LegalizeThe Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009
Other changes relating to the regulation of the professions regulated by the Health Professions Council Schedule 2 contains further amendments to 2001 Order. The HPC is to be re-constituted as provided for by Order of the Privy Council. Instead of a mix of elected members who are registrants and appointed lay members, all its members will be appointed, and the former system of alternate members for the registrant members is discontinued. There is a transitional provision which allows the existing elected membership of the HPC to remain in place, without the need for further elections, pending the introduction of the new Council. The elections which would otherwise have been held in 2009 are cancelled, and there are transitional arrangements allowing for the reappointment of the President of the old Council as the chair of the new Council. If the Privy Council, which is the body responsible for appointing the membership of the HPC, directs the Appointments Commission to carry out any of the Privy Council’s appointment functions, it must consult the HPC first. The constitutional arrangements for the statutory committees of the HPC are revised. These have to be set out in rules, with less of the detail, and fewer committee functions, included in the 2001 Order itself. The HPC’s statutory committees are given express powers to regulate their own procedures by standing orders, subject to the requirements of legislation. The HPC will be responsible for appointing the members of these committees, but are given powers to seek the assistance of other bodies with these appointment functions. The new constitutional arrangements also include revised duties of co-operation with stakeholders (article 8, paragraphs 1, 2, 4, 6 to 9(a), 11, 15 and 17 of Schedule 2 and Part 5 of Schedule 4). Article 42 of the 2001 Order has been revised so that orders of the Privy Council under that Order which are subject to the negative resolution procedure in the United Kingdom Parliament and which are for the regulation of, or approve rules which are for the regulation of, operating department practitioners or practitioner psychologists will also be subject to the negative resolution procedure in the Scottish Parliament (paragraph 12 of Schedule 2). Article 44 of the 2001 Order is revised so that it contains the new arrangements for annual reports. There are three reports that the HPC has to produce: an annual report that includes a description of the arrangements that it has in place to ensure that it adheres to good practice in relation to equality and diversity, a statistical report relating to its fitness to practise functions and a strategic plan. As regards annual accounts, there is an updating of the reference to the auditors to take account of changes introduced in the Companies Act 2006, and a new requirement to submit accounts to the Auditor General for Scotland (paragraphs 13 and 14 of Schedule 2).
Other changes relating to the regulation of pharmacists and pharmacy technicians Schedule 3 contains further amendments to the 2007 Order. There are new arrangements for the annual reports that the Royal Pharmaceutical Society of Great Britain (“RPSGB”) will need to produce. These are: an annual report that includes a description of the arrangements that it has in place to ensure that it adheres to good practice in relation to equality and diversity; and a statistical report relating to its fitness to practise functions. When statutory regulation of pharmacy technicians is introduced, there will be a new requirement to lay these reports before the Scottish Parliament. As regards annual accounts, there is an updating of the reference in the Order to the Society’s auditors to take account of changes introduced in the Companies Act 2006. The new constitutional arrangements also include changes to the RPSGB’s duties of co-operation with stakeholders (paragraphs 3(b) and (c) and 4 of Schedule 3). Statutory regulation of pharmacy technicians, which previously applied only in relation to England and Wales, is extended to Scotland, and a number of consequential changes are made in connection with that extension, and in connection with the rule changes necessary to facilitate the opening of the statutory register for pharmacy technicians (paragraphs 1, 3(a), 4, 7 to 10, 15, 16, 17(b), 19(b) and (c), 20 to 23, 24(b) and 26(b) of Schedule 3 and Part 3 of Schedule 4). Two sets of temporary measures are introduced which relate to circumstances where a major emergency such as one involving the loss of human life or illness has occurred, is occurring or is about to occur. The Registrar of the RPSGB is given powers to register temporarily fit, proper and suitably experienced people to act as pharmacists, and is also given powers to annotate pharmacists’ registration entries to give them additional prescribing rights. The Registrar can attach conditions to the registration of those temporarily registered under these arrangements, and may remove both temporary registrations and temporary annotations at any time, without going through the normal fitness to practise procedures. Both temporarily registrations and temporary annotations under these arrangements will cease if the Secretary of State advises the Registrar that the circumstances that gave rise to the need for these emergency measures no longer exist (paragraphs 2, 6, 11, 12, 14 and 17). Article 69 of the 2007 Order has been revised so that orders of the Privy Council under the Order which are subject to the negative resolution procedure in the United Kingdom Parliament and which are for the regulation of, or approve rules which relate to the regulation of, pharmacy technicians will also be subject to a negative resolution procedure in the Scottish Parliament type=start slip=2011-07-01 time=1311244859285(paragraph 25 of Schedule 3)type=end slip=2011-07-01 time=1311244859285.
Miscellaneous Some miscellaneous updating amendments, and consequential amendments arising out of earlier Orders under section 60 of the Health Act 1999, are set out in Part 6 of Schedule 4 and in paragraphs 1 and 2 of Schedule 5. The Order also includes provisions which allow for the making of further transitional, transitory or saving provisions by order of the Privy Council, and in connection with Privy Council procedures type=start slip=2011-07-01 time=1311244895286(articles 9 and 10).type=end slip=2011-07-01 time=1311244895286
An impact assessment has been prepared in relation to this Order and is available from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE.
Footnotes
1999 c.8. Section 60 has been amended by: the National Health Service Reform and Health Care Professions Act 2002 (c.17) (“the 2002 Act”), section 26(9); the Health and Social Care Act 2008 (c.14) (“the 2008 Act”), Schedule 8, paragraph 1, and Schedule 10, paragraph 10; and S.I. 2002/253 and 254. Section 62 has been amended by: the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 194 and 197, and Schedule 4; and the 2008 Act, Schedule 8, paragraph 2, and Schedule 10, paragraph 11. Schedule 3 has been amended by: the 2002 Act, section 26(10); the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 11, paragraph 67, and Schedule 14, Part 4; the Health Act 2006 (c.28), section 33 and Schedule 9; the 2008 Act, Schedule 8, paragraphs 3 to 10 (although paragraph 10 is not yet in force); and S.I. 2002/254.
