Legalize / United Kingdom / Statutory-Instrument

The Health Professions Order 2001

Type Statutory-Instrument

Publication 2002-02-12

Last updated 2025-01-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles 1

Reform history JSON API

(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—

(a) if the order (or the order which has been replaced) had not been reviewed at all under paragraph (6), within the period of six months beginning on the date on which the court ordered the extension or on which a replacement order under paragraph (7)(d) or (e) was made; and

(b) if it had been reviewed under the provision, within the period of three months beginning on that date.

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

(a) in the case of an interim suspension order, terminate the suspension;

(b) in the case of an interim conditions of practice order, revoke or vary any condition imposed by the order;

(c) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),

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—

(a) empowering each Committee to refer to the other any allegation which it considers would be better dealt with by that other Committee;

(b) empowering each Committee, before it holds any hearing to which sub-paragraph (f) applies, where it considers that it would assist it in performing its functions, to hold a preliminary meeting in private attended by the parties and their representatives and any other person it thinks appropriate;

(d) giving the person concerned an opportunity to submit written representations within a prescribed period;

(e) for the Committee, where it sees fit, to notify the person making the allegation of the representations provided under sub-paragraph (d) and to invite him to deal within a prescribed period with any points raised by the Committee in respect of those representations;

(f) giving the person concerned an opportunity to put his case at a hearing if—

(i) before the end of the prescribed period, he asks for a hearing; or

(ii) the Committee considers that a hearing is desirable;

(g) entitling the person concerned to be represented whether by a legally qualified person or otherwise at any such hearing;

(h) where an allegation is referred by the Council, Screeners or the Investigating Committee to the Health Committee or the Conduct and Competence Committee, for the Council to give notice of that referral to specified persons who shall include the Secretary of State, the Scottish Ministers, the National Assembly for Wales and the Department of Health, Social Services and Public Safety in Northern Ireland, and, where they are known, to any person referred to in article 25 paragraph (2)(a) or (b);

(i) giving any person, other than the person concerned, who, in the opinion of the relevant Committee, taking account of any criteria included in the rules, has an interest in proceedings before it, the opportunity to submit written representations;

(j) requiring a hearing before a Committee to be held in public except in so far as may be provided by the rules;

(k) requiring the Committee to notify the person concerned of its decision, its reasons for reaching that decision and of his right of appeal;

(l) requiring the person by whom the allegation was made to be notified by the Committee of its decision and of its reasons for reaching that decision;

(m) empowering the Committee to require persons other than the person concerned to attend and give evidence or to produce documents;

(n) about the admissibility of evidence;

(o) enabling the Committee to administer oaths;

(p) where the person concerned has been convicted of a criminal offence, for the conviction to be proved by the production of a certified copy of the certificate of conviction, or, in Scotland, an extract conviction, relating to the offence and for the findings of fact upon which the conviction is based to be admissible as proof of those facts.

(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 chair 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—

(a) before the end of the period of five years beginning with the date on which the order under article 29, 30 or 38 took effect; or

(b) in any period of twelve months in which an application for restoration to the register has already been made by the person who has been struck off.

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

(a) the Committee which made the striking-off order; or

(b) where any previous applications have been made in connection with the same striking-off order, the Committee which last gave a decision on such an application.

(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—

(a) shall direct the Registrar to register the applicant in the relevant part of the register on his satisfying the Registrar as mentioned in article 10(4)(aa), on his satisfying any requirements imposed under paragraph (6) and on payment of the prescribed fee; and

(b) may make a conditions of practice order with respect to him.

(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—

(a) Screeners;

(b) the statutory committees;

(d) the Council,

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—

(a) have a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); or

(b) be an advocate or solicitor in Scotland of at least 10 years' standing; or

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

(a) a member of the Council;

(b) a member of a statutory committee;

(d) employed by the Council.

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

(a) for the payment of fees and allowances, including the payment of allowances to employers of legal assessors for the purposes of enabling legal assessors to perform functions under this article;

(b) for the reimbursement of such expenses as the legal assessors may reasonably have incurred in the course of carrying out their functions under this Order.

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—

(a) Screeners;

(b) the statutory committees;

(d) the Council,

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—

(a) a member of the Council;

(b) a member of a statutory committee;

(d) employed by the Council.

