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National Health Service Reform and Health Care Professions Act 2002

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  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

National Health Service Reform and Health Care Professions Act 2002 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part 1 E+WNational Health Service, etc

NHS bodies and their functions: EnglandE+W

F11 English Health Authorities: change of nameE+W

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Textual Amendments

2 Primary Care TrustsE+W

F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.

Textual Amendments

Commencement Information

I1S. 2 wholly in force at 1.10.2002; s. 2 not in force at Royal Assent, see s. 42(3); s. 2 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202, art. 3(b) and in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(a)

F33 Directions: distribution of functionsE+W

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Textual Amendments

4 Personal medical services, personal dental services and local pharmaceutical servicesE+W

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.

Textual Amendments

F4S. 4(1) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F65 Local Representative CommitteesE+W

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Textual Amendments

NHS bodies and their functions: WalesE+W

F76 Local Health BoardsE+W

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Textual Amendments

Financial arrangements: England and WalesE+W

F77 Funding of Strategic Health Authorities and Health AuthoritiesE+W

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Textual Amendments

F78 Funding of Primary Care TrustsE+W

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Textual Amendments

F79 Funding of Local Health BoardsE+W

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Textual Amendments

F710 Expenditure of NHS bodiesE+W

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Textual Amendments

QualityE+W

Prospective

F811 Duty of qualityE+W

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Textual Amendments

F812 Further functions of the Commission for Health ImprovementE+W

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Textual Amendments

F813 Commission for Health Improvement: inspections and investigationsE+W

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Textual Amendments

F814 Commission for Health Improvement: constitutionE+W

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Textual Amendments

Patient and public involvementE+W

F915 Establishment of Patients’ ForumsE+W

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Textual Amendments

F916 Additional functions of PCT Patients’ ForumsE+W

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Textual Amendments

F917 Entry and inspection of premisesE+W

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Textual Amendments

F918 Annual reportsE+W

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Textual Amendments

19 SupplementaryE+W

F10(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2S. 19 partly in force; s. 19 in force for certain purposes at Royal Assent, see s. 42(3)

I3S. 19 in force at 1.9.2003 in so far as not already in force by S.I. 2003/2246, art. 2(a)

F1320 The Commission for Patient and Public Involvement in HealthE+W

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Textual Amendments

F1421 Overview and scrutiny committeesE+W

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Textual Amendments

22 Abolition of Community Health Councils in EnglandE+W

F15(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.

(5)The Secretary of State may by order make provision—

(a)as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

(b)as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

(6)The following fall within this subsection—

(a)the Secretary of State,

(b)[F16a Strategic Health Authority] ,

(c)a Special Health Authority,

(d)an NHS trust,

(e)a Primary Care Trust.

(7)Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.

F17(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4S. 22 partly in force; s. 22 in force for certain purposes at Royal Assent, see s. 42(3)

I5S. 22 in force at 1.12.2003 in so far as not already in force by S.I. 2003/3083, art. 2

Joint workingE+W

F1923 Joint working with the prison serviceE+W

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Textual Amendments

F2024 Health and well-being strategies in WalesE+W

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Textual Amendments

Part 2U.K.[F21Health and Social Care Professions etc.]

Textual Amendments

[F22The Professional Standards Authority for Health and Social Care]U.K.

Textual Amendments

F22S. 25 crossheading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 222(4), 306(4); S.I. 2012/2657, art. 2(3)

25 [F23The Professional Standards Authority for Health and Social Care]U.K.

(1)There shall be a body corporate known as [F24the Professional Standards Authority for Health and Social Care] (in this group of sections referred to as [F25“the Authority”]).

(2)The general functions of the [F26Authority] are—

(a)to promote the interests of [F27users of health care, users of social care in England, users of social work services in England] and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “regulatory bodies”), and by their committees and officers,

(b)to promote best practice in the performance of those functions,

(c)to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

(d)to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

[F28(2A)The over-arching objective of the Authority in exercising its functions under subsection (2)(b) to (d) is the protection of the public.

(2B)The pursuit by the Authority of its over-arching objective involves the pursuit of the following objectives—

(a)to protect, promote and maintain the health, safety and well-being of the public;

(b)to promote and maintain public confidence in the professions regulated by the regulatory bodies;

(c)to promote and maintain proper professional standards and conduct for members of those professions;

(d)to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies (as defined in article 3(1) of the Pharmacy Order 2010 (S.I. 2010/231)); and

(e)to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989).]

(3)The bodies referred to in subsection (2)(a) are—

(a)the General Medical Council,

(b)the General Dental Council,

(c)the General Optical Council,

(d)the General Osteopathic Council,

(e)the General Chiropractic Council,

[F29(f)the General Pharmaceutical Council,]

(g)subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

[F30(ga)the Nursing and Midwifery Council,

(gb)[F31the Health and Care Professions Council], ]

[F32(gc)Social Work England] and,

[F33(j)any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.]

[F34[F35(3A)A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including—

(a)a reference to Social Work England, or

(b)a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to social care workers in England.]

(3B)For the purposes of subsection (3A)—

  • “enactment” means an enactment contained in—

    (a)

    an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), or

    (b)

    subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and

  • [F36“social care workers in England” has the meaning given in section 60 of the 1999 Act.]]

