Health Professions Order 2001

JurisdictionUK Non-devolved
CitationSI 2002/254

2002No. 254

HEALTH CARE AND ASSOCIATED PROFESSIONS

HEALTH PROFESSIONS

The Health Professions Order 2001

12thFebruary2002

articles 1 and 48(4)articles 1 and 48(4)

12thFebruary2002

remainder in accordance with article 1(2)remainder in accordance with article 1(2)

ARRANGEMENT OF ARTICLES

PART I

General

Article 1

Citation and commencement

Article 2

Interpretation

PART II

The Council and its Committees

Article 3

The Health Professions Council and its Committees

PART III

Registration

Article 4

Registrar

Article 5

Establishment and maintenance of register

Article 6

Register

Article 7

The register: supplemental provisions

Article 8

Access to register

Article 9

Registration

Article 10

Renewal of registration and readmission

Article 11

Lapse of registration

Article 12

Approved qualifications

Article 13

Transitional provisions relating to admission to the register

PART IV

Education and Training

Article 14

Education and Training Committee

Article 15

Education and training

Article 16

Visitors

Article 17

Information to be given by institutions

Article 18

Refusal or withdrawal of approval of courses, qualifications and institutions

Article 19

Post-registration training

Article 20

Wales

PART V

Fitness to Practise

Article 21

Council's functions in respect of fitness to practise, ethics and other matters

Article 22

Allegations

Article 23

Screeners

Article 24

Screeners: supplementary provisions

Article 25

Council's power to require disclosure of information

Article 26

The Investigating Committee

Article 27

The Conduct and Competence Committee

Article 28

The Health Committee

Article 29

Orders of the Health Committee and the Conduct and Competence Committee

Article 30

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

Article 31

Interim orders by a Practice Committee

Article 32

Investigation of allegations: procedural rules

Article 33

Restoration to the register of persons who have been struck off

Article 34

Legal assessors

Article 35

Medical assessors

Article 36

Registrant assessors

PART VI

Appeals

Article 37

Appeals against decisions of the Education and Training Committee

Article 38

Appeals

PART VII

Offences

Article 39

Offences

PART VIII

Miscellaneous

Article 40

Further provisions

Article 41

Rules and orders

Article 42

Exercise of powers by the Privy Council

Article 43

Default powers of the Privy Council

Article 44

Annual Reports

Article 45

Finances of the Council

Article 46

Accounts of the Council

Article 47

Inquiry by the Privy Council

Article 48

Supplementary and transitional provisions and extent

SCHEDULES

1

Health Professions Council and Committees:

Part I

Health Professions Council

Part II

The Statutory Committees

2

Transitional provisions

3

Interpretation

4

Consequential amendments to primary legislation

At the Court at Buckingham Palace, the 12th day of February 2002

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by a resolution of each House of Parliament in accordance with section 62(9) of the Health Act 1999( 1);

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4)( 2) of that Act, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

PART I

GENERAL

Citation and commencement

1. - (1) This Order may be cited as the Health Professions Order 2001.

(2) This article and article 48(4) come into force on the day on which this Order is made and the other provisions of this Order shall come into force on such day as the Secretary of State may specify.

(3) Different days may be specified under paragraph (2) for different purposes and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that date.

Interpretation

2. This Order is to be interpreted in accordance with Schedule 3.

PART II

THE COUNCIL AND ITS COMMITTEES

The Health Professions Council and its Committees

3. - (1) There shall be a body corporate known as the Health Professions Council (referred to in this Order as "the Council").

(2) The principal functions of the Council shall be to establish from time to time standards of education, training, conduct and performance for members of the relevant professions and to ensure the maintenance of those standards.

(3) The Council shall have such other functions as are conferred on it by this Order or as may be provided by the Privy Council by order.

(4) The main objective of the Council in exercising its functions shall be to safeguard the health and well-being of persons using or needing the services of registrants.

(5) In exercising its functions, the Council shall -

(a) have proper regard to the interests of all registrants and prospective registrants and persons referred to in paragraph (4) in each of the countries of the United Kingdom and to any differing considerations applying to the professions to which this Order applies and to groups within them; and(b) cooperate wherever reasonably practicable with - (i) employers and prospective employers of registrants,(ii) persons who provide, assess or fund education or training for registrants or prospective registrants, or who propose to do so,(iii) persons who are responsible for regulating or coordinating the regulation of other health or social care professions, or of those who carry out activities in connection with the services provided by those professions or the professions regulated under this Order,(iv) persons responsible for regulating services in the provision of which registrants are engaged.

(6) Before making any order under paragraph (3), the Privy Council shall consult the Council.

(7) The Council shall consult the Privy Council, or such person as the Privy Council may designate, at least once in each calendar year on the way in which it proposes to exercise its functions in respect of such period as the Privy Council or the designated person, as the case may be, may specify.

(8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council.

(9) There shall be four committees of the Council, to be known as -

(a) the Education and Training Committee;(b) the Investigating Committee;(c) the Conduct and Competence Committee; and(d) the Health Committee.

(10) The four committees are referred to in this Order as "the statutory committees".

(11) Each of the statutory committees shall have the functions conferred on it by this Order.

(12) The Council -

(a) may establish such other committees as it considers appropriate in connection with the discharge of its functions; and(b) may, in particular, establish professional advisory committees whose function is to advise the Council and its statutory committees (whether on the request of the Council or otherwise) on matters affecting any relevant profession, and

may delegate any of its functions to them, other than any power to make rules.

(13) The Council shall inform and educate registrants, and shall inform the public, about its work.

(14) Before establishing any standards or giving any guidance under this Order the Council shall consult representatives of any group of persons it considers appropriate including, as it sees fit, representatives of -

(a) registrants or classes of registrant;(b) employers of registrants;(c) users of the services of registrants; and(d) persons providing, assessing or funding education or training for registrants or prospective registrants.

(15) The Council shall publish any standards it establishes and any guidance it gives.

(16) Paragraphs (14) and (15) do not apply to guidance given to an individual which is particular to him.

(17) The Council may -

(a) make recommendations to the Secretary of State concerning any profession which in its opinion should be regulated pursuant to section 60(1)(b) of the Health Act 1999; and(b) give such guidance as it sees fit, to such persons as seem to it to have an interest in such regulation, on the criteria to be taken into account in determining whether a profession should be so regulated.

(18) Part II of Schedule 1 shall have effect with respect to the statutory committees.

(19) Nothing in this Order shall require or permit any disclosure of information which is prohibited by or under any other enactment.

PART III

REGISTRATION

Registrar

4. - (1) The Council shall appoint a Registrar who shall hold office for such period and on such terms as the Council may determine.

(2) The Registrar shall have such functions as the Council may direct.

(3) The terms on which the Registrar holds office may, in addition to providing for his remuneration, include provision for the payment of such pensions, allowances or gratuities to or in respect of him, or such contributions or payments towards provision for such pensions, allowances or gratuities, as may be determined by the Council.

(4) Where the terms on which the Registrar holds office include provision for the payment to him of any allowances or expenses, the rate at which those allowances or expenses are paid shall be determined by the Council.

(5) If the Council appoints a deputy or assistant Registrar and that deputy or assistant Registrar is authorised by the Registrar to act for him in any matter, any reference in this Order to "the Registrar" shall include a reference to that deputy or assistant Registrar.

Establishment and maintenance of register

5. - (1) In accordance with the provisions of this Order the Council shall establish and maintain a register of members of the relevant professions.

(2) The Council shall from time to time -

(a) establish the standards of proficiency necessary to be admitted to the different parts of the register being the standards it considers necessary for safe and effective practice under that part of the register;...

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