Health and Social Care Act 2008

23 (1) Schedule 4 to the 1983 Act (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels) is amended as follows.

(2) In the heading for “, INTERIM ORDERS PANELS AND FITNESS TO PRACTISE PANELS” substitute “AND THE ADJUDICATOR”.

(3) In the heading before paragraph 1 omit “, Interim Orders Panels and Fitness to Practise Panels”.

(4) In paragraph 1—

(a) in sub-paragraph (1)—

(i) omit “, Interim Orders Panels and Fitness to Practise Panels”,

(ii) in paragraph (a) omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(iii) in paragraph (b) omit “or such a Panel”, and

(b) omit sub-paragraphs (3) and (4).

(5) In paragraph 2—

(a) in sub-paragraph (1)—

(i) omit paragraphs (b) and (c), and

(ii) omit “or Panel”,

(b) in sub-paragraph (2) omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(c) in sub-paragraph (3)—

(i) omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(ii) omit “or Panel” (in both places).

(6) In paragraph 3—

(a) in paragraph (a)—

(i) omit “, an Interim Orders Panel or a Fitness to Practise Panel”, and

(ii) omit “, a Panel”,

(b) in paragraph (b)—

(i) omit “to a Fitness to Practise Panel or”, and

(ii) omit “the Panel or”, and

(c) for “Committee, Panel or Council” (wherever occurring) substitute “Committee or Council”.

(7) For paragraph 3A substitute—

“3A (1) Where, in the course of any proceedings before the Adjudicator, the Adjudicator forms the opinion (on reasonable grounds) that there is a matter which ought to be investigated by the Investigation Committee—

(a) the Adjudicator may notify the Registrar of that matter; and

(b) on being so notified, the Registrar shall refer the matter to the Investigation Committee and the Investigation Committee shall investigate the matter.

(2) Nothing in sub-paragraph (1) prevents the Adjudicator from considering the matter itself, whether or not it has reached a decision in the proceedings.”

(8) In paragraph 5A—

(a) in sub-paragraph (1)(a) omit paragraph (ii),

(b) after sub-paragraph (1) insert—

“(1A) If the Adjudicator considers (on reasonable grounds) that it would be of assistance to it, in dealing with any proceedings before it, for there to be an assessment of the standard of professional performance of the person to whom the proceedings relate—

(a) the Adjudicator may request the Registrar to arrange for an assessment to be carried out; and

(b) on receipt of the request, the Registrar shall arrange for such an assessment to be carried out.”,

(c) in sub-paragraph (2)—

(i) for “by virtue of this paragraph” substitute “by virtue of sub-paragraph (1) or (1A)”, and

(ii) after “in accordance with rules” insert “made by the General Council”,

(d) omit sub-paragraphs (3) and (3A),

(e) after sub-paragraph (3A) insert—

“(3B) If the Registrar is of the opinion that a person who is the subject of an assessment of the standard of the person’s professional performance—

(a) has failed to submit to the assessment, or

(b) having submitted to the assessment, has failed to comply with reasonable requirements imposed by the Assessment Team,

the Registrar may refer the matter to the Adjudicator.

(3C) If the Investigation Committee are of the opinion that a person who is the subject of an assessment of the standard of the person’s professional performance—

(a) has failed to submit to the assessment, or

(b) having submitted to the assessment, has failed to comply with reasonable requirements imposed by the Assessment Team,

the Investigation Committee may direct the Registrar to refer the matter to the Adjudicator and, on receipt of the direction, the Registrar shall make such a reference.

(3D) The Registrar shall without delay serve on the person who is the subject of the assessment notification of the making of a reference to the Adjudicator under sub-paragraph (3B) or (3C).

(3E) Where a matter is referred to the Adjudicator under sub-paragraph (3B) or (3C), the Adjudicator may, if it thinks fit—

(a) direct that the person’s registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding 12 months as may be specified in the direction; or

(b) direct that the person’s registration shall be conditional on the person’s compliance, during such period not exceeding 3 years as may be specified in the direction, with such requirements so specified as the Adjudicator thinks fit to impose for the protection of members of the public or in the person’s interests.

(3F) Where, under sub-paragraph (3E), the Adjudicator gives a direction for suspension or a direction for conditional registration the Registrar shall without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (5).

(3G) While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (3E)—

(a) the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b) sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.”,

(f) in sub-paragraph (5)—

(i) for “a Fitness to Practise Panel” (where first occurring) substitute “the Adjudicator”,

(ii) for “by virtue of sub-paragraph (3) above” substitute “under sub-paragraph (3E)”,

(iii) in paragraph (b) for “Panel” substitute “Adjudicator”, and

(iv) in paragraph (c) for “the Registrar for him to refer it to a Fitness to Practise Panel” substitute “the Adjudicator”, and

(g) after sub-paragraph (5) insert—

“(5A) Subject to paragraph 9 below, an appeal under sub-paragraph (5) must be brought before the end of the period of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (3F).”

(9) In paragraph 5B, in sub-paragraph (1), for “rules made under paragraph 5A above” substitute “sub-paragraph (1) or (1A) of paragraph 5A”.

(10) In paragraph 7—

(a) in sub-paragraph (1)—

(i) omit paragraphs (b) and (c),

(ii) for “them” substitute “the Committee”, and

(iii) for “the Panel” substitute “the Committee”, and

(b) in sub-paragraph (4)—

(i) omit “, an Interim Orders Panel or a Fitness to Practise Panel”,

(ii) in paragraph (a) omit “or a Panel”,

(iii) in paragraph (a)(ii) omit “or the Panel”, and

(iv) in paragraph (b) omit “or the Panel”.

(11) In paragraph 8, in sub-paragraph (1)—

(a) after “39(2),” insert “40A(9),”, and

(b) after “this Act” insert “or paragraph 5A(3D) or (3F) above”.

(12) In paragraph 9—

(a) in paragraph (a) after “this Act” insert “or paragraph 5A(3F) above”, and

(b) after “section 40 of this Act” insert “or (as the case may be) paragraph 5A(5) above”.

(13) In paragraph 10, in sub-paragraph (1), for “a Fitness to Practise Panel” (in both places) substitute “the Adjudicator”.

(14) After paragraph 10 insert—

“10A (1) A direction for suspension or for conditional registration given by the Adjudicator under paragraph 5A(3E) above shall take effect—

(a) where no appeal under paragraph 5A(5) above is brought against the direction within the time specified in paragraph 5A(5A) above, on the expiration of that time;

(b) where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c) where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2) Where the time for appealing against a direction is extended by an authorisation under paragraph 9 above—

(a) sub-paragraph (1) shall apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5A(5A) above were a reference to that time as so extended; and

(b) if the authorisation is given after the expiration of the time specified in paragraph 5A(5A) above, the direction shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly.”

(15) In paragraph 11, in sub-paragraphs (1) and (3)—

(a) after “section 35D(2) of this Act” insert “or paragraph 5A(3E) above”, and

(b) for “that section” substitute “section 35D”.

(16) In paragraph 12 for “rules made by virtue of paragraph 5A(3) of this Schedule” substitute “paragraph 5A(3E) above”.

(17) In paragraph 13 omit “, an Interim Orders Panel or Fitness to Practise Panel”.