(4)Schedule 7 (which makes further provision about the [F37Authority]) is to have effect.

(5)“This group of sections” means this section and sections [F3825A] to 29, and includes Schedule 7.

(6)In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) F39... of Schedule 3 to the 1999 Act.

Textual Amendments

F27Words in s. 25(2)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(1), 306(4); S.I. 2012/1319, art. 2(4)

F30S. 25(3)(ga)(gb) substituted (1.1.2009) for s. 25(3)(h)(i) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 17(2); S.I. 2008/3244, art. 2(i)(xii)

F38Word in s. 25(5) substituted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(2), 306(1)(d)(4); S.I. 2015/409, art. 2

F39Words in s. 25(6) repealed (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 17(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)(i)(xii)

Modifications etc. (not altering text)

C1S. 25(3)(g) excluded by 2003 c. 31, s. 5B(12)(a) (as inserted (31.10.2015) by Serious Crime Act 2015 (c. 9), ss. 74, 88(1); S.I. 2015/1809, reg. 2(a))

C2S. 25(3A) excluded by 2003 c. 31, s. 5B(12)(b) (as inserted (31.10.2015) by Serious Crime Act 2015 (c. 9), ss. 74, 88(1); S.I. 2015/1809, reg. 2(a))

Commencement Information

I6S. 25 wholly in force at 1.4.2003; s. 25 not in force at Royal Assent, see s. 42(3); s. 25 in force for certain purposes at 27.8.2002 and for certain further purposes at 1.12.2002 and in force at 1.4.2003 insofar as not already in force by S.I. 2002/2202, art. 2

[F4025AFunding of the Authority [F41by bodies other than Social Work England]U.K.

(1)The Privy Council must by regulations require each regulatory body [F42, other than Social Work England,] to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations.

(2)A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A.

(3)The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.

(4)Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations.

(5)The Authority must—

(a)comply with a request under subsection (4), but

(b)before doing so, consult the regulatory bodies.

(6)Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies.

(7)Having taken into account such representations as it receives from consultees, the Privy Council must—

(a)make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b)determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay.

(8)The Privy Council must—

(a)consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

(b)consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay.

(9)Having taken into account such representations as it receives from consultees, the Privy Council must—

(a)determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b)determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay.

(10)Regulations under this section requiring payment of a fee may make provision—

(a)requiring the fee to be paid within such period as is specified;

(b)requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

(c)for the recovery of unpaid fees or interest.

(11)The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative.

(12)Before making regulations under this section, the Privy Council must consult—

(a)the Authority,

(b)the regulatory bodies, and

(c)such other persons as it considers appropriate.]

Textual Amendments

F40S. 25A inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(1), 306(1)(d)(4); S.I. 2015/409, art. 2

[F4325AAFunding of the Authority by Social Work EnglandU.K.

(1)The Secretary of State must by regulations require Social Work England to pay the Authority periodic fees of such amount as the Secretary of State determines in respect of such of the Authority's functions in relation to Social Work England as are specified in the regulations.

(2)A reference in this section to the Authority's functions does not include a reference to its functions under section 26A.

(3)The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.

(4)Before determining the amount of a fee under the regulations, the Secretary of State must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations.

(5)The Authority must—

(a)comply with a request under subsection (4), but

(b)before doing so, consult Social Work England.

(6)Having received a proposal under subsection (5), the Secretary of State may consult Social Work England.

(7)Having taken into account any representations from Social Work England, the Secretary of State must—

(a)make a proposal as to the amount of funding that the Secretary of State considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and

(b)determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England would be required to pay.

(8)The Secretary of State must—

(a)consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

(b)consult Social Work England about the determination under subsection (7)(b) of the amount it would be required to pay.

(9)Having taken into account such representations as it receives from consultees, the Secretary of State must—

(a)determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and

(b)determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England is to be required to pay.

(10)Regulations under this section requiring payment of a fee may make provision—

(a)requiring the fee to be paid within such period as is specified;

(b)requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

(c)for the recovery of unpaid fees or interest.

(11)The regulations may enable the Secretary of State to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or Social Work England or on the Secretary of State's own initiative.

(12)Before making regulations under this section, the Secretary of State must consult—

(a)the Authority,

(b)Social Work England, and

(c)such other persons as the Secretary of State considers appropriate.]

Textual Amendments

F43S. 25AA inserted (15.1.2018 for the insertion of s. 25AA(12), 1.4.2018 in so far as not already in force) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 4; S.I. 2017/1217, reg. 2(b)(ii); S.I. 2018/346, reg. 4(cc)(ii)

[F4425BPower of the Authority to advise regulatory bodies etc.U.K.

(1)The Authority may, for the purpose of assisting the Authority in its performance of its functions under this group of sections, provide advice or provide auditing services to—

(a)a regulatory body;

(b)a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body.

(2)A body to which the Authority provides advice or auditing services under this section must pay such fee as the Authority may determine.

(3)In this section, “this group of sections” has the meaning given by section 25(5) but does not include section 26A.]

Textual Amendments

[F4525CAppointments to regulatory bodiesU.K.

(1)The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body.

(2)The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with—

(a)its exercise of any of its appointment functions in relation to a regulatory body;

(b)its exercise of its function under paragraph 4 of Schedule 7.

