The Health Professions (Hearing Aid Dispensers) Order 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/233 |
| Year | 2010 |
2010 No. 233
Health Care And Associated Professions
The Health Professions (Hearing Aid Dispensers) Order 2010
Made 10th February 2010
Coming into force in accordance with article 1(2) and (3)
At the Court at Buckingham Palace, the 10th day of February 2010
Present,
The Queen’s Most Excellent Majesty in General Council
This Order in Council is made in exercise of the powers conferred by sections 60 and 62 of, and Schedule 3 to, the Health Act 19991.
The Secretary of State published a draft Order and invited representations as required by paragraph 9(1) of Schedule 3 to that Act.
The period of three months mentioned in paragraph 9(2) of that Schedule expired before a draft of this Order in Council was laid before Parliament.
A draft of this Order in Council has been approved by resolution of each House of Parliament, in accordance with section 62(9) of that Act.
Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order in Council:
Citation and commencement
1.—(1) This Order may be cited as the Health Professions (Hearing Aid Dispensers) Order 2010.
(2) This article and articles 2 to 6 come into force on the day after the day on which this Order is made.
(3) Articles 7 to 11 come into force on 1st April 2010.
Interpretation
2. In this Order—
“the 1968 Act” means the Hearing Aid Council Act 19682;
“the 2001 Order” means the Health Professions Order 20013;
“the HAC” means the Hearing Aid Council4;
“the HPC” means the Health Professions Council established under article 3 of the 2001 Order;
“the residual period” means the period beginning on 1st April 2010 and ending on the day before the day on which section 123(1) of the Health and Social Care Act 2008 comes into force.
Regulation of dispensers of hearing aids
3. This Order makes provision in respect of the regulation of the profession of dispensers of hearing aids by the HPC.
Transitional, transitory and saving provisions
4.—(1) In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.
(2) The power to make an order under paragraph (1) may be exercised—
(a)
(a) so as to make different provision—
(i) with respect to different cases or different classes of cases, or
(ii) in respect of the same case or class of case for different purposes;
(b)
(b) in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or
(c)
(c) so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.
Privy Council procedures etc.
5.—(1) The power of the Privy Council to make an order under article 4(1) may be exercised by any two or more members of the Privy Council.
(2) The making of an order under article 4(1) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
(3) The power to make an order under article 4(1) shall be exercisable by statutory instrument.
(4) For the purposes of section 1 of the Statutory Instruments Act 19465(definition of “Statutory Instrument”), the power in article 4(1) is to be taken to be conferred by an Act of Parliament.
(5) Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of—
(a)
(a) the fact that the order was duly made; and
(b)
(b) the order’s terms.
Transitory and transitional provisions relating to the introduction of registration of hearing aid dispensers by the HPC
6.—(1) The HPC and the HAC shall enter into arrangements (which may include financial arrangements) to facilitate the introduction of arrangements for the regulation of hearing aid dispensers by the HPC arising out of this Order.
(2) The arrangements entered into under paragraph (1) shall include arrangements to ensure that all the names in the HAC register which are to be entered in the HPC register with effect from 1st April 2010 are so entered.
(3) If on 31st March 2010, a person’s name is included in the HAC register, the person shall be registered in the part of the HPC register which relates to hearing aid dispensers with effect from 1st April 2010.
(4) If on 31st March 2010, there is an outstanding application for a person’s name to be entered in the HAC register (including an application for restoration to that register), the HPC—
(a)
(a) may determine that the person’s name is to be entered in the part of the HPC register which relates to hearing aid dispensers; and
(b)
(b) shall dispose of the matter in such manner as it considers just.
(5) Where a person who is registered in the HPC register pursuant to paragraph (3), notifies the HPC in writing no later than 10th May 2010 that they do not wish to be registered in the HPC register, the HPC must—
(a)
(a) remove that person’s name from the HPC register; and
(b)
(b) treat that person as not having been so registered.
(6) Where a person is registered in the HPC register pursuant to paragraph (3) or (4), the person’s home address shall not be published in the HPC register without the person’s consent.
(7) If on 31st March 2010, a person’s name is included in the HAC register but—
(a)
(a) a penalty has been imposed on that person and no appeal is made within 28 days of the notification of that penalty; or
(b)
(b) the person is the subject of, or is being investigated with a view to the issue of, proceedings which could lead to the imposition of a penalty,
the HPC shall dispose of the matter (including any proceedings) in such manner as it considers just.
(8) As from 1st April 2010, no appeal lies under section 9(1) of the 1968 Act to the High Court or, in Scotland, the Court of Session in respect of the imposition of a penalty.
(9) Paragraph (10) applies in a case where—
(a)
(a) a penalty has been imposed before 1st April 2010; and
(b)
(b) an appeal against the imposition of that penalty could have been made under section 9(1) of that Act but for paragraph (8).
(10) An appeal lies against the imposition of the penalty referred to in paragraph (9) in accordance with article 38 of the 2001 Order as if the penalty had been imposed by an order or decision of the Conduct and Competence Committee of the HPC.
(11) In this article—
“the HAC register” means the register of dispensers of hearing aids maintained by the HAC under section 2(1)(a) of the 1968 Act;
“the HPC register” means the register established and maintained by the HPC under article 5 of the 2001 Order;
“penalty” means a penalty imposed under section 7(1)(i) to (iv) of the 1968 Act.
Amendments to the 2001 Order
7.—(1) The 2001 Order is amended as follows.
(2) In article 13 (transitional provisions relating to admission to the register)—
(a)
(a) in paragraph (1), for “This article applies to a person” substitute “This paragraph applies to a person who is not a person specified in paragraph (1A)”;
(b)
(b) after paragraph (1), insert—
“1A This paragraph applies to a person who applies for admission to the register as a hearing aid dispenser on or after 1st April 2010.”;
(c)
(c) in paragraph (2), for “this article” substitute “paragraph (1)”.
(3) After article 39 insert—
“Offence: hearing aid dispensers
39A.—(1) Subject to paragraph (2), a person who is not a registered hearing aid dispenser must not perform the functions of a...
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