Health and Social Care Act 2008

109 OHPA rules: supplementary

(1) This section applies to the power of the OHPA to make rules under any of sections 100, 101, 103, 104, 105 and 107.

(2) The power may be exercised—

(a) so as to make different provision for different cases or different classes of case or different provision in respect of the same case or class of case for different purposes of this Act,

(b) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or

(c) so as to make any supplementary, incidental, consequential, transitional, transitory or saving provision which the OHPA considers necessary or expedient.

(3) Before making rules the OHPA must consult—

(a) the Council for Healthcare Regulatory Excellence,

(b) if the rules affect the profession regulated by the Medical Act 1983, the General Medical Council and any other bodies which appear to the OHPA to represent that profession,

(c) if the rules affect the professions regulated by the Opticians Act 1989, the General Optical Council and any other bodies which appear to the OHPA to represent those professions,

(d) bodies which appear to the OHPA to represent the interests of patients, and

(e) such other persons as the OHPA considers appropriate.

(4) Rules do not come into force until they have been approved by order of the Privy Council.

(5) The Privy Council may approve rules—

(a) as submitted to them, or

(b) subject to such modifications as appear to them to be necessary.

(6) Where the Privy Council propose to approve rules subject to modifications, they must—

(a) notify the OHPA of the modifications they propose to make, and

(b) consider any observations which the OHPA may make on the modifications.