(3)The Privy Council may make arrangements with any other person to assist it in connection with—

(a)its exercise of any of its appointment functions in relation to a regulatory body;

(b)its exercise of its function under paragraph 4 of Schedule 7.

(4)The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(5)The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(6)The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph.

(7)In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland [F46or Social Work England].

(8)In this section, “appointment functions” means—

(a)in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),

(b)in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(c)in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(d)in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(e)in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(f)in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(g)in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and

(h)in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to [F47the Health Professions Order 2001] (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).

(9)A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function.]

Textual Amendments

[F4825DPower of regulatory bodies to establish voluntary registersU.K.

(1)A regulatory body [F49other than Social Work England] may establish and maintain a voluntary register of persons who are (and, where the body thinks appropriate, persons who have been)—

(a)unregulated health professionals;

(b)unregulated health care workers;

(c)unregulated social care workers in England;

(d)participating in studies that come within subsection (2) or (3).

(2)Studies come within this subsection if they are studies for the purpose of becoming a member of—

(a)a profession to which section 60(2) of the Health Act 1999 applies F50...

F50(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Studies come within this subsection if they are studies for the purpose of becoming—

(a)an unregulated health professional,

(b)an unregulated health care worker, or

(c)an unregulated social care worker in England.

(4)A regulatory body may establish and maintain a register under subsection (1)(a), (b) or (c) of only such persons as are (or have been) engaged in work that supports, or otherwise relates to, work engaged in by members of a profession which the body regulates; but this subsection does not apply to the Health and Care Professions Council.

(5)A regulatory body may establish and maintain a register under subsection (1)(d) of only such persons as are (or have been) participating in studies for the purpose of—

(a)in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates,

(b)in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or

(c)in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register.

(6)The General Pharmaceutical Council may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work or participating in studies in England, Wales or Scotland.

(7)The Pharmaceutical Society of Northern Ireland may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work, or are participating in studies, in Northern Ireland.

(8)A regulatory body may establish and maintain a register under subsection (1) jointly with one or more other regulatory bodies.

(9)Where regulatory bodies establish and maintain a register in reliance on subsection (8)—

(a)subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council),

(b)subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and

(c)subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies.

(10)But subsections (6) and (7) do not apply where the bodies concerned are or include the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland.

(11)Accordingly, in those circumstances, the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland may jointly establish and maintain a register of persons who are (and, where they consider appropriate, have been) engaged in work or participating in studies anywhere in the United Kingdom.

(12)A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine.

Textual Amendments

F50S. 25D(2)(b) and word omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 6(3); S.I. 2019/1436, reg. 2(r)

25ESection 25D: interpretationU.K.

(1)This section applies for the purposes of section 25D.

(2)“Voluntary register” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to—

(a)use a title,

(b)practise as a member of a profession,

(c)engage in work that involves the provision of health care,

(d)engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or

(e)participate in studies that come within section 25D(2) or (3).

(3)Where an enactment imposes a requirement of that kind which applies to part only of the United Kingdom, a register is to be regarded as a voluntary register in so far as it applies to any part of the United Kingdom to which the requirement does not apply.

(4)The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies—

(a)only to work or practice of a particular kind, and

(b)only when work or practice of that kind is engaged in for particular purposes.

(5)In subsections (2) to (4), “enactment” means an enactment contained in, or in an instrument made under—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)an Act or Measure of the National Assembly for Wales, or

(d)Northern Ireland legislation.

(6)“Unregulated health professional” means a member of a profession—

(a)which is concerned with the physical or mental health of individuals, but

(b)to which section 60(2) of the Health Act 1999 does not apply.

(7)“Unregulated health care worker” means a person engaged in work which—

(a)involves the provision of health care, but

(b)is not work which may be engaged in only by members of a profession.

(8)In subsections (2) and (7), “health care” includes—

(a)all forms of health care for individuals, whether relating to physical or mental health, and

(b)procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

(9)“Unregulated social care worker in England” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999.

F51(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

25FEstablishment of voluntary register: impact assessmentU.K.

(1)Before establishing a register under section 25D, a regulatory body—

(a)must make an assessment of the likely impact of doing so, and

(b)must consult such persons as it considers appropriate.

(2)In performing the duty under subsection (1)(a), the body must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.

(3)An assessment under this section must, in particular, include an assessment of the likely impact of establishing the register on—

(a)persons who would be eligible for inclusion in the register;

(b)persons who employ persons who would be eligible for inclusion in the register;

(c)users of health care [F52and users of social care in England].

(4)A regulatory body must publish any assessment it makes under this section.

(5)In deciding whether to establish a register under section 25D, a regulatory body must have regard to the assessment it made under this section in relation to the register.]

Textual Amendments

[F5325GPower of the Authority to accredit voluntary registersU.K.

(1)Where a regulatory body or other person maintains a voluntary register, the Authority may, on an application by the body or other person, take such steps as it considers appropriate for the purpose of establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation criteria”).

(2)Accreditation criteria may, in particular, relate to—

(a)the provision to the Authority of information in connection with the establishment, operation or maintenance of register;

(b)publication of the names of persons included in the register or who have been removed from the register (whether voluntarily or otherwise);

(c)the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal from the register.

