SCHEDULE
THE HEALTH 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 20012and 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:
1. Citation and commencement
These Rules may be cited as the Health Professions Council (Registration and Fees) Rules 2003 and shall come into force on 9th July 2003.
2. Interpretation
In these Rules—
“Committee” means the Education and Training Committee of the Council;
“competent authority” shall be construed in accordance with regulation 2 of the European Communities (Recognition of Professional Qualifications) Regulations 19913or regulation 8 of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 20024as appropriate;
“doctor” means a registered medical practitioner;
“home relevant State” means the relevant State (within the meaning of the European Communities (Recognition of Professional Qualifications) Regulations 1991 or the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 as appropriate) from which, as the case requires, the applicant originates or comes or in which the applicant formerly qualified in, or practised, the profession to which his application relates;
“the Order” means the Health Professions Order 2001;
“relative”, in relation to any person, means—
(a) his spouse;
(b) any lineal ancestor, lineal descendant, brother, sister, aunt, uncle, nephew, niece, or first cousin, of his or of his spouse; or
(c) the spouse of any relative mentioned in paragraph (b),
and for the purposes of deducing any such relationship “spouse” includes a former spouse, a partner to whom the person is not married, and a partner of the same sex.
3. The Register
(1) There shall be entered in the register against the full name of each registrant—
(a)
(a) his registration number;
(b)
(b) his last known home address; and
(c)
(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.
4. Applications for registration
(1) An application for admission to a part of the register shall be—
(a)
(a) made in writing on the form specified in Schedule 1;
(b)
(b) signed by the applicant;
(c)
(c) accompanied by—
(i) the registration fee prescribed in rule 14, and
(ii) if the applicant is relying on article 12(1)(c) of the Order or seeking to be treated as satisfying the requirements of article 9(2)(a) of the Order by virtue of article 13 of the Order, the scrutiny fee prescribed by rule 17; and
(d)
(d) sent or given to the Registrar.
(2) The applicant shall provide in connection with the application for registration—
(a)
(a) subject to paragraph (3), a reference as to the good character of the applicant given on the form specified in Schedule 3 by a person who—
(i) is not a relative of the applicant,
(ii) is a person of standing in the community which includes a registered professional, doctor, solicitor, accountant, bank manager, Justice of the Peace, principal of the institution which granted the applicant an approved qualification or a person authorised to provide character references by the principal of that institution, Minister of the Church, Rabbi, Imam or other religious official acceptable to the Council, and
(iii) has known the applicant for a period of at least three years;
(b)
(b) subject to paragraphs (4) and (5), a reference as to the physical and mental health of the applicant given on the form specified in Schedule 4 by the applicant’s doctor provided he—
(i) is not a relative of the applicant, and
(ii) has been the applicant’s doctor (or in the case of a general practitioner is a partner in the practice of the doctor of whom the applicant has been a patient) for a period of at least three years ending on the date on which the reference is given;
(c)
(c) 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) where the applicant is relying on article 12(1)(b) of the Order, the certificate or other document issued by a competent authority of his home relevant State attesting to the applicant’s qualifications and, where appropriate, experience in respect of the profession to which his application relates, 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; and
(d)
(d) such other documents, information or evidence as the Committee may reasonably require for the purposes of verifying the information in and determining the application.
(3) Where the applicant is relying on article 12(1)(b) of the Order he may provide, in place of the character reference referred to in paragraph (2)(a)—
(a)
(a) a document issued by the competent authority of his home relevant State attesting to the applicant’s good character and confirming that he has not been suspended or prohibited from practising the profession to which his application relates because of professional misconduct or the commission of a criminal offence; or
(b)
(b) where the competent authority does not issue such documents, a declaration on oath or solemn declaration attesting to and confirming the matters required by that competent authority to be attested to or confirmed under sub-paragraph (a):
(i) made by the applicant before a competent judicial or administrative authority or (where appropriate) a notary or qualified professional body of his home relevant State, and
(ii) authenticated by a certificate issued by the authority, notary or body.
(4) Where the applicant is relying on article 12(1)(b) of the Order he shall provide—
(a)
(a) the document attesting to his physical or mental health required by the competent authority of his home relevant State which regulates the profession to which his application relates; or
(b)
(b) where such a document is not required, the reference referred to in paragraph (2)(b).
(5) Where the Committee is satisfied that the applicant cannot provide a health reference in the terms provided by paragraph (2)(b) or (4), the Committee may permit an applicant to provide evidence of his physical and mental health—
(a)
(a) by a reference given by a doctor who, in giving the reference, relies on the medical records of the applicant made by another doctor of whom the applicant has been a patient and which relate to a period of at least three years ending on the date on which the reference is given;
(b)
(b) by an examination by a doctor nominated by the Committee; or
(c)
(c) by such other manner as the Committee considers appropriate in a particular case.
5. Other conditions of registration
(1) For the purpose of satisfying itself as to the good character of the applicant, the Committee shall have regard to—
(a)
(a) the character reference provided under rule 4(2)(a) or (3);
(b)
(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)
(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)
(d) any other matters which, in the opinion...
