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National Health Service Reform and Health Care Professions Act 2002

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26 Powers and duties of the Council: generalE+W+S+N.I.

This section has no associated Explanatory Notes

(1)Except as mentioned in subsections (3) to (6), the Council 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 Council 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.

(3)The Council 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.

(4)Subsection (3) does not prevent the Council from taking action under section 28 or 29, but action under section 29 may be taken only after the regulatory body’s proceedings have ended.

(5)The Council may not do anything in relation to the functions of the Royal Pharmaceutical Society of Great Britain (or its Council, [F1a member of its staff or one of its committees]) unless those functions are—

[F2(a)conferred on the Society (or its Council, a member of its staff or one of its committees) by or by virtue of the Pharmacists and Pharmacy Technicians Order 2007,]

(b)conferred as mentioned in paragraph (a) by, or by virtue of, [F3another Order in Council] under section 60 of the 1999 Act, or

[F4(c)otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007.]

(6)The Council 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.

(7)The Secretary of State, the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland may ask the Council for advice on any matter connected with a profession appearing to him or them to be a health care profession.

(8)The Council must comply with such a request.

(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.

(12)In this section, “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.

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Amendments (Textual)

F1Words in s. 26(5) substituted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 8(2)(a)

F2S. 26(5)(a) substituted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 8(2)(b)

F3Words in s. 26(5)(b) substituted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 8(2)(c)

F4S. 26(5)(c) substituted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 8(2)(d)

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