The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

Amendment of section 51

11.  In section 51(1) (exercise of powers conferred on Privy Council)—

(a) in subsection (3), for paragraph (c) substitute the following paragraph—

“(c) approving rules under Schedule 3(2) (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists), including rules made under Schedule 3 as applied (with modifications) by—

(i) section 44A(3) (supplementary provisions relating to financial penalties in relation to bodies corporate), or

(ii) paragraph 4(7) of Schedule 2A(4) (registration appeals: dentists register),”; and

(b) for subsections (4) and (5) substitute the following subsections—

“(4) A statutory instrument which contains an order made by the Privy Council approving—

(a) regulations under section 36A(2) (professions complementary to dentistry);

(b) rules under section 36L (insurance); or

(c) rules under Schedule 4B(5) (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals), including rules made under Schedule 4B as applied (with modifications) by paragraph 4(7) of Schedule 4A(6) (registration appeals: dental care professionals register),

shall be subject to annulment in pursuance of a resolution of either House of Parliament or, where subsection (5) applies, a resolution of either House of Parliament or a resolution of the Scottish Parliament.

(5) This subsection applies where an order of the Privy Council mentioned in subsection (4)—

(a) approves regulations under section 36A(2) that specify a profession complementary to dentistry, or a class of members of a profession complementary to dentistry, which immediately before the revocation of the Dental Auxiliaries Regulations 1986 did not constitute a class of dental auxiliaries regulated by those Regulations; or

(b) approves rules that apply to such a profession or such a class of members of such a profession.”

(1)

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.

(2)

Schedule 3 was substituted by S.I. 2005/2011.

(3)

Section 44A was inserted by S.I. 2005/2011.

(4)

Schedule 2A was inserted by S.I. 2005/2011.

(5)

Schedule 4B was inserted by S.I. 2005/2011.

(6)

Schedule 4A was inserted by S.I. 2005/2011.