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Health Act 1999

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Matters outside the scope of the OrdersE+W+S+N.I.

7[F1(1)An Order may not abolish—E+W+S+N.I.

(a)the regulatory body of any profession to which section 60(2)(a) applies,

(b)the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland,

(c)the Health Professions Council,

(d)the Nursing and Midwifery Council, or

(e)any other regulatory body established by an Order.

(1A)Sub-paragraph (1)(b) does not prevent an Order in Council from establishing a new regulatory body for the professions mentioned in section 60(2)(aa) and transferring to it any of the functions of the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland.]

(2)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(4)An Order may not confer any additional powers of direction over [F5the Council for Healthcare Regulatory Excellence].]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words Sch. para. 7(4) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 127,170(3), {Sch. 10 para. 12}; S.I. 2008/3244, art. 2(i)(ix)

8(1)Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers to exercise that function.E+W+S+N.I.

(2)The functions are—

(a)keeping the register of members admitted to practice,

(b)determining standards of education and training for admission to practice,

(c)giving advice about standards of conduct and performance,

(d)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(2A)Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers or the Office of the Health Professions Adjudicator to exercise that function.

(2B)In sub-paragraphs (1) and (2A) references to a regulatory body do not include references to any of the following—

(a)the Royal Pharmaceutical Society of Great Britain,

(b)the Pharmaceutical Society of Northern Ireland, and

(c)the Hearing Aid Council.]

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Sch. 3 para. 8(3) omitted (1.4.2004) by virtue of The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 8(b) (with savings in art. 3(19) and transitional provisions in art. 48(1), Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I. and see London Gazette of 21.7.2004)

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