The Health Professions Order 2001

Privy Council functions

16A.

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Provisions on ODPs - register

25

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

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

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

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

26

Where a person is registered in Part 13 of the register pursuant to paragraph 25, his home address shall not be published in the register without his consent.

Provisions on ODPs - fitness to practise

27

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

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

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

Visiting health professionals from relevant European States

13A

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Membership: general

1A

• (1) The Council shall consist of—

• (a) registrant members, that is members who are registrants; and

• (b) lay members, that is members who—

• (i) are not and never have been registrants or registered under the 1960 Act or in the AODP register, the AEP register , the BPS register or the HAC register;

• (ia) ... and

• (ii) do not hold qualifications which would entitle them to apply for registration under this Order.

• (1A) In sub-paragraph (1), “the HAC Register” means the register of dispensers of hearing aids maintained by the Hearing Aid Council under section 2(1)(a) of the Hearing Aid Council Act 1968.

• (2) The members of the Council shall be appointed by the Privy Council.

• (3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

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

Matters for the order of the Privy Council under article 3(7A)

1B

• (1) An order under article 3(7A) shall include provision with regard to—

• (a) the numbers of registrant members and lay members of the Council;

• (b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

• (c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

• (d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

• (e) deputising arrangements in respect of the chair;

• (f) the quorum of the Council; and

• (g) the circumstances in which members cease to hold office or may be removed or suspended from office.

• (2) But an order under article 3(7A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

• (3) An order under article 3(7A) may include provision with regard to—

• (a) the maximum period for which a member of the Council may hold office as a member during a specified period;

• (b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

• (c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

• (i) that education and training to be the responsibility of another body, and

• (ii) those requirements to be set and varied by that body from time to time;

• (d) the attendance of members of the Council at meetings of the Council; and

• (e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member.

• (4) An order under article 3(7A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

Procedure etc. of Council and committees

Powers of the Council

Privy Council functions

Annual reports, statistical reports and strategic plans

Offence: hearing aid dispensers

39A

• (1) Subject to paragraph (2), a person who is not a registered hearing aid dispenser must not perform the functions of a dispenser of hearing aids.

• (2) Paragraph (1) does not apply where the person performing those functions is—

• (a) registered in the Specialist Register as having a specialty in otolaryngology, oto rhino laryngology or ENT surgery; or

• (b) performing them as part of a course of education or training approved by the Council under article 15(5)(a) for persons wishing to become registered hearing aid dispensers or as part of an examination so approved.

• (3) Any person who contravenes paragraph (1) is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

• (4) In this article—

• “registered hearing aid dispenser” means a person who is registered in the register as a hearing aid dispenser;

• “the Specialist Register” means the register of that name kept by the General Medical Council.

1A

• (1) For the purposes of this Order, a person (“P”) performs the functions of a dispenser of hearing aids if P—

• (a) assesses or tests an individual’s hearing; or

• (b) prescribes a hearing aid for an individual,

with a view to the sale, whether by P or another, of a hearing aid to, or for the use of, that individual and “hearing aid dispenser” shall be construed accordingly.

• (2) In sub-paragraph (1)—

• “hearing aid” means an electronic device, designed to be placed outside or within the ear, which processes and amplifies sounds using electro-acoustic or electro-magnetic systems in order to compensate for hearing loss;

• “sale” means supply by way of retail sale or by way of hire but does not include a sale to a person acquiring for the purposes of trade.

Arrangements with other persons who maintain registers of health or social care workers

44A

• (1) The Council may make arrangements with any relevant person for the Council to provide administrative, technical or advisory services to that person.

• (2) A relevant person is a person or group of persons (whether inside or outside the United Kingdom) who maintain—

• (a) a register of members of a profession engaged in the provision of health care,

• (b) a register of persons engaged in, but who are not members of a profession engaged in, the provision of health care,

• (c) a register of members of the social work profession, or

• (d) a register of persons engaged in social care work.

Finances of the Council

Accounts of the Council

Inquiry by the Privy Council

Supplementary and transitional provisions and extent

The Health and Care Professions Council and its Committees

Visiting health or social work professionals from relevant European States

Requirement for social workers in England to be registered

13B

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Exercise of function of approving courses for approved mental health professionals

15A

• (1) The function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals in England) is exercisable by the Education and Training Committee.

• (2) In relation to AMHP courses run outside the United Kingdom, section 114ZA(1) of that Act applies only in relation to courses run by institutions which are approved in accordance with article 15B(3).

• (3) In this article and articles 15B to 18, “AMHP course” means a course of the kind referred to in section 114ZA(1) of the Mental Health Act 1983.

Criteria for approving courses for approved mental health professionals

15B

• (1) The Council must set the criteria to be applied in exercising the function under section 114ZA(1) of the Mental Health Act 1983.

• (2) The Education and Training Committee must—

• (a) ensure that universities and other bodies in the United Kingdom concerned with the provision of AMHP courses are notified of the criteria set under paragraph (1); and

• (b) take appropriate steps to satisfy itself that the AMHP courses provided by such bodies meet those criteria.

• (3) In performing the function under paragraph (2)(b), the Committee may, in particular, approve or arrange with others to approve institutions which the Committee considers to be properly organised and equipped for conducting AMHP courses.

• (4) The Council must from time to time publish a statement of the criteria set under paragraph (1).

• (5) An AMHP course is to be treated for the purposes of articles 16 to 18 as a relevant course of education or training.

Visitors

Information to be given by institutions

Refusal or withdrawal of approval of courses, qualifications and institutions

Post-registration training

Wales

Indemnity arrangements

11A

• (1) Each practising registrant must have in force in relation to that registrant an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question.

• (2) For the purposes of this article, an “indemnity arrangement” may comprise—

• (a) a policy of insurance;

• (b) an arrangement made for the purposes of indemnifying a person;

• (c) a combination of the two.

• (3) For the purposes of this article, “appropriate cover”, in relation to practice as a registered member of a relevant professions, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.

• (4) The Council may make rules in connection with the information to be provided to the Registrar—

• (a) by or in respect of a person applying for registration (including an application for restoration or readmission) for the purpose of determining whether or not the Registrar is satisfied that if the person is registered, there will be in force in relation to that person by the time that person begins to practise, an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question;

• (b) by or in respect of a person applying for renewal of their registration for the purpose of determining whether or not the Registrar is satisfied that if the person's registration is renewed, there will be in force in relation to that person, by the time that person resumes practice an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question; and

• (c) by or in respect of a registrant for the purposes of determining whether, at any time, there is in force in relation to the registrant an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question.

• (5) Rules made under paragraph (4) may require the information to be provided—

• (a) at the request of the Registrar; or

• (b) on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.

• (6) The Council may also make rules requiring a registrant to inform the Registrar if there ceases to be in force in relation to the registrant an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question.

• (7) The Council may also make rules requiring a registrant to inform the Registrar if there is in force in relation to the registrant appropriate cover for practising as a member of the relevant profession in question provided under an indemnity arrangement by an employer.

• (8) If a registrant is in breach of paragraph (1)—

• (a) the Education and Training Committee may remove that person from the register; or

• (b) the person's fitness to practise may be treated for the purposes of article 22(1)(a)(i) as being impaired by reason of misconduct, and the Council may accordingly refer the matter to, persons appointed by it under article 22(5)(b)(i) (where rules under article 23 provide) or to a Practice Committee under article 22(5)(b)(ii).

• (9) If an applicant breaches rules under paragraph (4)(a), or there is a breach in respect of the applicant of rules under paragraph (4)(a)—

• (a) the Education and Training Committee may refuse the applicant's application for admission (or readmission) to the register; or