The Health Professions Council (Practice Committees and Registration) (Amendment) Rules Order of Council 2005

Explanatory Note

(This note is not part of the Order)

This Order, which is made under the Health Professions Order 2001, approves Rules (“the Amending Rules”) made by the Health Professions Council.

Rule 3 of the Amending Rules amends the Health Professions Council (Practice Committees) (Constitution) Rules 2003 (as Scheduled to S.I. 2003/1209). The amendments provide for Committee Members to have fixed two year terms in office, unless their term of office on the Health Professions Council ends earlier. Secondly, they reduce the minimum number of Practice Committee meetings from four to two in each year. Thirdly, they provide that resolutions may be passed electronically.

Rules 4 and 5 of the Amending Rules amend the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003 (as Scheduled to S.I. 2003/1575), the Health Professions Council (Health Committee) (Procedure) Rules 2003 (as Scheduled to S.I. 2003/1576), and the Health Professions Council (Investigating Committee) (Procedure) Rules 2003 (as Scheduled to S.I. 2003/1574). The amendments introduce the definition of the term Presenting Officer, which includes a solicitor or counsel. Secondly, they provide for the joinder of allegations against a health professional, or the joinder of allegations against two or more health professionals. Thirdly, they set out provisions relating to who may be treated as a vulnerable witness and the adoption by the Committees of such measures as they consider necessary to enable them to receive evidence from a vulnerable witness. Finally, they allow the Committees to exclude a person whose conduct is disruptive from the hearing.

Rule 6 of the Amending Rules amends the Health Professions Council (Registration and Fees) Rules 2003 (as Scheduled to S.I. 2003/1572 and amended by rules Scheduled to S.I. 2004/2524) (“the Registration and Fees Rules”). The amendments remove the actual forms for registration or renewal of registration, and forms for character and health references from the Schedules to the Registration and Fees Rules. Instead the new Schedules now indicate the type of information and supporting documentation required for registration, renewal of registration and for the character and health references. Secondly, the amendments clarify the requirements placed upon a person who is affected by prescribed periods relating to additional education, training and experience, prior to being admitted or re-admitted to the register, or having his registration renewed. Lastly, the amendments set out the requirements in respect of post-registration training which have to be met by a health professional.