(3)If the Authority is satisfied that a voluntary register meets the accreditation criteria, it may accredit the register.

(4)The Authority may carry out periodic reviews of the operation of registers accredited under this section for the purpose of establishing whether they continue to meet the accreditation criteria.

(5)If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation of the register.

(6)The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine.

(7)The Authority must publish such accreditation criteria as it sets.

(8)The Authority may publish a list of registers accredited under this section.

(9)“Voluntary register” has the meaning given in section 25E.

[F54(10)In this section “regulatory body” does not include Social Work England.]

Textual Amendments

25HAccreditation of voluntary register: impact assessmentU.K.

(1)Before accrediting a register under section 25G, the Authority—

(a)must make an assessment of the likely impact of doing so, and

(b)must consult such persons as it considers appropriate.

(2)For that purpose, the Authority must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.

(3)An assessment under this section must, in particular, include an assessment of the likely impact of accrediting the register on—

(a)persons who are, or are eligible to be, included in the register;

(b)persons who employ persons who are, or are eligible to be, included in the register;

(c)users of health care [F55and users of social care in England].

(4)For the purposes of subsection (3), the Authority may request the person who maintains the register to provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority may refuse to accredit the register.

(5)The Authority may publish any assessment it makes under this section.

(6)In deciding whether to accredit a register under section 25G, the Authority must have regard to its assessment under this section in relation to the register.

Textual Amendments

25IFunctions of the Authority in relation to accredited voluntary registersU.K.

(1)The Authority has the following functions—

(a)to promote the interests of users of health care, users of social care in England F56... and other members of the public in relation to the performance of voluntary registration functions,

(b)to promote best practice in the performance of voluntary registration functions, and

(c)to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles.

(2)In this section—

(a)a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and

(b)“accredited voluntary register” means a register accredited under section 25G”.]

Textual Amendments

26 Powers and duties of the [F57Authority]: generalU.K.

(1)Except as mentioned in subsections (3) to (6), the [F58Authority] may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2)The [F58Authority] may, for example, do any of the following—

(a)investigate, and report on, the performance by each regulatory body of its functions,

(b)where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,

(c)recommend to a regulatory body changes to the way in which it performs any of its functions.

[F59(2A)A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions.]

(3)The [F58Authority] may not do anything in relation to the case of any individual in relation to whom—

(a)there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or

(b)an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

[F60(3A)A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions.]

[F61(4)Subsection (3) does not prevent the [F58Authority] from—

(a)taking action under section 28,

(b)where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, or

(c)investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases.]

[F62(4A)For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A).]

F63(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F64The Authority] may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—

(a)conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),

(b)conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or

(c)otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

F65(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted—

“(c)modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals,

(d)modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions,

(e)modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.”

(10)In Schedule 3 to the 1999 Act (which makes further provision about orders under section 60 of that Act), in paragraph 7, after sub-paragraph (3) there is inserted—

“(4)An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.”

(11)In subsections (3) and (4), “proceedings”, in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.

F67(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(13)In this section, “voluntary registration functions” is to be construed in accordance with section 25I.]

Textual Amendments

[F6926APowers of Secretary of State and devolved administrationsU.K.

(1)The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the [F70Authority] for advice on any matter connected with a profession appearing to the person making the request to be a health care profession; and the [F70Authority] must comply with such a request.

[F71(1A)The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request.]

[F72(1B)The Secretary of State may request the Authority for advice on any matter connected with accreditation of registers under section 25G; and the Authority must comply with such a request.

(1C)The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D); and the Authority must comply with such a request.

(1D)The registers are registers of persons who are or have been—

(a)unregulated social care workers in England,

F73(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)participating in studies for the purpose of becoming an unregulated social care worker in England.

[F74(1E)In subsection (1D), “unregulated social care worker in England” has the meaning given in section 25E.]]

(2)The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may require the [F70Authority] to investigate and report on a particular matter in respect of which the [F75Authority's] functions are exercisable.

[F76(2A)A person to whom the Authority gives advice, or for whom it investigates and reports on a matter, under this section must pay such fee as the Authority determines; and the fee may be charged by reference to the advice or the investigation and report concerned or on a periodic basis.]

(3)In this section[F77—

  • “health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and

  • “the relevant Northern Ireland department” means the Department of Health, Social Services and Public Safety in Northern Ireland Public Safety in Northern Ireland.]]

Textual Amendments

[F7826BDuty to inform and consult the publicU.K.

(1)For the purpose of ensuring that members of the public are informed about the [F79Authority] and the exercise by it of its functions, the [F79Authority] must publish or provide in such manner as it thinks fit information about the [F79Authority] and the exercise of its functions.

[F80(1A)The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions.

(1B)For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions.

(1C)For the purposes of this section, the Authority's accreditation functions are—

(a)its functions under sections 25G to 25I,

(b)its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and

(c)its function under section 26A(1B).]

(2)Nothing in subsection (1) [F81or (1B)] authorises or requires the publication or provision of information if the publication or provision of that information—

(a)is prohibited by any enactment, or

(b)would constitute or be punishable as a contempt of court.

(3)In subsection (2) “enactment” has the same meaning as in Part 2 of the Health and Social Care Act 2008.

