Council shall provide such information and advice for voters and candidates about the purpose and conduct of the elections as it considers appropriate.

     3. Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or any of the registers kept under the 1960 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.

     4. Of the members appointed by the Privy Council, there shall be at least one appointed from each country of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

     5. On a proposal from the Council or otherwise the Privy Council may by order vary the size or composition of the Council, provided that - 

    (a) the number of registrant members constitutes no less than half the total number of members and the number of registrant members does not exceed the number of lay members by more than one;

    (b) the members live or work wholly or mainly in the United Kingdom;

    (c) there is at least one registrant member and one alternate member from each part of the register, and the number of registrant and alternate members from each part is equal;

    (d) in respect of - 

      (i) the registrant and alternate members, and

      (ii) the lay members,

    at least one member shall be appointed from each of the countries of the United Kingdom and that member shall live or work (wholly or mainly) in the country concerned.

     6. Where the President is a registrant member, the Privy Council shall in addition to the registrant members appointed under paragraph 1(1)(a) appoint one from the same profession as the President, and shall appoint one lay member in addition to those appointed under paragraph 1(1)(b).

     7. Where a member appointed by the Privy Council ceases to be a member, the Council shall inform the Privy Council and, subject to paragraph 8(3), the Privy Council shall replace him.

     8.  - (1) Where a member does not complete his term of office, his successor shall be appointed for the remainder of the unexpired term - 

    (a) in the case of registrant and alternate members, by the Council; and

    (b) in the case of lay members, by the Privy Council.

    (2) In this paragraph "the unexpired term" means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would have expired.

    (3) If the unexpired term is less than twelve months, the vacancy need not be filled.

    (4) The person appointed for the unexpired term shall, in the case of a registrant member or alternate member, be registered in the same part of the register as the member he is to replace and, in any case, shall live or work wholly or mainly in the same country of the United Kingdom.

Tenure of members
     9.  - (1) Each member's term of office will be for a period of 4 years.

    (2) A person shall be removed from office as a Council member if - 

    (a) there is a change in his qualifications, interests or experience such that it appears to the Privy Council that he will no longer contribute to the Council's exercise of its functions in such a manner as justifies his continued membership.

    (b) he ceases to live or work wholly or mainly in the United Kingdom or, if he has been appointed as a member in respect of one of the countries of the United Kingdom, in that country;

    (c) he ceases to be registered in the part of the register in respect of which he was appointed;

    (d) he ceases to be wholly or mainly engaged in the practice, teaching or management of the profession for which he is registered and in respect of which he was appointed or in the research mentioned in paragraph 2(2)(a)(iv);

    (e) an order has been made against him by a Practice Committee;

    (f) he is removed by a majority of at least two-thirds of the other members of the Council because of a serious and persistent deficiency in his attendance at meetings or in his conduct or performance at meetings;

    (g) such other circumstances as may be provided for by the Council in standing orders occur.

     10. A member may resign at any time by notice in writing addressed to the Registrar.

     11. No member may be appointed for more than three consecutive terms.

The President
     12.  - (1) The members of the Council shall elect a President from among themselves for a term of four years.

    (2) The President shall hold office until whichever of the following first occurs - 

    (a) he resigns as President;

    (b) he ceases to be a member of the Council;

    (c) he is removed by a majority vote of the other members of the Council.

    (3) A person shall not be prevented from being elected President merely because he has previously been President.

    (4) The President may resign the office of President at any time by notice in writing addressed to the Registrar.

Procedure etc. of Council and committees
     13.  - (1) Subject to any provision made by or under this Order and subject to paragraph 17, the Council shall make standing orders in respect of the Council, its committees and sub-committees, but not in respect of any of the statutory committees, to provide for - 

    (a) the quorum at meetings;

    (b) the procedure at meetings;

    (c) establishing standards for the education and training, attendance and performance of members;

    (d) the composition of any of its committees and sub-committees;

    (e) the chairman of each of its committees to be a Council member;

    (f) the procedure by which a person is removed from office under paragraph 9(2);

    (g) the functions of its officers; and

    (h) circumstances in which meetings are to be in private.

     14.  - (1) In appointing non-Council members to any committee set up under article 3(12) the Council shall have regard, where appropriate and subject to the other provisions of this Order, to the guidance issued by the Commissioner for Public Appointments.

