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Health and Social Care Act 2008

Amendments of Part 3 of Health Act 1999

Section 111: Extension of powers under s.60 of Health Act 1999

337.Section 60 of the Health Act 1999 allows Her Majesty, by Order in Council, to modify the regulation of the existing regulated healthcare professions and to bring other healthcare professions into statutory regulation. An Order made under section 60 may repeal or revoke any enactment or instrument, amend it, or replace it (subject to the restrictions in paragraphs 7 and 8 of Schedule 3 to the Health Act 1999). The Government must consult on draft Orders prior to them being laid before Parliament. The Orders are subject to the affirmative procedure. Orders which make provision for professions whose regulation is not a “reserved matter” for the purposes of the Scotland Act 1998 (in effect, those made subject to statutory regulation since 1 July 1999) are subject to affirmative procedure in the Scottish Parliament (as well as at Westminster).

338.Section 111 brings into effect Schedule 8 which amends section 60 of, and Schedule 3 to, the Health Act 1999. The effect of the amendments is to extend the powers available under section 60.

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