The Health Professions Council (Registration and Fees) Rules Order of Council 2003

Made: 13th June 2003

Laid before Parliament: 17th June 2003

Coming into force: 9th July 2003

At the Council Chamber, Whitehall, the 13th day of June 2003

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas in exercise of the powers conferred on it by articles 5(2)(b), 7, 9(2), 10, 11, 12(1)(c)(iii), 33 and 41(2) of the Health Professions Order 2001 , and of all other powers enabling it in that behalf, the Health Professions Council has made the Health Professions Council (Registration and Fees) Rules 2003 as set out in the Schedule to this Order:

And whereas by articles 41(1) and 42 of the Health Professions Order 2001 such Rules shall not come into force until approved by order of the Privy Council:

Now, therefore, Their Lordships, having taken the Rules into consideration, are pleased to, and do hereby, approve them.

This Order may be cited as the Health Professions Council (Registration and Fees) Rules Order of Council 2003 and shall come into force on 9th July 2003.

SCHEDULE — The Health and Care Professions Council (Registration and Fees) Rules 2003

The Health Professions Council, in exercise of its powers under articles 5(2)(b), 7, 9(2), 10, 11, 12(1)(c)(iii), 33 and 41(2) of the Health Professions Order 2001[^f00002] and of all other powers enabling it in that behalf and following consultation in accordance with articles 5(2)(a), 7(1), 7(3) and 41(3) of that Order, hereby makes the following Rules:

Citation and commencement

1

These Rules may be cited as the Health and Care Professions Council (Registration and Fees) Rules 2003 and shall come into force on 9th July 2003.

Interpretation

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In these Rules—

• ...

• “Committee” means the Education and Training Committee of the Council;

• ...in connection with the practice of the profession to which the applicant's application relates; and

• “doctor” means a registered medical practitioner;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Order” means Health Professions Order 2001;

• “relative”, in relation to any person, means—his spouse or civil partner;any lineal ancestor, lineal descendant, brother, sister, aunt, uncle, nephew, niece, or first cousin, of his or of his spouse or civil partner; orthe spouse or civil partner of any relative mentioned in paragraph (b),and for the purposes of deducing any such relationship “spouse or civil partner” includes a former spouse or civil partner, a partner to whom the person is not married, and a partner of the same sex.

The Register

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• (1) There shall be entered in the register against the full name of each registrant—

• (a) his registration number;

• (b) his last known home address; and

• (c) any qualification of the registrant which has led to his registration.

• (2) The home address of a registrant shall not be included in any published version of the register without his consent.

• (3) The entries for registrants in each part of the register shall appear in the alphabetical order of their surnames.

• (4) The Registrar may enter on the register any other information which is material to a registrant’s registration.

• (5) The Registrar shall keep the register in a form and manner which guards against falsification and shall take all reasonable steps to ensure that only he and such persons as have been authorised by him in writing for the purpose shall be able to amend the register or have access to the version of the register which contains entries which are not included in the published version of the register.

Applications for registration

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• (1) An application for admission to a part of the register shall be—

• (a) made in writing on the form provided by the Council containing the declarations and information listed in Schedule 1;

• (b) signed by the applicant;

• (c) accompanied by—

• (i) the registration fee prescribed in rule 14, and

• (ii) the scrutiny fee prescribed in rule 17; and

• (d) sent, or given, to the Registrar.

• (2) But the Registrar may accept an application for registration which does not comply with sub-paragraphs (a) or (b) of paragraph (1) if the applicant has—

• (a) by electronic means, provided the Registrar with—

• (i) the information and any declaration which he would be required to provide if the application was submitted in writing on the appropriate form,

• (ii) an attestation as to the accuracy of those matters; and

• (b) complied with all of the other requirements of this rule which apply to him.

• (3) An appropriate form for the purposes of paragraph (2) is a form provided by the Council and which contains the information listed in Schedule 1 and any declaration required by that Schedule.