    (2) The Council shall ensure that such members of the committee who are not Council members shall have such qualifications, interests or experience as, in the opinion of the Council, are relevant to the field with which the committee is mainly concerned.

    (3) The majority of members of a professional advisory committee shall be members of the profession concerned and the Chairman shall be a Council member.

    (4) The Council shall - 

    (a) establish and maintain a system for the declaration and registration of private interests of its members and of other members of its committees and sub-committees; and

    (b) publish entries recorded in a register of members' interests.

     15.  - (1) Decisions of the Council and committees shall be made by a majority vote of the members present and voting.

    (2) In the event of a tie the Chairman shall have an additional casting vote.

    (3) This paragraph does not apply to the statutory committees or to decisions of the Council under article 37.

Powers of the Council
     16.  - (1) Subject to any provision made by or under this Order, the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

    (2) The Council shall, in particular, have power - 

    (a) to borrow;

    (b) to appoint such staff as it may determine;

    (c) to pay its staff such salaries, allowances and expenses as it may determine;

    (d) to make such provision for the payment of such pensions, allowances or gratuities, or such contributions or payments towards provision for such pensions, allowances or gratuities, to or in respect of its staff as it may determine;

    (e) to make such provision in respect of its members and members of its committees and sub-committees as it may determine - 

      (i) for the payment of fees and allowances, including the payment of allowances to employers of such members for the purposes of enabling the members to perform functions under this Order;

      (ii) for the reimbursement of such expenses as the members may reasonably have incurred in the course of carrying out their functions under this Order;

    (f) to establish such sub-committees of any of its committees as it may determine;

    (g) subject to any provision made by or under this Order, to regulate the procedure of any of its committees or their sub-committees;

    (h) to abolish any of its committees, other than a statutory committee, or any sub-committee of any of its committees.

    (3) The Council may not employ any member of the Council or its committees or sub-committees.

    (4) If it appears to the Council that any statutory committee is failing to perform its functions adequately, the Council may give a direction as to the proper performance of those functions.

    (5) Where the Council, having given a direction under sub-paragraph (4), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.

    (6) The powers of the Council may be exercised even though there is a vacancy among its members.

    (7) No proceedings of the Council shall be invalidated by any defect in the election or appointment of a member.

    (8) No person who is a member of the Council or any of its committees or sub-committees by virtue of his membership of any profession, may take part in any proceedings of the Council in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.



PART II

THE STATUTORY COMMITTEES

Education and Training Committee
     17.  - (1) The Council shall by standing orders provide in respect of the Education and Training Committee for - 

    (a) its composition;

    (b) the appointment of members;

    (c) its procedure;

    (d) standards for the education and training, attendance and performance of its members; and

    (e) the performance of its functions.

    (2) The standing orders shall, in particular, provide for - 

    (a) the Chairman of the Committee to be a member of the Council;

    (b) the majority of members of the Committee to have such qualifications and experience in relation to the provision, funding or assessment of professional education and training as the Council considers will be of value to the Committee in the performance of its functions;

    (c) the Council to have regard, subject to other provisions in this Order, when selecting non-Council members for the Committee to the guidance issued by the Commissioner for Public Appointments;

    (d) the Committee to comprise fewer members than the Council;

    (e) the members, who may but need not be members of the Council, to include at least - 

      (i) one registrant from each part of the register,

      (ii) one person appointed from each country of the United Kingdom and that member shall live or work wholly or mainly in the country concerned, and

      (iii) one lay person who appears to the Council to represent the interests of the patients or clients of registrants or their carers;

    (f) the number of registrant members from each part of the register to be equal.

    (3) No person who is a member of the Council or the Education and Training Committee by virtue of his membership of any profession may take part in any proceedings of the Committee in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

    (4) The powers of the Education and Training Committee may be exercised even though there is a vacancy among its members.

    (5) No proceedings of the Education and Training Committee shall be invalidated by any defect in the appointment of a member.

Practice Committees
     18. Subject to any provision made by or under this Order, the Council shall in respect of each Practice Committee provide by rules for - 

    (a) subject to paragraph 19(6), the quorum at meetings of the Committee;

    (b) regulating its procedure;

    (c) establishing standards for the education and training, attendance and performance of its members;

    (d) regulating its composition; and

    (e) the performance of its functions.

     19.  - (1) The members of each Practice Committee shall include registered professionals and other members, of whom at least one shall be a registered medical practitioner.