(4)The [F82Authority] must from time to time seek the views of—

(a)members of the public, and

(b)bodies which appear to the [F82Authority] to represent the interests of [F83users of health care, users of social care in England or users of social work services in England],

on matters relevant to the exercise by it of its functions [F84(other than its accreditation functions)].]

Textual Amendments

F83Words in s. 26B(4)(b) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(6), 306(4); S.I. 2012/1831, art. 2(2)

27 Regulatory bodies and the [F85Authority] U.K.

(1)Each regulatory body must in the exercise of its functions co-operate with the [F86Authority].

(2)If the [F86Authority] considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body [F87other than Social Work England] to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.

(3)[F88The Authority] may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.

(4)The [F89Authority] must send a copy of any such directions to the relevant authority.

(5)The relevant authority is the [F90Privy Council] or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.

(6)The directions do not come into force until the date specified in an order made by the relevant authority.

(7)The [F91Privy Council] must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—

(a)setting out any directions F92... it receives pursuant to subsection (4), and

(b)specifying the date on which the directions are to come into force.

(8)Subsections (4) to (7) apply also to—

(a)directions varying earlier directions, and

(b)directions revoking earlier directions, and given after—

(i)both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)

(ii)the Northern Ireland Assembly has done so.

(9)Subsections (4) and (5) apply also to directions—

(a)revoking earlier directions, but

(b)which do not fall within subsection (8)(b),

but subsections (6) and (7) do not apply to such directions.

(10)If the [F93Authority] gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.

(11)A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.

(12)A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.

(13)The [F94Privy Council] shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).

(14)The regulations must, in particular, make provision requiring the [F95Authority] to consult a regulatory body before giving directions relating to it under subsection (2).

(15)In this section—

(a)“making” rules includes amending or revoking rules, and

(b)“rules” includes regulations, byelaws and schemes.

Textual Amendments

F92Words in s. 27(7)(a) omitted (4.6.2018) by virtue of Health and Social Care Act 2012 (c. 7), ss. 223(8)(b), 306(4); S.I. 2018/617, art. 2(a)

F94Words in s. 27(13) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 223(7), 306(4); S.I. 2018/617, art. 2(a)

Commencement Information

I7S. 27 wholly in force at 1.4.2003; s. 27 in force for certain purposes at Royal Assent, see s. 42(3); s. 27 in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)(c)

28 Complaints about regulatory bodiesU.K.

(1)[F96The Privy Council] may make provision in regulations about the investigation by the [F97Authority] of complaints made to it about the way in which a regulatory body [F98other than Social Work England] has exercised any of its functions.

(2)The regulations may, in particular, make provision as to—

(a)who (or what description of person) is entitled to complain,

(b)the nature of complaints which the [F99Authority] must (or need not) investigate,

(c)matters which are excluded from investigation,

(d)requirements to be complied with by a person who makes a complaint,

(e)the procedure to be followed by the [F100Authority] in investigating complaints,

(f)the making of recommendations or reports by the [F100Authority] following investigations,

(g)the confidentiality, or disclosure, of any information supplied to the [F100Authority] or acquired by it in connection with an investigation,

(h)the use which the [F100Authority] may make of any such information,

(i)the making of payments to any persons in connection with investigations,

(j)privilege in relation to any matter published by the [F101Authority] in the exercise of its functions under the regulations.

(3)The regulations may also make provision—

(a)empowering the [F102Authority] to require persons to attend before it,

(b)empowering the [F102Authority] to require persons to give evidence or produce documents to it,

(c)about the admissibility of evidence,

(d)enabling the [F103Authority] to administer oaths.

(4)No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the [F104Authority] which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.

Textual Amendments

F96Words in s. 28(1) substituted (16.3.2015) by Health and Social Care Act 2012 (c. 7), ss. 225(2), 306(4); S.I. 2015/409, art. 2

F100Words in s. 28(2)(e)(f)(g)(h) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(f); S.I. 2012/2657, art. 2(3)

Commencement Information

I8S. 28 partly in force; s. 28 in force for certain purposes at Royal Assent, see s. 42(3)

29 Reference of disciplinary cases by [F105Authority] to courtU.K.

(1)This section applies to—

[F106(a)a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),]

(b)a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,

[F107(c)a direction by [F108a Medical Practitioners Tribunal] of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired F109...,]

[F110(ca)a direction by a Medical Practitioners Tribunal of the General Medical Council under paragraph 5A(3D) or 5C(4) of Schedule 4 to the Medical Act 1983 for suspension of a person’s registration or for conditional registration,]

[F111(e)a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired F112...,]

[F113(f)a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee) F114...;]

[F115(g)any step taken—

(i)by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

(ii)by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),]

[F116(h)any step taken—

(i)by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

(ii)by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),]

(i)any corresponding measure taken in relation to a nurse [F117or midwife under the Nursing and Midwifery Order 2001],

[F118(j)any corresponding measure taken in relation to a member of a profession regulated by [F119the Health Professions Order 2001], under that Order.]

(2)This section also applies to—

(a)a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,

(b)any corresponding decision taken in relation to a nurse [F120or midwife under the Nursing and Midwifery Order 2001], or to any such person as is mentioned in subsection (1)(j) and

(c)a decision of the relevant regulatory body, or one of its committees or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).