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

(a) for the payment of fees and allowances, including the payment of allowances to employers of medical assessors for the purposes of enabling medical assessors to perform functions under this article;

(b) for the reimbursement of such expenses as the medical assessors may reasonably have incurred in the course of carrying out their functions under this Order.

Registrant assessors

36

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

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

(a) the Council;

(b) the committees of the Council;

(d) the Registrar,

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—

(a) a member of the Council;

(b) a member of a statutory committee;

(d) employed by the Council.

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

(a) for the payment of fees and allowances, including the payment of allowances to employers of registrant assessors for the purposes of enabling registrant assessors to perform functions under this article;

(b) for the reimbursement of such expenses as the registrant assessors may reasonably have incurred in the course of carrying out their functions under this Order.

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;

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

(ab) removes the name of a registrant from the register on the grounds that the registrant has failed to satisfy the Registrar that there is in force in relation to the registrant appropriate cover under an indemnity arrangement;

(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.

(1A) Paragraph (1)(ab) does not apply where the removal is in consequence of a refusal of an application for renewal (including an application for readmission or restoration where registration has lapsed).

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(2A) No appeal lies to the Council if the complaint of the person aggrieved is, in effect, that a provision of rules under article 7, 9, 10 or 11A is invalid.

(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 and for the membership of any panel considering such an appeal on the Council’s behalf;

(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 ...; 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 chair 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).

(5A) For the purposes of paragraph (5), “lay member” means a person who is not and never has been—

(a) a registrant or registered under the 1960 Act ...;

(b) a member of the Association of Operating Department Practitioners, the Association of Educational Psychologists or the British Psychological Society; or

(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

(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, to the sheriff in whose sheriffdom the person’s address in the register is (or if he were registered would be) situated 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—

(a) any order or decision of the Health Committee or the Conduct and Competence Committee other than an interim order made under article 31, shall lie to the appropriate court; and

(b) a decision of the Council under article 37 or of the Investigating Committee under article 26(7) or (12) or of the Registrar under article 33(7)(a) as to whether he is satisfied as mentioned in article 10(4)(aa) shall lie to a county court or, in Scotland, to the sheriff in whose sheriffdom the person’s address in the register is (or if he were registered would be) situated.

(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) No appeal lies to the Council where the Registrar—

(a) has refused to register a person under article 9A, or

(b) has revoked a person's registration under that article.

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

(3) The Court or sheriff 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 the Practice Committee concerned or the Council, as the case may be, could have made; or

(d) remit the case to the Practice Committee concerned or Council, as the case may be, to be disposed of in accordance with the directions of the court or sheriff,

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—

(a) in the case of a person whose registered address is (or, if he were registered, would be) in Scotland, the Court of Session;

(b) in the case of a person whose registered address is (or, if he were registered, would be) in Northern Ireland, the High Court of Justice in Northern Ireland; and

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

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;

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)(d); 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 , apart from rules made solely under paragraph 17 of Schedule 1, 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, apart from rules made solely under paragraph 17 of Schedule 1, 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—

(a) registrants or classes of registrant;

(b) employers of registrants;

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

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.

(2A) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power of the Privy Council to make an order under this Order is to be taken to be conferred by an Act of Parliament.

(3) A statutory instrument that contains an order made by the Privy Council, other than an order made under article 48(2) or under paragraph 19, 20 or 21 of Schedule 2, shall—

(a) where paragraph (3A) applies, be subject to annulment in pursuance of a resolution of either House of Parliament or a resolution of the Scottish Parliament; or

(b) where paragraph (3A) does not apply, be subject to annulment in pursuance of a resolution of either House of Parliament.

(3A) This paragraph applies to a statutory instrument containing—

(a) an order under article 6(3) that includes measures relating to the regulation of operating department practitioners or practitioner psychologists; or

(b) an order approving rules under article 5(2)(b), 7(2)(c) or (d), 9(2), 10, 19, 26(3), 30(9), 32, 33(4) or 37(4) that include measures relating to the regulation of operating department practitioners or practitioner psychologists.

(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—

(a) an instrument made by the Privy Council under this Order; and

(b) signed by the Clerk of the Privy Council, shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.