    (2) The number of registered professionals on a Practice Committee may, but need not, exceed the number of other members on the Committee and shall not in any case exceed that number by more than one.

    (3) The Chairman of the Committee shall be a Council member.

    (4) No one shall be a member of more than one Practice Committee and shall not be both a Screener and a member of a Practice Committee.

    (5) The Council shall, subject to other provisions in this Order, have regard when selecting non-Council members for a Practice Committee, to the guidance issued by the Commissioner for Public Appointments.

    (6) The panel of a Practice Committee considering an allegation or taking any other action under Part V shall comprise at least three members who shall be selected with due regard to the former, current or proposed professional field of the person concerned as the case may be and to the nature of the matters in issue, provided that - 

    (a) at least one member is registered in that part of the register in which, as the case may be, the person under consideration is or was registered or in respect of which he has made an application to be registered;

    (b) there is at least one lay member, who shall not be a registered medical practitioner;

    (c) where the health of the person is relevant to the case, there is at least one registered medical practitioner;

    (d) subject to sub-paragraph (f), the panel shall comprise both registrant and lay members none of whom is a Council member and the number of registrant members may exceed the number of lay members but may not exceed them by more than one;

    (e) no one who has been involved in the case in any other capacity may sit on the panel; and

    (f) the person presiding may but need not be a member of the Council.

    (7) Decisions of a Practice Committee shall be made by a majority vote of the members present and voting.

    (8) In the event of a tie, the Chairman shall have an additional casting vote and in respect of a decision under Part V shall exercise his casting vote in favour of the person concerned.

    (9) Except when it is performing functions under Part V a Practice Committee may exercise its powers even though there is a vacancy among its members.

    (10) Apart from proceedings under Part V, no proceedings of a Practice Committee shall be invalidated by any defect in the appointment of a member.

    (11) No person who is a member of the Council or a Committee by virtue of his membership of any profession may take part in any proceedings of a Practice Committee in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.



SCHEDULE 2
Article 48


TRANSITIONAL PROVISIONS


The initial membership of the Council
     1. When first constituted, the membership of the Council shall be determined in accordance with the provisions of this Schedule.

The transitional periods
     2. In this Schedule - 

    "the first transitional period" means the period beginning with the coming into force of article 3 and ending on the date of coming into force of the first order made by the Privy Council under article 6(1);

    "the second transitional period" means the period beginning with the day after the coming into force of the first order made by the Privy Council under article 6(1) and ending on the second anniversary of that date, unless ended earlier by the Privy Council on a proposal received by it from the Council.

The Members
     3.  - (1) During the transitional periods, the Council shall consist of - 

    (a) 12 members appointed by the Privy Council (referred to in this Order as "practitioner members");

    (b) 11 members who are appointed by the Privy Council (referred to in this Order as "lay members"); and

    (c) 12 members appointed by the Privy Council (referred to in this Order as "alternate members").

    (2) The Privy Council shall appoint an alternate member for each practitioner member.

    (3) An alternate member has the same functions as a practitioner member but he may attend a Council meeting in his capacity as an alternate member and vote, only if his corresponding practitioner member is unable to do so.

    (4) Following consultation of persons who appear to it to be representative of the professions to which this Order relates, the Privy Council shall appoint from among persons who are registered under the 1960 Act, or, if section 2 has been repealed, who were so registered immediately before that provision was repealed, one practitioner member from each of the professions regulated under the 1960 Act as at 1st April 2001.

    (5) No person may be appointed as a practitioner member while he is the subject of fitness to practise investigations or proceedings whether under this Order or under the 1960 Act.

    (6) Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or any of the register kept under the 1960 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.

    (7) The number of practitioner members shall constitute no less than half the total number of members but shall not exceed the number of lay members by more than one.

    (8) The members shall live or work wholly or mainly in the United Kingdom.

    (9) There shall be at least one practitioner member and one alternate member from each part of the register, and the number of practitioner and alternate members from each part shall be equal.

    (10) In respect of - 

    (a) the practitioner and alternate members; and

    (b) the lay members,

at least one member shall be appointed from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Tenure of members
     4. Unless he resigns or is removed in such circumstances as are set out in paragraph 9(2) of Schedule 1, each member shall hold office until the end of the second transitional period.

