Health Professions Order 2001

Registration U.K.

9.—(1)  [F1 [F2 A] person] seeking admission to a part of the register must apply to the Council and, subject to the provisions of this Order, and in particular paragraph (4), [F3 he shall be entitled to be registered in that part provided that the conditions mentioned in paragraph (2) are satisfied].

(2) [F4 Subject to paragraphs (3) and (3A)], the conditions are that the application is made in the prescribed form and manner and that F5 ...—

[F6 (a) the applicant satisfies the Education and Training Committee that they—

(i) hold an approved qualification awarded—

(aa) within such period, not exceeding five years ending with the date of the application, as may be prescribed, or

(bb) before the prescribed period mentioned in head (aa), and they have met such requirements as to additional education, training and experience as the Council may specify under article 19(3) and which apply to them; or

(ii) have passed an aptitude test or successfully completed an adaptation period pursuant to article 12A;]

(b) [F7 the applicant] satisfies the Education and Training Committee in accordance with the Council’s requirements mentioned in article 5(2) that he is capable of safe and effective practice under the part of the register concerned;

[F8 (ba) the Registrar informs the Education and Training Committee that the applicant has satisfied him that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 11A, appropriate cover under an indemnity arrangement;] and

(c) [F9 the applicant] has paid the prescribed fee.

(3) Where the applicant is already registered in the register and wishes to be registered in an additional part of the register or to have additional entries recorded, paragraph (2)(a) shall apply only to the qualifications on which his application is based.

F10 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a person who—

(a) is not registered on the date of coming into force of an order made under article 6(1) which relates to his profession; but

(b) has been on a register under the 1960 Act in the 5 years immediately preceding the date mentioned in sub-paragraph (a),

applies for admission to the register in the relevant period, the Education and Training Committee shall, if it is satisfied as to his good character, grant the application.

[F11 (4A) Where a specified state professional makes an application for registration under paragraph (1), the Education and Training Committee must—

(a) within the period of one month beginning with the date of receipt of the application—

(i) acknowledge receipt of the application; and

(ii) inform the applicant of any missing document required for the purposes of the application;

(b) give the applicant adequate time to complete the requirements and procedures of the application process; and

(c) deal promptly with the applicant’s application.]

(5) The Education and Training Committee shall give its decision on an application under paragraph (1) as soon as reasonably practicable and in any event [F12 —

(a) where the person holds a specified state qualification, within the period of four months beginning with the day on which the application is received;

(b) in any other case, within the period of three months beginning with that day.]

(6) The Education and Training Committee shall notify the applicant in writing of its decision, and, where that decision is unfavourable to the applicant, of its reasons for reaching that decision and, of the applicant’s right of appeal F13 ....

(7) Failure to notify the applicant of the Committee’s decision within the time specified in paragraph (5) shall be treated as a decision from which the applicant may appeal under article 37.

F14 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in art. 9(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 270(a)

F2 Word in art. 9(1) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 6(a) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 9(1) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 12(a)

F4 Words in art. 9(2) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 12(b)

F5 Words in art. 9(2) omitted (17.7.2014) by virtue of The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 12(b)

F6 Art. 9(2)(a) substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 71(a)

F7 Words in art. 9(2)(b) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 12(c)

F8 Art. 9(2)(ba) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 12(d)

F9 Words in art. 9(2)(c) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 12(c)

F10 Art. 9(3A) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 14(2) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F11 Art. 9(4A) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 71(b)

F12 Art. 9(5)(a)(b) substituted for words in art. 9(5) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 71(c)

F13 Words in art. 9(6) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 270(c)

F14 Art. 9(8) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 6(c) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 9 not in force at made date, see art. 1(2)

I2 Art. 9 in force at 9.7.2003 in so far as not already in force as notified in the London Gazette dated 27.6.2003, see art. 1(3) (with transitional provisions in S.I. 2003/1700)