The Health Care and Associated Professions (Knowledge of English) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision principally to introduce language controls for certain health care professionals who are nationals of an EEA State or Switzerland or who have equivalent rights (“exempt persons”).

The controls are being introduced in relation to dentists, dental care professionals, nurses and midwives in the United Kingdom, pharmacists and pharmacy technicians in Great Britain and pharmaceutical chemists in Northern Ireland (pharmacy technicians are not regulated in Northern Ireland).

In order to make such provision, this Order amends:-

(a) the Pharmacy (Northern Ireland) Order 1976 (1976/1213 (N.I. 22) (in Part 2 of this Order);

(b) the Dentists Act 1984 (c.24) (in Part 3 of this Order);

(c) the Nursing and Midwifery Order 2001 (S.I. 2002/253) (in Part 4 of this Order); and

(d) the Pharmacy Order 2010 (S.I. 2010/231) (in Part 5 of this Order).

The Nursing and Midwifery Council (for nurses and midwives), the General Dental Council (for dentists and dental care professionals), the General Pharmaceutical Council (for pharmacists and pharmacy technicians in Great Britain) and the Pharmaceutical Society of Northern Ireland (for pharmaceutical chemists in Northern Ireland) are the regulators who will be responsible for applying the controls to the health care professions they regulate (“relevant regulators”).

The controls are being introduced to ensure that before such health care professionals can lawfully practise in the United Kingdom, they demonstrate to the relevant regulator that they have a knowledge of English which, in the interests of themselves and their patients, is necessary for the practise of the health care profession they seek to practise in the United Kingdom. This is referred to in the Order as having “the necessary knowledge of English” (see articles 5, 28, 43 and 45).

This Order:-

(a) Removes current restrictions on a relevant regulator imposing language controls on exempt persons, and introduces a new registration requirement for all applicants, including those who are UK nationals, of having the necessary knowledge of English (see, for example, articles 7, 12, 14, 20, 34(2) and 46);

(b) Regulates the language controls that a relevant regulator can impose on such applicants (see, for example, articles 8, 13, 21, 33 and 49);

(c) Requires a relevant regulator to issue a letter recognising the qualifications of exempt persons in cases where registration cannot proceed because the language skills of an applicant who is an exempt person need to be investigated further (see, for example, articles 9, 16, 34(3), and 50(2));

(d) Adds a new ground for fitness to practise proceedings of not having the necessary knowledge of English (see, for example, articles 10, 17, 24, 37 and 53);

(e) Provides for knowledge of English assessments in connection with fitness to practise proceedings, and certain restoration cases which are being considered by a fitness to practise panel or committee (see, for example, articles 10, 19, 26, 38 and 55);

(f) Amends certain time limits in relation to giving a decision on an application for registration so that it is clear as to how the time limits will operate when further investigations as to language knowledge need to be carried out (see, for example, articles 16(3) and (4), 21(8), 34(5) and (6) and 50(5) and (6)); and

(g) Amends appeal rights to ensure that there is a right of appeal where appropriate against certain decisions that can be made in respect of applicants as regards language controls (see, for example, articles 29, 31, 41 and 51).

A full impact assessment has not been produced for this instrument as no or no significant impact on the private sector or civil society organisations is foreseen. A report on the consultation in relation to the Secretary of State’s proposals to make this Order is available at https://www.gov.uk/government/consultations/language-controls-for-healthcare-and-associated-professions. Hard copies of that report can be obtained from “Professional Standards Division, Department of Health, Quarry House, Leeds, LS2 7UE”.