     5. Where a member ceases to be a member, the Privy Council may replace him and the successor's term of office shall begin with the day after that on which the member ceases to be a member and end at the end of the second transitional period.

     6. The Privy Council shall determine the duration, which may not exceed four years, of the first term of office for members whose appointments take effect on the ending of the second transitional period and shall ensure that - 

    (a) the terms of office of equal proportions of registrant and lay members, being one quarter (or the nearest whole even number above one quarter) of the Council membership, expire at the end of one, two and three years respectively beginning with the day after the end of the second transitional period; and

    (b) the terms of office of the remaining members expire at the end of four years beginning with the day after the end of the second transitional period.

Election Scheme
     7. The Council shall provide in rules for an election scheme in accordance with the provisions of paragraph 2 of Part I of Schedule 1 to this Order no later than six months before the end of the second transitional period.

Appointment of first President
     8. The first President of the Council shall be appointed by the Privy Council from among the members of the Council.

     9. Where the President is a practitioner member, the Privy Council shall in addition to the practitioner members appointed under paragraph 3(1)(a) appoint one from the same profession as the President, and shall appoint one lay member in addition to those appointed under paragraph 3(1)(b).

The register
     10. During the first transitional period, the Council shall make - 

    (a) proposals to the Privy Council for an order to be made under article 6(1);

    (b) rules under articles 5 and 7 and such other rules as are necessary for the proper operation of the register.

     11. Until such date as the first order under article 6(1) is and the rules referred to in paragraph 10 are in force ("the appointed day") the Council shall - 

    (a) perform the functions of maintaining the registers under section 2 of the 1960 Act, and

    (b) determine applications under section 3 of the 1960 Act,

and if those provisions have been repealed, shall act under sub-paragraphs (a) and (b) as if they remained in force and as if references in that Act or subordinate legislation made under it to the Council for the Professions Supplementary to Medicine (the "CPSM") or to a board were to the Council.

     12. Where on the appointed day there are outstanding applications for - 

    (a) registration;

    (b) renewal of registration;

    (c) the recording of additional qualifications;

    (d) any entry in the register to be made, altered or restored,

the Council shall dispose of the application in accordance with the provisions of the 1960 Act, as if those provisions were still in force, or in such other manner as it considers just.

     13. The entries in the register kept under the 1960 Act may be transferred to the register in accordance with articles 5 and 6 but, where the home address of a person registered under the 1960 Act appears in the register kept under that Act and the entry for that person is transferred to the register, his home address shall not be published in the register without the consent of that person.

The Registrar
     14. The first Registrar may be appointed by the Secretary of State, and shall otherwise be appointed by the Council, on such terms and conditions as the body appointing him sees fit.

     15. If the first Registrar ceases to hold office before a Registrar is appointed under article 4, the Secretary of State or the Council, as the case may be, may appoint a replacement.

Functions of the Council during the transitional period
     16.  - (1) During the transitional periods and subject to any contrary provision in this Order, the Council shall, until the relevant provisions of this Order and subordinate legislation made under it come into force, exercise the functions of the CPSM and the boards under the 1960 Act and subordinate legislation made under that Act with such modifications as necessary and as if references to the CPSM and boards were to the Council.

    (2) If the relevant provision has been repealed, it shall be treated for the purposes of sub-paragraph (1) as if it remained in force.

Fitness to practise proceedings
     17.  - (1) Until relevant rules under Part V come into force - 

    (a) where disciplinary proceedings - 

      (i) are pending before any of the committees referred to in section 8 of the 1960 Act; or

      (ii) have begun but the committee dealing with the case has not communicated its decision to the person who is the subject of the proceedings,

    that committee shall refer the proceedings to the Council and the Council shall dispose of the matter in accordance with the 1960 Act or, if the relevant provisions have been repealed, as if those provisions remained in force or in such manner as it considers just;

    (b) where an allegation is received by the Council it shall dispose of the matter as if the 1960 Act remained in force; and in both cases

    (c) references in the 1960 Act to the CPSM, the boards and their committees are to be treated as references to the Council.

     18. An appeal - 

    (a) under section 3(3) or 9 of the 1960 Act which is pending or proceeding before the CPSM or Her Majesty in Council, as the case may be, on the date on which that section is repealed; or

    (b) which is received by the Council before the relevant appeal provisions in the rules referred to in paragraph 17 are in force,

shall be dealt with as if that section remained in force.