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—

(a) exercise any power of the Council or do any act or other thing authorised to be done by the Council; and

(b) do, of its own motion, any act or other thing which it is otherwise authorised to do under this Order at the instigation of the Council.

(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, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of its functions which includes a description of the arrangements that the Council has put in place to ensure that it adheres to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006 (equality and diversity));

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the Council has put in place under article 21(1)(b) to protect members of the public from registrants whose fitness to practise is impaired, together with the Council’s observations on the report; and

(2) The Council shall submit copies of the reports and the plan published under paragraph (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament and before the Scottish Parliament.

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—

(a) in connection with the process of the implementation of this Order, or

(b) for such other purposes in connection with the professions regulated by this Order as may be approved by the Secretary of State or the appropriate authority and agreed with the Council.

(3A) The Secretary of State may make grants or loans to the Council towards expenses incurred, or to be incurred by it, in connection with the exercise of its functions in relation to persons who are, or wish to become, approved mental health professionals in England.

(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—

(a) keep accounts in such form as the Privy Council may determine;

(b) prepare annual accounts in respect of each financial year, in such form as the Privy Council may determine.

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

(3) The Council shall ensure that the persons it appoints are eligible for appointment as statutory auditors under Part 42 of the Companies Act 2006 (statutory auditors).

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

(a) cause them to be published together with any report on them made by the auditors; and

(b) send a copy of the annual accounts and of any such report to the Privy Council, the Comptroller and Auditor General and the Auditor General for Scotland.

(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 and the Scottish 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—

(a) the period beginning with the date on which the Council is established and ending with the next 31st March following that date, and

(b) each successive period of 12 months ending with 31st March.

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—

(a) may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry; and

(b) may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make a solemn affirmation.

(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—

(a) the costs or expenses incurred by it in relation to the inquiry (including such reasonable sum as it may determine for the services of any officer engaged in the inquiry) shall be paid by such party to the inquiry as it may direct; and

(b) it may cause the amount of the costs or expenses so incurred to be certified, and any amount so certified and directed to be paid by any person shall be recoverable from that person by the Privy Council in Scotland as a debt and in England, Wales and Northern Ireland summarily as a civil debt.

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

(a) as to the costs or expenses of the parties at the inquiry; and

(b) as to the parties by whom costs or expenses are to be paid,

....

(9) For the purposes of paragraph (8), orders—

(a) as to costs in England and Wales or Northern Ireland may by leave of the High Court be enforced in the same manner as orders of the High Court to the same effect; and

(b) as to expenses in Scotland may by leave of the Court of Session be enforced in the same manner as decrees of the Court of Session to the same effect.

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.

SCHEDULE 1 — THE HEALTH PROFESSIONS COUNCIL AND COMMITTEES

PART I — THE HEALTH PROFESSIONS COUNCIL

Membership

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of members

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

(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 this Order or under this Order (otherwise than by standing orders), the Council may by standing orders make provision in respect of—

(a) its procedure;

(b) the performance of its functions;

(d) the procedure of any of its committees or sub-committees;

(e) the performance by any of its committees or sub-committees of their functions; and

(f) the standards of education, training, attendance and performance expected of the members of its committees and sub-committees.

(2) Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under article 3(7A).

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 chair 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;

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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) Subject to any provision made by this Order, the Council shall by rules make provision with regard to the constitution of the Education and Training Committee, and those rules shall include provision with regard to—

(a) its size and membership;

(b) the appointment, suspension and removal of its members;

(d) the quorum at its meetings.

(2) The rules may make provision for a body (including a committee of the Council other than the Education and Training Committee) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Education and Training Committee, including any function relating to tenure of office or suspension or removal from office.

(2A) The Council shall have regard, where appropriate, when appointing non-Council members to the Education and Training Committee, to the guidance issued by the Commissioner for Public Appointments.

(2B) Subject to any provision made by or under this Order, including provision made by standing orders of the Council made under paragraph 13(d), the Education and Training Committee may regulate its own procedure.

(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

(1) Subject to any provision made by this Order, the Council shall by rules make provision with regard to the constitution of each Practice Committee, and those rules shall include provision with regard to—

(a) its size and membership;

(b) the appointment, suspension and removal of its members;

(d) the quorum at its meetings.