The Association of Educational Psychologists is at 4 The Riverside Centre, Frankland Lane, Durham, DH1 5TA.
The British Psychological Society is at St Andrews House, 48 Princess Road East, Leicester, LE1 7DR. The Society’s Royal Charter has been amended six times, and is available, in its amended form, on the Society’s website at www.bps.org.uk.
Section 51 has been amended by the National Health Service Reform and Health Care Professions Act 2002 (c.17), Schedule 9, Part 2, and by S.I. 2005/2011.
Subsection (2A) of section 1 was inserted by S.I. 2001/3926 and substituted by S.I. 2005/2011.
Section 3(3) was amended by S.I. 1987/2047.
1946 c.36; section 1 has been amended by the Government of Wales Act 1998 (c.38), Schedule 12, paragraph 2.
Section 1 has been amended by S.I. 2001/3926.
Section 2 has been amended by S.I. 2001/3926 and 2005/2011.
Section 2A was inserted by S.I. 2005/2011.
Section 2B was inserted by S.I. 2005/2011.
Section 2C was inserted by S.I. 2005/2011.
Section 2D was inserted by S.I. 2005/2011.
Section 27 was substituted by S.I. 2005/2011.
Section 36N was inserted by S.I. 2005/2011.
Subsection (2A) was inserted by S.I. 2005/2011.
Section 50C was inserted by S.I. 2005/2011.
Section 51 has been amended by the National Health Service Reform and Health Care Professions Act 2002 (c.17), Schedule 9, Part 2, and by S.I. 2005/2011.
Schedule 3 was substituted by S.I. 2005/2011.
Section 44A was inserted by S.I. 2005/2011.
Schedule 2A was inserted by S.I. 2005/2011.
Schedule 4B was inserted by S.I. 2005/2011.
Schedule 4A was inserted by S.I. 2005/2011.
Subsection (3) has been amended by the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, paragraph 62, and the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 80 and 82.
Schedule 1 has been amended by: the Health and Social Care (Community Health and Standards Act 2003 (c.43), Schedule 12, paragraph 3; the Health Act 2006 (c.28), Schedule 8, paragraph 27; and by S.I. 20013926 and 2005/2011.
Amended by S.I. 2001/3926.
Inserted by S.I. 2005/2011.
Amended by S.I. 2004/2033.
Amended by S.I. 2007/3101.
Part 1 has been amended by the Health and Social Care (Community Health and Standards) Act 2003, Schedule 12, paragraph 8, the Health Act 2006, Schedule 8, paragraph 48, and Schedule 9, and by S.I. 2004/2033.
Schedule 3 has been amended by S.I. 2003/3148 and 2004/1947 and 2033.
The Association of Educational Psychologists is at 4 The Riverside Centre, Frankland Lane, Durham, DH1 5TA.
The British Psychological Society is at St Andrews House, 48 Princess Road East, Leicester, LE1 7DR. The Society’s Royal Charter has been amended six times, and is available, in its amended form, on the Society’s website at www.bps.org.uk.
These measures which, by virtue of article 1(2)(c), will come into force on the day after the day on which this Order is made will take effect until the repeal of the provisions that they amend.
The amendments in this paragraph will become redundant if statutory regulation of registered psychologists is commenced after the commencement of paragraph 12(2) of this Schedule.
Amended by S.I. 2007/3101.
A relevant amendment has been made by S.I. 2007/3101.
S.I. 1975/1023; the relevant amending instrument is S.I. 2002/441.
S.I. 2001/341; the relevant amending instrument is S.I. 2006/2910.
S.I. 2001/497; the relevant amending instrument is S.I. 2007/925.
S.I. 2001/3965; regulation 2(1) has been amended by S.I. 2004/664, 865 and 1770.
S.I. 2001/3968; regulation 2(1) has been amended by S.I. 2004/664 and 865.
S.I. 2002/324; the relevant amending instrument is S.I. 2004/1314.
S.I. 2003/1571; the relevant amending instrument is S.I. 2004/2522.
Scheduled to S.I. 2003/1579.
Scheduled to S.I. 2000/241.
Scheduled to S.I. 2000/3290.
Scheduled to S.I. 2003/1575.
Scheduled to S.I. 2004/1761.
Scheduled to S.I. 2004/2608.
Scheduled to S.I. 2005/1475.
Scheduled to S.I. 2006/1663.
Scheduled to S.I. 2007/441.
Scheduled to S.I. 2007/442.
S.S.I. 2003/231; paragraph 8 in Part 1 was substituted by, and the definition of “registered pharmacist” in Part 4 was inserted by, S.I. 2007/3101.
Scheduled to S.I. 2007/441.
Scheduled to S.I. 2007/442.
Scheduled to S.I. 2007/561.
These Rules were amended by S.I. 2005/1625.
S.I. 1975/1023; the relevant amending instrument is S.I. 2002/441.
Inserted by S.I. 2008/1485.
There are no relevant amending instruments.
Relevant amendments were made by S.I. 2008/1485.
Scheduled to S.I. 2004/1767.
Paragraphs30, 34 and 38 of the Schedule are substituted by S.I. 2008/1774.
Paragraphs 30, 34 and 38 of Schedule 1 are substituted by S.I. 2008/1774.
1998 c.29; section 69(1) has been amended by S.I. 2002/253 and 254 and 2003/1590.
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