Transfer of staff and property
     19. The Privy Council may by order make provision - 

    (a) enabling persons who, when paragraph 3(1) of this Order (creation of Council) comes into force, hold office as members or staff of the CPSM or its boards, to continue to hold office until those bodies are dissolved;

    (b) authorising the CPSM to make grants or loans to any person in connection with the implementation or preparations for the implementation of the Order.

     20.  - (1) The Privy Council may by order provide for the transfer from the old to the new employer of any - 

    (a) eligible employee;

    (b) property, rights and liabilities.

    (2) In this paragraph - 

    (a) "the new employer" means the Council;

    (b) "the old employer" means the CPSM;

    (c) "an eligible employee" means a person who is employed under a contract of employment with the old employer; and

    (d) "property" includes rights and interests of any description.

     21. An order mentioned in paragraph 20(1)(a) may be made by the Privy Council only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.

     22. Such an order may apply to all, or any description of, employees or to any individual employee.

     23.  - (1) The contract of employment of an employee transferred under an order made under paragraph 20(1)(a) - 

    (a) is not terminated by the transfer; and

    (b) has effect from the date of the transfer as if originally made between the employee and the transferee.

    (2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred under an order mentioned in that sub-paragraph - 

    (a) all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are, by virtue of this paragraph, transferred to the transferee on the date of the transfer; and

    (b) anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

    (3) Sub-paragraphs (2)(a) and (b) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.

    (4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of the transfer, but he is not to be treated for any purpose as having been dismissed by that employer.

    (5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

    (6) In this paragraph - 

    "the date of the transfer" means the date of the transfer determined under an order made under paragraph 20 in relation to the employee; and

    "the transferee" means the new employer to whom the employee is or would be transferred under that order.

     24. Certificates of competence issued by a board to a professional on a register kept under section 2 of the 1960 Act, including those issued by the chiropodists' board for the purposes of the Prescription Only Medicines (Human Use) Order 1997[5] shall continue to have effect until the date on which they are due to expire or until replaced by the Council whichever is earlier.



SCHEDULE 3
Article 2


INTERPRETATION


     1. In this Order, unless the context otherwise requires - 

    "alternate member" is a member of the Council appointed under Schedule 1, paragraph 1 or Schedule 2, paragraph 3;

    "application for restoration" has the meaning given to it in article 33;

    "approved course of education or training" means a course approved under article 15(5)(a);

    "approved qualification" has the meaning given to it in articles 13 and 15;

    "corresponding practitioner member" means the practitioner member appointed under Schedule 2 from the same part of the register as the alternate member concerned;

    "corresponding registrant member" means the registrant member appointed under Schedule 1 from the same part of the register as the alternate member concerned;

    "the Council" means the Health Professions Council established under article 3;

    "EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on the 17 March 1993;

    "EEA national" means a national of an EEA State;

    "EEA State" means a Contracting Party to the EEA Agreement;

    "exempt person" means any person who is not an EEA national but is, by virtue of a right conferred by article 11 of Regulation (EEC) 1612/68, or any other enforceable right, entitled to be treated for the purposes of access to one of the relevant professions, no less favourably than a national of such a State;

    "lay member" means, in relation to the Council or a statutory committee, any member who is not and never has been a registered member of one of the relevant professions;

    "lay person" means, in relation to Screeners, a person who is not and never has been a member of a health or social care profession which is regulated under any enactment;

    "licensing body" means a regulatory body which has the function of authorising persons to practise a health or social care profession;

    "national", in relation to an EEA State, means the same as it does for the purposes of the Community Treaties;

    "parties" except in respect of article 53, means the Council and the person concerned except in respect of article 37 when it includes the Education and Training Committee;

    "Practice Committees" means the Investigating Committee, the Conduct and Competence Committee and the Health Committee;

    "practising" means working as a member of one of the relevant professions;

    "preliminary meetings" has the meaning given to it in articles 25(5)(b) and 30(2)(b)(ii);

    "prescribed" means prescribed in rules made by the Council;

    "register" means the register established and maintained under article 5;

    "registered professional" means a member of one of the relevant professions who has been admitted to the register established and maintained under article 5;

    "registrant" means a member of one of the relevant professions who has been admitted to the register maintained under article 5;

    "registrant member" has the meaning given to it in Schedule 1, paragraph 1(a);

    "Registrar" means the person appointed under article 4;

    "relevant period" has the meaning given to it in article 13;

    "relevant professions" means arts therapists; chiropodists; clinical scientists; dietitians; medical laboratory technicians; occupational therapists; orthoptists; paramedics; physiotherapists; prosthetists and orthotists; radiographers; and speech and language therapists;

    "Screeners" means persons appointed under article 23;

    "standards of proficiency" means the standards established by the Council under article 5(2);

    "statutory committees" has the meaning given to it in article 3(9);

    "United Kingdom country" means England, Scotland, Wales and Northern Ireland.