• (4) The applicant shall provide in connection with the application for registration—

• (a) one of the following—

• (i) the document which confers an approved qualification on the applicant or other evidence demonstrating that the applicant holds an approved qualification,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

• (iii) where his application is made under article 13 of the Order such documents, information or evidence as the Committee may reasonably require for the purposes of determining whether by virtue of that article the applicant is to be treated as satisfying the requirements of article 9(2)(a) of the Order, including evidence that he holds the qualification on which he relies in making his application and information as to whether he has been a member of a professional body or has had professional indemnity insurance;

• (b) evidence that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 11A of the Order, appropriate cover under an indemnity arrangement; and

• (c) such other documents, information or evidence as the Committee may reasonably require for the purposes of verifying the information in and determining the application.

Other conditions of registration

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• (1) For the purpose of satisfying itself as to the good character of the applicant, the Committee shall have regard to—

• (a) the character declaration provided by the applicant pursuant to rule 4(1)(a) or (2)(a);

• (b) any conviction or caution which the applicant has received in the United Kingdom for a criminal offence or a conviction received elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

• (c) any determination by a body responsible for regulating or licensing a health or social care profession to the effect that the applicant’s fitness to practise is impaired; and

• (d) any other matters which, in the opinion of the Committee, appear to be relevant to the issue,

and for this purpose the Committee may seek information additional to that provided with the application for registration from any person or source as it considers appropriate.

• (2) For the purpose of being satisfied as to the physical and mental health of the applicant, the Committee shall have regard to—

• (a) the health declaration provided by the applicant pursuant to rule 4(1)(a) or (2)(a); and

• (b) such other matters as appear to it to be relevant,

and for this purpose the Committee may seek information additional to that provided with the application for registration from the applicant and from any other person or source as it considers appropriate and may require the applicant to be examined or further examined by a doctor nominated by the Committee.

Prescribed periods for additional education and training requirements

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• (1) The prescribed period for the purposes of article 9(2)(a)(i) of the Order is five years (period within which a qualification must have been awarded).

• (2) The prescribed period for the purposes of article 10(2)(c) of the Order is two years (period for which a person must have practised since his first registration or latest renewal of registration).

• (3) A person to whom article 9(2)(a)(ii) or 10(2)(c) of the Order applies shall not be admitted or re-admitted to the register or have his registration renewed unless he has—

• (a) undertaken such education or training; or

• (b) gained such experience,

as the Council may specify in standards under article 19(4)(b) of the Order and which apply to him.

Knowledge of the English language

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The Committee may require an applicant ... to produce evidence that he has sufficient knowledge of spoken and written English to enable him to practise as a registered professional in the United Kingdom safely and competently.

Certificates

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• (1) The Registrar may, upon entering the name of a person in the register, issue to that registrant a certificate, in a form determined by the Council, which includes the part of the register in which he is registered, any designated title he may use and the date of registration.

• (2) Any certificate issued in accordance with paragraph (1) shall remain the property of the Council and shall be surrendered to the Registrar by the person if—

• (a) a striking off order is made against him;

• (b) his name is removed from the register; or

• (c) for any other reason, the certificate no longer accurately reflects his entry in the register.

• (3) Where any certificate is surrendered by a registrant in accordance with paragraph (2)(c) the Registrar shall issue a replacement certificate to that registrant which accurately reflects his entry in the register.

Amendments to register

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• (1) A registrant shall notify the Registrar in writing within one month of any change in the registrant’s name or home address as given in the register.

• (2) The Registrar shall amend the register, so far as may be necessary—

• (a) in consequence of any notification under paragraph (1);

• (b) to give effect to any order made by a Practice Committee under Part V of the Order;

• (c) to give effect to any decision on appeal under article 37 or 38 of the Order; and

• (d) to reflect any other information which comes to the attention of the Registrar and which in the Registrar’s opinion requires such an amendment to be made in order to maintain the register’s accuracy.

• (3) Before making any amendment under paragraph (2)(a) or (d) the Registrar may make such further enquiries or require such further evidence from the registrant concerned as appears to the Registrar to be appropriate.

Registration period

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• (1) A person’s registration period is to be determined in accordance with this rule.

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

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A person’s first registration period shall begin on the day on which he is first registered in respect of the profession concerned and shall end on the next occurrence of the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered.

• (4) In respect of any registrant, subject to paragraph (5), a registration period subsequent to the first registration period ... shall begin on the day after the previous registration period ends and shall end on the next occurrence of the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered.