[F121(2A)This section also applies to any steps or decisions which are taken by Social Work England (or any of its committees or officers) in connection with fitness to practise or discipline and which are of a description specified in regulations made by the Secretary of State.]

(3)The things to which this section applies are referred to below as “relevant decisions”.

[F122(4)Where a relevant decision is made, the Authority may refer the case to the relevant court if it considers that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public.

(4A)Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—

(a)to protect the health, safety and well-being of the public;

(b)to maintain public confidence in the profession concerned; and

(c)to maintain proper professional standards and conduct for members of that profession.]

[F123(5)In subsection (4) [F124(subject to subsection (5A))], the “relevant court” —

(a)in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,

(b)in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.]

[F125(5A)In relation to something that is a relevant decision as a result of subsection (2A), “the relevant court” means the High Court of Justice in England and Wales.]

(6)[F126The Authority] may not so refer a case after the end of the period of[F127—

(a)][F12840 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision][F129, or

(b)in the case of a relevant decision against which it is not possible for the practitioner concerned to appeal, 56 days beginning with the day on which notification of the decision was served on the person to whom the decision relates].

(7)If the [F130Authority] does so refer a case—

(a)the case is to be treated by the court to which it has been referred as an appeal by the [F130Authority] against the relevant decision (even though the [F130Authority] was not a party to the proceedings resulting in the relevant decision), and

(b)the body which made the relevant decision [F131(as well as the person to whom the decision relates)] is to be a respondent.

[F132(7A)In a case where the relevant decision is taken by a committee, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the body of which it is a committee.]

(8)The court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the relevant decision,

(c)substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or

(d)remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court [F133or, in the case of a relevant decision within subsection (1)(c) or (ca) or a relevant decision within subsection (2)(a) or (c) not to take a disciplinary measure under a provision referred to in subsection (1)(c) or (ca), remit the case to the Medical Practitioners Tribunal Service for them to arrange for a Medical Practitioners Tribunal so to dispose of the case],

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

[F134(9)Where rules under paragraph 1 of Schedule 4 to the Medical Act 1983 provide, by virtue of paragraph 1(2E) of that Schedule, for the application of section 35D of that Act, the reference in subsection (1)(c) of this section to section 35D of that Act includes a reference to that section as so applied.

(10)The reference in subsection (1)(ca) to paragraph 5A(3D) of the Medical Act 1983 includes a reference to that provision as applied by section 35A(6E) of that Act.]

Textual Amendments

F107S. 29(1)(c) substituted for s. 29(1)(c)(d) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 13 (with Sch. 2)

F111S. 29(1)(e) substituted (coming into force in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008) of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 6 para. 4 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F113S. 29(1)(f) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 13 (with Sch. 2)

F121S. 29(2A) inserted (1.4.2018 for specified purposes, 2.12.2019 in so far as not already in force) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 4 para. 15(2); S.I. 2018/346, reg. 4(cc)(iv); S.I. 2019/1436, reg. 2(r)

Modifications etc. (not altering text)

[F13529A.References under section 29: role of the General Medical CouncilU.K.

(1)If the Authority makes a reference under section 29 of a case involving a relevant decision such as is mentioned in subsection (8)(d) of that section—

(a)the Authority must without delay give the General Medical Council notice of the reference; and

(b)the General Medical Council may not bring an appeal under section 40A of the Medical Act 1983 against the decision.

(2)Where the General Medical Council is the respondent in the case of a reference under section 29, the matters which it may raise on the reference include any matter that it could have raised on an appeal against the relevant decision under section 40A of the Medical Act 1983.

(3)If the General Medical Council is the respondent in the case of a reference under section 29, and the Authority either wishes to withdraw the reference or, having agreed the terms of a settlement of the case with the person to whom the relevant decision relates, wishes the case to be disposed of on those terms, the Authority must give notice of its wish to the Council.

(4)The General Medical Council, having received a notice under subsection (3), must by notice inform the relevant court, the Authority and the person concerned whether it wishes the proceedings on the reference to continue.

(5)Where the General Medical Council gives notice under subsection (4) that it wishes the proceedings to continue, they are to continue but, from the time when the Council gives its notice to the relevant court under subsection (4), are to be treated as proceedings on an appeal made by the Council under section 40A of the Medical Act 1983.

(6)In a case within subsection (5), the General Medical Council must give notice to the relevant court, the Authority and the person concerned specifying the grounds of its case; and—

(a)the person concerned has the opportunity to respond accordingly, and

(b)the Authority has the opportunity to become a party to the appeal by virtue of section 40B(2) of the Medical Act 1983.

(7)A requirement in this section to give a notice to a specified person is in addition to such requirements as are imposed by rules of court in relation to the persons to whom notice is to be given; and the giving of notice under this section is subject to such other requirements relating to the giving of notices as are imposed by rules of court.

(8)In this section, “relevant court” and “relevant decision” each have the same meaning as in section 29.]

Textual Amendments

AppealsU.K.

30 Medical practitionersU.K.

(1)The Medical Act 1983 (c. 54) is amended as follows.

(2)In section 40 (appeals)—

(a)in subsection (1), paragraph (c) is omitted,

(b)after subsection (1), there is inserted—

“(1A)A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.”,

(c)for subsection (3) there is substituted—

“(3)A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.

(3A)In subsection (3), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.

