The Health Professions Order 2001

• (b) in the case of restoration to the register, the Registrar may refuse to register the applicant in the register in accordance with article 33(7).

• (10) If a registrant breaches rules under paragraph (4)(b) or (c), that 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).

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

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approved qualifications

Transitional provisions relating to admission to the register

Visiting health or social work professionals from relevant European States

Requirement for social workers in England to be registered

Review

49

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

Visiting health professionals from relevant European States

Temporary registration in emergencies involving loss of human life or human illness etc

9A

• (1) The Registrar may register a person as a member of a relevant profession, or the persons comprising a specified group of persons as members of a relevant profession, if—

• (a) the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and

• (b) the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.

• (2) For the purposes of paragraph (1)(b) the emergency registration requirement is met—

• (a) in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a member of the profession in question with regard to the emergency;

• (b) in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as members of the profession in question with regard to the emergency.

• (3) The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.

• (4) The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.

• (5) The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.

• (6) Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.

• (7) A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—

• (a) must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;

• (b) may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.

• (8) A person's registration as a member of a specified group may be revoked—

• (a) without the registration of the other members of the group being revoked, or

• (b) as a result of a decision to revoke the registration of all the members of the group.

• (9) Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.

• (10) The following provisions of this Order do not apply to persons registered under this article—

• articles 9, 10, 11 and 12 (provisions relating to registration);

• articles 15 to 19 (provisions relating to education and training);

• Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (5).

• (11) If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered as a member of the relevant profession in question.

• (12) In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

Renewal of registration and readmission

Lapse of registration

Indemnity arrangements

Approved qualifications

Transitional provisions relating to admission to the register

Visiting health professionals from relevant European States

Requirement for social workers in England to be registered

The register: specified state professionals - supplemental provisions

7A

• (1) Where a specified state professional makes an application for registration—

• (a) for the purposes of article 7(2)(c)(i) any fee charged must be—

• (i) reasonable and proportionate to the cost of the applicant’s application;

• (ii) transparent and made public in advance; and

• (iii) payable by electronic means through the Council’s website;

• (b) the documentary and other evidence required pursuant to rules made under article 7(2)(d) must be no more than is necessary to demonstrate to the Council that the applicant satisfies the conditions in article 9(2); and

• (c) for the purposes of article 7(2)(d) the Council must accept certified copies of documents in place of original documents, unless it requires original documents to protect the integrity of the application process.

• (2) For the purposes of paragraph (1)(c), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.

Access to register etc.

Registration

Temporary registration in emergencies involving loss of human life or human illness etc

Renewal of registration and readmission

Lapse of registration

Indemnity arrangements

Approved qualifications

Article 12: further provision relating to specified state professionals

12A

• (1) This article applies where a person—

• (a) holds a specified state qualification which the Council has determined does not meet the standard in article 12(1)(c)(i) because Condition 1 or 2 in article 12 is met; and

• (b) wishes to be registered under article 9.

• (2) Where this article applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

• (3) An aptitude test or adaptation period specified under this article, or an aptitude test and adaptation period together specified under this article, must be proportionate to the difference sought to be addressed.

• (4) The Council must give a person its reasons for specifying in relation to the person an aptitude test or adaptation period, or both, if the person makes a written request for them.

• (5) Where the Council specifies an aptitude test under this article, the Council must ensure that such aptitude tests are scheduled with reasonable frequency and at least once a year.

Transitional provisions relating to admission to the register

Visiting health professionals from relevant European States

Requirement for social workers in England to be registered

Information for specified state professionals

21A

• (1) The Council must make information about the following matters available to specified state professionals—

• (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;

• (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;

• (c) the processes and procedures for the ongoing verification of competence;

• (d) the criteria for, and procedures relating to, removal from the register;

• (e) the documentation required of specified state professionals and the form in which it should be presented; and

• (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registrants that are acceptable to the Council.

• (2) The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registrants.

Allegations

Screeners

Screeners: supplementary provisions

Council’s power to require disclosure of information

The Investigating Committee

The Conduct and Competence Committee

The Health Committee

Orders of the Health Committee and the Conduct and Competence Committee

Review of orders by the Health Committee and the Conduct and Competence Committee

Interim Orders by a Practice Committee

Investigation of allegations: procedural rules

Restoration to the register of persons who have been struck off

Legal assessors

Medical assessors

Registrant assessors