(2) Where the rules provide for one or more panels of members of a Practice Committee to perform functions of the Committee, the provision required by sub-paragraph (1)(d) includes provision with regard to the quorum at meetings of those panels.

(3) The rules may make provision for a body (including a committee of the Council which is not one of the Practice Committees) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of a Practice Committee, including any function relating to tenure of office or suspension or removal from office.

(4) Subject to any provision made by or under this Order, including provision made by standing orders of the Council made under paragraph 13(d), each Practice Committee may regulate its own procedure.

19

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 chair 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(10A) In exercising a function under article 27, 29, 30 or 33, the Conduct and Competence Committee (or any panel by which the function is exercisable as mentioned in paragraph 18(2) of this Schedule) must have regard to the over-arching objective.

(10B) In exercising a function under any of articles 28 to 30 and 33, the Health Committee (or any panel by which the function is exercisable as mentioned in paragraph 18(2) of this Schedule) must have regard to the over-arching objective.

(10C) References in sub-paragraphs (10A) and (10B) to the over-arching objective are to the over-arching objective of the Council under article 3(4) (read with article 3(4A)).

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 — TRANSITIONAL PROVISIONS

The initial membership of the Council

1

When first constituted, and thereafter, after article 3 of the ODP Order comes into force and until the end of the second transitional period, 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 after article 3 of the ODP Order comes into force consist of—

(a) 13 members appointed by the Privy Council (referred to in this Order as “practitioner members”);

(b) 12 members who are appointed by the Privy Council (referred to in this Order as “lay members”); and

(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.

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

(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 or the AODP register 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

(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 or the Association of Operating Department Practitioners;

(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 1997³ 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 — INTERPRETATION

1

In this Order, unless the context otherwise requires—

“the 1960 Act” means the Professions Supplementary to Medicine Act 1960⁴;

“the 2009 Order” means the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009;

“adaptation period” means— in relation to registration under article 9 in reliance on a specified state qualification awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered professional of the corresponding relevant profession who is registered in the register by virtue of article 9;in relation to registration under article 9 in reliance on a specified state qualification awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered professional of the corresponding relevant profession who is registered in the register by virtue of article 9;

“AEP register” means the aggregate of the entries in the membership list maintained by the Association of Educational Psychologists (which held its inaugural meeting at the London School of Economics on 14th April 1962 and was founded on that date) that relate to full members of the Association;

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

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

“appropriate cover” is to be construed in accordance with article 11A(3);

“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;

“aptitude test” means an assessment with the aim of determining whether a specified state professional has the standard of proficiency that the Council considers requisite for admission to the part of the register in respect of which the professional is applying;

“BPS register” means the aggregate of the entries in the register maintained by the British Psychological Society (which was incorporated by Royal Charter on 26th February 1965) that relate to holders of practising certificates who are full members of one or more of the divisions of the Society in respect of the following branches of psychology: clinical psychology; counselling psychology; educational psychology; forensic psychology; health psychology; occupational psychology; and sport and exercise psychology;

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

“the Council” means the Health and Care Professions Council (formerly known as the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012);

“enactment” has the same meaning as in Schedule 3 to the Health Act 1999;

“health care” includes—all forms of health care for individuals, whether relating to physical or mental health, andprocedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;

“indemnity arrangement” is to be construed in accordance with article 11A(2);

“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;

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

“parties” except in respect of article 47, 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;

“practitioner psychologists” means clinical psychologists, counselling psychologists, educational psychologists, forensic psychologists, health psychologists, occupational psychologists and sport and exercise psychologists, and this group of professions is to be treated as a single profession for the purposes of this Order;

“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;

“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 and podiatrists; clinical scientists; dietitians; hearing aid dispensers; biomedical scientists; occupational therapists; operating department practitioners; orthoptists; paramedics; physiotherapists; practitioner psychologists; prosthetists and orthotists; radiographers; ... and speech and language therapists;

“Screeners” means persons appointed under article 23;

“specified state professional” means a person who holds a specified state qualification;

“specified state qualification” means a qualification in one of the relevant professions awarded in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

“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 — 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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.