(3B)A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.”,

(d)subsections (4) to (6), (9) and (10) are omitted, and

(e)for subsections (7) and (8) there is substituted—

“(7)On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the direction or variation appealed against,

(c)substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or

(d)remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(8)On an appeal under this section from the General Council, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the direction appealed against, or

(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.”

(3)In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)—

(a)in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted “ the court (or the sheriff) ”,

(b)in paragraph 10(1)—

(i)for “section 37 of this Act and” there is substituted “ section 37 of this Act, ”,

(ii)after “or 37 of this Act”, there is inserted “ and a direction for erasure given by the General Council under section 39 of this Act ”, and

(iii)in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted “ specified in that section ”,

(c)paragraph 10(2) is omitted, and

(d)in paragraph 10(3)—

(i)“or (2)” is omitted,

(ii)“or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,

(iii)for “mentioned in section 40(3)” there is substituted “ specified in section 40 ”, and

(iv)for “mentioned in the said section 40(3)” there is substituted “ specified in section 40 of this Act ”.

31 DentistsU.K.

(1)The Dentists Act 1984 (c. 24) is amended as follows.

(2)In section 29 (appeals)—

(a)in subsection (1), for the words from “to Her” to the end there is substituted “ against that determination or direction to the relevant court. ”,

(b)after subsection (1) there is inserted—

“(1A)In subsection (1), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.”,

(c)subsection (2) is omitted, and

(d)for subsection (3) there is substituted—

“(3)On an appeal under this section, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the determination or direction appealed against,

(c)(in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or

(d)remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”

(3)In section 44 (withdrawal of privilege from body corporate)—

(a)in subsection (4)—

(i)after “days” there is inserted “ from service ”, and

(ii)for the words from “in accordance” to “Majesty in Council” there is substituted “ appeal to the relevant court ”, and

(b)after subsection (4) there is inserted—

“(4A)In subsection (4), “the relevant court”—

(a)where the registered office of the body corporate is in Northern Ireland, means the High Court of Justice in Northern Ireland,

(b)where the registered office of the body corporate is in Scotland, means the Court of Session,

(c)where the registered office of the body corporate is in any other place, means the High Court of Justice in England and Wales.”

(4)In section 51, the words from “(other” to “appeals)” are omitted.

(5)In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted “ under section 29 above to the relevant court ”.

(6)Subsection (5) has effect—

(a)upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),

(b)otherwise, immediately after the coming into force to that extent of that article.

(7)If this section comes into force before article 10(3) of the Dentists Order—

(a)paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and

(b)until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).

(8)The modifications are that section 29 is to be read as if—

(a)in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,

(b)in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and

(c)in paragraph (d) of subsection (3)—

(i)for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted “ or the Health Committee ”, and

(ii)the words “or Schedule 3A to this Act” were omitted.

32 OpticiansU.K.

(1)Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.

(2)For subsection (1) there is substituted—

“(1)An individual or body corporate who is notified under subsection (11) of section 17—

(a)that a disciplinary order has been made against him under that section; or

(b)that a direction has been given in respect of him under subsection (9) of that section,

may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that order or direction to the relevant court.

(1A)In subsection (1), “the relevant court”—

(a)in the case of an individual whose address in the register is in Scotland, or a body corporate whose registered office is in Scotland, means the Court of Session,

(b)in the case of an individual whose address in the register is in Northern Ireland, or a body corporate whose registered office is in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other individual or body corporate, means the High Court of Justice in England and Wales.

(1B)An individual or body corporate who is notified under subsection (3) of section 19 above that a direction has been given in respect of him under that section may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that direction to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register or (as the case may be) the registered office is situated.

(1C)On an appeal under this section, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the order or direction appealed against,

(c)substitute for the order or direction appealed against any other order or direction which could have been made by the Disciplinary Committee, or

(d)remit the case to the Disciplinary Committee to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(3)In subsection (2), for “any such appeal”, where it first appears, there is substituted “ any appeal under this section ”.

33 OsteopathsU.K.

(1)The Osteopaths Act 1993 (c. 21) is amended as follows.

(2)In section 10 (fraud or error in relation to registration)—

(a)in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

(b)for subsection (8) there is substituted—

“(8)Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).”,

(c)subsection (10) is omitted, and

(d)for subsection (11) there is substituted—

“(11)On an appeal under this section, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the order appealed against, or

(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(3)In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(4)In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(5)In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

“(4)A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A)On an appeal under subsection (4) above, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(6)In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

(a)in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

(b)after subsection (1) there is inserted—

“(1A)In subsection (1), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.”,

(c)subsections (3) to (5) and (7) are omitted, and

(d)for subsection (8) there is substituted—

“(8)On an appeal under this section, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d)remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”

(7)In section 35 (rules), subsection (3) is omitted.

34 ChiropractorsU.K.

(1)The Chiropractors Act 1994 (c. 17) is amended as follows.

(2)In section 10 (fraud or error in relation to registration)—

(a)in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

(b)for subsection (8) there is substituted—

“(8)Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).”,

(c)subsection (10) is omitted, and

(d)for subsection (11) there is substituted—

“(11)On an appeal under this section, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the order appealed against, or

(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(3)In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(4)In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(5)In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

“(4)A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A)On an appeal under subsection (4) above, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(6)In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

(a)in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

(b)after subsection (1) there is inserted—

“(1A)In subsection (1), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.”,

(c)subsections (3) to (5) and (7) are omitted, and

(d)for subsection (8) there is substituted—

“(8)On an appeal under this section, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d)remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”

(7)In section 35 (rules), subsection (3) is omitted.