     2. In this Order, words importing the masculine gender include the feminine.



SCHEDULE 4
Article 48


CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION


London County Council (General Powers) Act 1920 (c.lxxxix)
     1. In section 18 of the London County Council (General Powers) Act 1920 (saving for certain premises), in paragraph (E), for "by a board under the Professions Supplementary to Medicine Act 1960" there shall be substituted "under the Health Professions Order 2001".

Superannuation Act 1972 (c.11)
     2. In the Superannuation Act 1972 - 

    (a) in section 22 (pension schemes of various statutory bodies: removal of requirement to obtain Ministerial approval for certain determinations etc.), subsection (2) shall be omitted; and

    (b) in Schedule 4 (bodies to whom section 22 relates) "Council for Professions Supplementary to Medicine" and "Professions Supplementary to Medicine Act 1960, Schedule 1, paragraph 20(1)" shall be omitted.

Greater London Council (General Powers) Act 1984 (c.xxvii)
     3. In Schedule 2 to the Greater London Council (General Powers) Act 1984 (local enactments modified in Greater London in relation to the licensing of premises used for massage or special treatment), for "by a board under the Professions Supplementary to Medicine Act 1960" wherever it appears, there shall be substituted "under the Health Professions Order 2001".

The Video Recordings Act 1984 (c.39)
     4. In section 3 of the Video Recordings Act 1984 (exempted supplies), in subsection (11), for "the Professions Supplementary to Medicine Act 1960," there shall be substituted "the Health Professions Order 2001".

London Local Authorities Act 1991 (c.xiii)
     5. In section 4 of the London Local Authorities Act 1991 (special treatment premises), in paragraph (c) of the definition of "establishment for special treatment", for "by a board under the Professions Supplementary to Medicine Act 1960", there shall be substituted "under the Health Professions Order 2001".

The Value Added Tax Act 1994 (c.23)
     6. In Part II of Schedule 9 to the Value Added Tax Act 1994 (exempt supplies of goods and services), in item 1(c) in Group 7 (health and welfare), for "any register kept under the Professions Supplementary to Medicine Act 1960" there shall be substituted "the register kept under the Health Professions Order 2001".

Data Protection Act 1998 (c.29)
     7. In section 69 of the Data Protection Act 1998 (meaning of health professional), in subsection (1)(h), for "the Professions Supplementary to Medicine Act 1960" there shall be substituted "the Health Professions Order 2001".

The Health Act 1999 (c.8)
     8. In the Health Act 1999 - 

    (a) in section 60 (regulation of health care and associated professions), in subsection (2), in paragraph (c) for "the Professions Supplementary to Medicine Act 1960", there shall be substituted "the Health Professions Order 2001"; and

    (b) In Schedule 3 to the Health Act 1999, in paragraph 8 (certain functions not to be transferred from regulatory body) sub-paragraph (3) shall be omitted.

Freedom of Information Act 2000 (c.37)
     9. In Part VI of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), the entry relating to the Council for Professions Supplementary to Medicine shall be omitted and in the appropriate place there shall be substituted "The Health Professions Council".



EXPLANATORY NOTE

(This note is not part of the Order)


This Order provides for the regulation of a number of health professions (arts therapists; chiropodists; clinical scientists; dietitians; medical laboratory technicians; occupational therapists; orthoptists; paramedics; physiotherapists; prosthetists and orthotists; radiographers; and speech and language therapists) it creates a regulatory body, the Health Professions Council, which is required to set standards of education, training, conduct and performance and to put in place arrangements to ensure that they are met (article 3). It provides for the Council to keep a register of qualified members of the professions and creates four statutory committees: the Investigating Committee, Conduct and Competence Committee, Health Committee and Education and Training Committee (article 3(9)). The Order replaces the regulatory system provided for by the Professions Supplementary to Medicine Act 1960.

