The Health Professions Order 2001

Made: 12th February 2002

Coming into force

At the Court at Buckingham Palace, the 12th day of February 2002Present,The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4)[^f00002] 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

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• (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

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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

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• (1) The Health and Care Professions Council is 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 (and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals)).

• (4) The over-arching objective of the Council in exercising its functions is the protection of the public.

• (4A) The pursuit by the Council of its over-arching objective involves the pursuit of the following objectives—

• (a) to protect, promote and maintain the health, safety and well-being of the public;

• (b) to promote and maintain public confidence in the professions regulated under this Order; and

• (c) to promote and maintain proper professional standards and conduct for members of those professions.

• (5) In exercising its functions, the Council shall—

• (a) have proper regard for—

• (i) the interests of persons using or needing the services of registrants in the United Kingdom, and

• (ii) any differing interests of different categories of registrants;

• (b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

• (i) the employment (whether or not under a contract of service) of registrants,

• (ii) the education or training of registrants or other health care professionals,

• (iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

• (iv) the regulation of health services, and

• (v) the provision, supervision or management of health or education services ,

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5ZA) In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish to become, approved mental health professionals in England, references to registrants are to be read as including a reference to such approved mental health professionals in England as are not registrants.

• (5A) In carrying out its duty to co-operate under paragraph (5)(b), the Council shall have regard to any differing considerations relating to practising as a registrant which apply in England, Scotland, Wales or Northern Ireland.

• (5AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) In paragraph (5), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (which relates to the Council for Healthcare Regulatory Excellence), other than the Council.

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7A) The Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1.

• (8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council and orders of the Privy Council under paragraph (7A).

• (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 and the Scottish Ministers 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.

• (17A) The Council may—

• (a) make recommendations to the Secretary of State concerning social care workers in England who in its opinion should be regulated pursuant to section 60(1)(bc) 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 social care workers in England 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

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• (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

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• (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 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

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• (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—

• (a) the register to include entries indicating the possession of qualifications (whether or not they are approved qualifications) or competence in a particular field or at a particular level of practice, or for the use of a particular category of entry to be discontinued;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) persons to be registered in one or more parts of the register by virtue of having been included in the register maintained under the 1960 Act;

• (c) the recording of additional entries by virtue of their having been in the register maintained under the 1960 Act;

• (d) a specified part of the register to be closed, as from a date specified in the order, so that on or after that date no further person may become registered in that part;

• (e) a specified part of the register to be sub-divided into two or more parts, or for two or more parts to be combined into one;

• (f) persons to be registered in one or more parts of the register by virtue of having been registered in a part or parts of the register which have been closed, sub-divided or combined;

• (g) the recording in Welsh of titles, qualifications and other entries referred to in this paragraph in respect of those members of the professions regulated by this Order whose registered address is in Wales.

• (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

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• (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) Subject to article 7A, the rules shall, in particular, make provision as to—

• (a) the form and keeping of the register;

• (b) the procedure for the making, alteration and deletion of entries in the register;

• (c) the form and manner in which applications are to be made and the fee to be charged—

• (i) for registration, renewal of registration and readmission to the register,

• (ii) for the making of any additional entry in the register, and

• (iii) for registration to lapse;

• (d) the documentary and other evidence which is to accompany applications of the kind mentioned in sub-paragraph (c).

• (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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access to register etc.

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• (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—

• (a) is registered in a specified category;

• (b) is not registered;

• (c) was registered in a specified category at a specified date or during a specified period;

• (d) was not registered in a specified category, or in any category, at a specified date or during a specified period; or

• (e) has never been registered,

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration

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• (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), he shall be entitled to be registered in that part provided that the conditions mentioned in paragraph (2) are satisfied.

• (2) Subject to paragraphs (3) and (3A), the conditions are that the application is made in the prescribed form and manner and that ...—

• (a) the applicant satisfies the Education and Training Committee that they—

• (i) hold an approved qualification awarded—

• (aa) within such period, not exceeding five years ending with the date of the application, as may be prescribed, or

• (bb) before the prescribed period mentioned in head (aa), and they have met such requirements as to additional education, training and experience as the Council may specify under article 19(3) and which apply to them; or

• (ii) have passed an aptitude test or successfully completed an adaptation period pursuant to article 12A;

• (b) the applicant satisfies the Education and Training Committee in accordance with the Council’s requirements mentioned in article 5(2) that he is capable of safe and effective practice under the part of the register concerned;

• (ba) the Registrar informs the Education and Training Committee that the applicant has satisfied him that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 11A, appropriate cover under an indemnity arrangement; and

• (c) the applicant has paid the prescribed fee.

• (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.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where a person who—

• (a) is not registered on the date of coming into force of an order made under article 6(1) which relates to his profession; but

• (b) has been on a register under the 1960 Act in the 5 years immediately preceding the date mentioned in sub-paragraph (a),

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.

• (4A) Where a specified state professional makes an application for registration under paragraph (1), the Education and Training Committee must—

• (a) within the period of one month beginning with the date of receipt of the application—

• (i) acknowledge receipt of the application; and

• (ii) inform the applicant of any missing document required for the purposes of the application;

• (b) give the applicant adequate time to complete the requirements and procedures of the application process; and

• (c) deal promptly with the applicant’s 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 —

• (a) where the person holds a specified state qualification, within the period of four months beginning with the day on which the application is received;

• (b) in any other case, within the period of three months beginning with that day.