The pharmacy professionU.K.

35 Regulation of the profession of pharmacyU.K.

In Schedule 3 to the 1999 Act (which makes provision in relation to orders under section 60 of that Act regulating health care and associated professions), in paragraph 2, for sub-paragraphs (2) and (3) there is substituted—

“(2)But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.”

Part 3 U.K. Miscellaneous

F13636 Amendments of health service legislation in connection with consolidationU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

37 Minor and consequential amendments and repealsU.K.

(1)The minor and consequential amendments specified in Schedule 8 are to have effect.

(2)The enactments specified in Schedule 9 are repealed to the extent specified.

Commencement Information

I9S. 37 partly in force; s. 37 not in force at Royal Assent, see s. 42(3); s. 37(1) in force for specified purposes for E.W. at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for specified purposes for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b); s. 37 in force for specified purposes for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.; s. 37(1) in force for specified purposes for E. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(c); s. 37(2) in force for specified purposes for E.W. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(d); s. 37 in force for specified purposes at 1.4.2003 by S.I. 2003/833, art. 3(b)(c) (with art. 4)

I10S. 37(1) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(b)

I11S. 37(1) in force at 1.9.2003 for specified purposes by S.I. 2003/2246, art. 2(b)

I12S. 37(2) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(c)

38 Regulations and ordersU.K.

(1)Any power under this Act to make any order or regulations is (except in the case of orders under section 22(5)) exercisable by statutory instrument or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2)A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than [F137regulations under 29(2A) or] F138... an order under section F139... F140... 42(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)A statutory instrument containing regulations under section 28 [F141or 29(2A)] F142... or an order of [F143the Privy Council] under section 27, shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

[F144(3A)A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3B)Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)).

(3C)Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.

(3D)Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.]

[F145(3E)A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament.]

[F146(3F)A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.]

(4)No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly.

[F147(4A)The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council.]

(5)Any power under this Act to make any order or regulations may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition.

(6)Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(7)Any such power includes power—

(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient, and

(b)to provide for a person to exercise a discretion in dealing with any matter.

(8)Subsections (5) to (7) do not apply to orders under section 27.

(9)Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7).

(10)Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing.

(11)Any power sconferred by this Act to give directions [F148by instrument in writing] includes power to vary or revoke them by subsequent directions.

Textual Amendments

F138Words in s. 38(2) omitted (16.3.2015) by virtue of Health and Social Care Act 2012 (c. 7), ss. 225(3), 306(4); S.I. 2015/409, art. 2

F144S. 38(3A)-(3D) inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(3), 306(1)(d)(4); S.I. 2015/409, art. 2

F147S. 38(4A) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 230(5), 306(1)(d)(4); S.I. 2012/1319, art. 2(4)

F148Words in s. 38(11) omitted (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 1 para. 9 (with art. 4)

39 Supplementary and consequential provision etcU.K.

(1)The Secretary of State may by regulations make—

(a)such supplementary, incidental or consequential provision, or

(b)such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, or in consequence of or for giving full effect to any provision of this Act.

(2)The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document, including an enactment contained in an Act passed in the same session as this Act.

(3)The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

(4)Nothing in this Act shall be read as affecting the generality of subsection (1).

Modifications etc. (not altering text)

40 WalesU.K.

(1)In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended.

(2)Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.

41 Financial provisionsU.K.

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State in consequence of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

42 Short title, interpretation, commencement and extentU.K.

(1)This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002.

(2)In this Act—

  • F149...

  • “the 1999 Act” means the Health Act 1999 (c. 8),

  • F149...

(3)This Act, apart from—

(a)this section and sections 38 to 41, and

(b)any other provision of this Act so far as it confers any power to make an order or regulations under this Act,

shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes.

(4)In subsection (3), the “appropriate authority” is—

(a)in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State,

(b)in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales,

(c)in relation to sections 6, 9 and 24, the National Assembly for Wales,

(d)in relation to sections 10 and 23—

(i)the Secretary of State, in relation to England, and

(ii)the National Assembly for Wales, in relation to Wales,

(e)in relation to section 37—

(i)the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a),

(ii)the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b),

(iii)the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c),

(iv)otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales.

(5)Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only.

(6)The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

(7)[F150Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only.]

(8)The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

Subordinate Legislation Made

P1S. 42(3) power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2002/2202, arts. 2, 3; 1.10.2002 appointed for specified provisions and purposes by S.I. 2002/2478, arts. 3, 5 (with arts. 2(2), 3(3), 4)

S. 42(3)(4)(c)(d)(e)(iii)(iv) power partly exercised: 10.10.2002 appointed for specified provisions and purposes by S.I. 2002/2532, art. 2, Sch.

S. 42(3) power partly exercised: 1.1.2003 appointed for specified provisions and purposes by S.I. 2002/3190, art. 2; 1.4.2003 appointed for specified provisions and purposes by S.I. 2003/833, arts. 2, 3 (with art. 4)

Textual Amendments

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