The Order provides for the Council to set standards and requirements to be satisfied before a person may be admitted to the register (article 5) and to deal with applications for registration, renewal of registration or readmittance in accordance with Part III and rules made under it. Article 12 indicates the qualifications on which registration may be based. Article 13 enables those who have practised a profession to a satisfactory standard for a number of years but who do not have an approved qualification to be able to satisfy requirements for registration. The register is to be published (article 8).

The Order provides in Part IV for the Council to establish standards of education and training necessary for admission to the register; to make arrangements to ensure that those standards are met; and to approve qualifications, courses and institutions which meet its standards (articles 15 to 18). The Council may also provide for post-registration training and require a person who has not practised for some time to undertake additional training (article 19). The Order provides for the Council to liaise with educational institutions (article 3 and Part IV).

Part V provides for the Council to establish and keep under review standards of conduct, performance and ethics expected of registrants and prospective registrants; to issue guidance on these matters and to make arrangements to ensure that action is taken when a registrant's fitness to practise is impaired by reason of misconduct, lack of competence or ill-health (articles 21 and 22). Part V sets out the procedure to be followed in investigating whether the fitness to practise of a registrant is impaired. Preliminary consideration may be given by Screeners and the Investigating Committee (articles 22, 23 to 24 and 26) and if it appears that there is a case to answer the matter will be considered by the Conduct and Competence Committee or the Health Committee (article 29). There is also provision to investigate whether an entry on the register has been fraudulently procured or incorrectly made and for the Investigating Committee to take action if it has (article 26(7)). Orders and decisions of the Practice Committees may be reviewed (articles 26(12) and 30). The Committees may, where they consider it to be in the public interest or in the interest of the registrant concerned, make interim orders to take effect before a final decision is given in a case or pending an appeal (article 31). Rules are to be made for the procedure to be followed by the Committees and the Council in considering cases referred to them (article 32(2), relevant parts of which are applied to the Investigating Committee and the Council by articles 26 and 37 respectively). A person who has been struck off the register may apply to be restored to it and article 33 sets out the procedure to be followed and the circumstances in which the application may be granted. The Council shall appoint legal assessors (article 34) and may appoint medical and registrant assessors (articles 35 and 36) to assist those considering, amongst others, registration and fitness to practise issues.

Part VI relates to appeals. A person may appeal to the Council from a decision of the Education and Training Committee concerning registration and article 37 sets out the procedure to be followed. Article 38 provides that appeals from decisions of the Health Committee or Conduct and Competence Committee are to the High Court (or, in Scotland, the Court of Session), and, from the Investigating Committee or Council, to the county court (or, in Scotland, the sheriff).

Part VII provides for certain actions to be offences. These are, principally, where a person falsely represents himself as being registered or having professional qualifications or uses a title to which he is not entitled.

Part VIII contains provisions on miscellaneous matters such as consultation by the Council before it makes rules (article 41); approval by the Privy Council of rules and the procedure which applies (articles 41 and 42); the powers of the Privy Council to take action if it considers that the Council has failed to perform its functions (article 43) and to hold an inquiry into any matter connected with the exercise by the Council of its functions (article 47). The Council is required to publish annual reports (article 44) and to keep proper accounts (article 46).

Schedule 1 provides for the constitution of the elected Council; provisions relating to the election scheme and the procedure of the Council and statutory committees. Article 48 and Schedule 2 relate to transitional provisions including the conduct of business before an elected Council comes into being. Schedule 3 relates to interpretation. Consequential amendments to primary legislation are set out in Schedule 4.


Notes:

[1] 1999 c.8. An earlier draft of this Order was published for consultation in accordance with paragraph 9(1) of Schedule 3 to the Health Act.back

[2] Section 62(4) applies section 126 of the National Health Service Act 1977, relevant amendments to which are made by the Health Act 1999.back

[3] S.I. 1991/824 relevant amendments to which are made by S.I. 2000/1960.back

[4] S.I. 1996/2374 as amended by S.I. 1999/67 and S.I. 2001/200.back

[5] S.I. 1997/1830.back

[6] 1960 (8 and Eliz. 2 c. 66).back



ISBN 011 039324 4


 

Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 2002
Prepared 19 February 2002