The Health and Social Care Act 2008 (Commencement No. 3) Order 2008

Made: 16th October 2008

The Secretary of State has consulted the Scottish Ministers in accordance with section 172(1)(b) of that Act.

Citation

1

This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 3) Order 2008.

Appointed day for provisions relating to standard of proof in fitness to practise proceedings

2

• (1) 3rd November 2008 is the appointed day for the coming into force of section 112 of the Health and Social Care Act 2008 (standard of proof in fitness to practise proceedings), but only for the purposes of new proceedings.

• (2) For the purposes of paragraph (1), “new proceedings” are all proceedings to which section 60A(1) of the Health Act 1999² applies, except –

• (a) proceedings under the General Optical Council (Fitness to Practise) Rules 2005³ where the Presenting Officer addressed the Fitness to Practise Committee in relation to each allegation in accordance with rule 45 before 3rd November 2008;

• (b) proceedings under the General Medical Council (Fitness to Practise) Rules 2004⁴ –

• (i) before a Fitness to Practise Panel where the allegation and the alleged facts were read out by the person acting as secretary in accordance with rule 17(2)(c) before 31st May 2008, or

• (ii) before the Investigation Committee where the Presenting Officer began to outline the allegation and the facts in accordance with rule 11(7) before 31st May 2008;

• (c) proceedings under the Nursing and Midwifery Council (Fitness to Practise) Rules 2004⁵ where the Chair of the Committee asked for the charge to be read out in accordance with rule 24(2)(b) before 3rd November 2008;

• (d) proceedings under the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1993⁶ where the charge was read in accordance with rule 15(2) before 3rd November 2008;

• (e) proceedings under the General Dental Council Professional Conduct Committee (Procedure) Rules 1984⁷; and

• (f) proceedings under the General Dental Council Health Committee (Procedure) Rules 1984⁸.

Signed

Signed by authority of the Secretary of State for Health.

Ben Bradshaw — Minister of State, — Department of Health — 16th October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the third commencement order made under the Health and Social Care Act 2008 and brings into force section 112 of that Act, which applies the civil standard of proof in fitness to practise proceedings of statutory regulators of health care professions. Section 112 is brought into force on 3rd November 2008 for the purposes of new proceedings; “new proceedings” are defined in article 2(2).

Footnotes