The Anaesthesia Associates and Physician Associates Order 2024

Interim Measures - review

12.—(1) In respect of an Interim Measure which remains in force in respect of an associate, the Regulator must carry out—

(a) a first review of the Measure before the end of a period of six months beginning with the date on which it first had effect, and

(b) subsequent reviews of the Measure before the end of a period of six months beginning with—

(i) the date of the previous review, or

(ii) where a court has, since the previous review, extended the period for which the Measure is to remain in force, the date on which the order to extend is made.

(2) A failure to conduct a review in accordance with paragraph (1) does not affect the validity of the Interim Measure.

(3) The Regulator may at any time review an Interim Measure which remains in force, including where a question arises as to whether an associate is complying with a condition on their registration.

(4) On a review under this article, the Regulator may—

(a) extend the period specified for the Measure to remain in force,

(b) vary a condition to which an associate’s entry is subject,

(c) revoke an Interim Measure and impose a different Interim Measure in respect of an associate,

if, in the opinion of the Regulator, an Interim Measure remains necessary for the protection of the public or remains in the interests of the public or the associate upon whom the Measure is imposed.

(5) Where the Regulator imposes a different Interim Measure under paragraph (4)(c), it must specify the period for which the Measure is to remain in force.

(6) Article 11(8) applies to a different Interim Measure imposed under paragraph (4)(c).

(7) The Regulator may not exercise the power under paragraph (4) so as to provide that an associate is subject to an Interim Measure or Measures in respect of the same matter for a period of longer than 18 months.

(8) On a review under this article, the Regulator may only revoke an Interim Measure without imposing a different Interim Measure if, in the opinion of the Regulator, the Interim Measure is no longer necessary for the protection of the public or is no longer in the interests of the public or the associate upon whom the Interim Measure is imposed.

(9) Where—

(a) an appeal is brought under article 16 or 17 against a decision or a part of a decision, and

(b) the decision, or part of it, is revoked or revised under this article before the appeal is determined,

the appeal (or the part of the appeal which relates to the revoked or revised part of the decision) will lapse.