• (5) If a person’s name is removed from the register and he is thereafter readmitted or restored to the register, his registration period shall begin on the day on which he is readmitted or restored and shall end on the next occurrence of the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered.

Renewal of registration

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• (1) Not less than 42 days before his registration ends, the Committee shall send to a registrant a notice (a registration renewal notice)—

• (a) inviting the registrant to submit an application for the renewal of his registration;

• (b) specifying the renewal fee prescribed in rule 15, and

• (c) warning the registrant that he is liable to be removed from the register unless his completed application and the renewal fee is received by the Committee on, or before, the date specified in that notice.

• (2) An application referred to in paragraph (1)(a) may either be—

• (a) a written one, in the form determined by the Council and containing the declaration and information listed in Schedule 2; or

• (b) an electronic one, in the manner and form required by the Registrar which includes the declaration and information which would be required if the application were a written one.

• (3) If both the registrant’s application for the renewal of his registration and the renewal fee are not received by the Committee by the date specified in the registration renewal notice, the Committee shall send a notice to the registrant warning him that unless both his application and the renewal fee are received within the relevant period, his name may be removed from the register.

• (4) The “relevant period” is a period of 14 days beginning with the day on which a warning notice is sent to the registrant.

• (5) Where both the registrant’s application for the renewal of his registration and the renewal fee are not received within the relevant period, the Committee may direct the Registrar to remove the registrant from the register from the later of—

• (a) the day on which that period expires, and

• (b) the day on which the registrant’s registration would otherwise expire.

• (6) Any notice given by the Committee to a registrant under this rule may—

• (a) be sent by post to the home address of the registrant as it appears in the register and shall be treated as sent at the time of its posting; or

• (b) where the registrant has given a written statement to the Registrar consenting to receive any such notice in an electronic form, it may be sent to the electronic address specified in that statement or in any superseding statement.

Application for removal from the register

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• (1) Without prejudice to any other power of the Registrar to remove a registrant’s name from the register, the Registrar may remove the name of a registrant from the register upon written application made by or on behalf of that registrant.

• (2) An application for the removal of a name from the register shall be made in writing and shall be accompanied by a declaration that the registrant concerned is not aware of any matter which could give rise to an allegation against him under article 22 of the Order.

• (3) The Registrar may not remove the name of a registrant from the register under this rule if the registrant is subject to any allegation, investigation, proceedings or order of a kind mentioned in rule 13(5).

Lapse of registration

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• (1) Where in accordance with article 10(3) of the Order, the Committee renews a registrant’s registration subject to a condition that he satisfies a specified requirement of article 10(2)(b) or (c) of the Order within a specified time, the Committee shall inform the registrant at the time it renews his registration that he must, before the expiry of the specified time, confirm in writing that he has complied with the condition and provide evidence which satisfies the Committee that he has done so.

• (2) If, by the expiry of the specified time, the Committee—

• (a) does not receive the written confirmation and evidence; or

• (b) is not satisfied that the registrant has complied with the condition,

it shall send a notice to the registrant stating that, unless before the end of the period of 14 days beginning with the day on which the Committee sent the notice he provides the confirmation and evidence that he has complied with the condition his name will be removed from the register.

• (3) If the written confirmation and evidence are not received or the Committee is not satisfied that the registrant has complied with the specified condition within the specified time, the Committee shall instruct the Registrar to remove the registrant’s name from the register.

• (4) Where the Committee instructs the Registrar to remove a registrant’s name from the register in accordance with paragraph (3) the Committee shall send him a notice informing him of that fact and advising him of his right of appeal under article 37 of the Order.

• (5) A person’s registration shall not lapse and his name shall not be removed from the register under article 10(3) or 11 of the Order if that person—

• (a) is the subject of an allegation under article 22(1) of the Order (or is treated as if he were the subject of an allegation under article 22(6) of the Order) or is the subject of any investigation or proceedings under Part V or VI of the Order, on the grounds only that he has not paid the prescribed fee or has failed to apply for renewal in the prescribed form or within the prescribed time; or

• (b) is the subject of a suspension order, conditions of practice order, interim suspension order or interim conditions of practice order.

Registration fee

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The fee to be charged for registration following an application for registration is—