National Health Service Reform and Health Care Professions Act 2002

National Health Service Reform and Health Care Professions Act 2002

2002 CHAPTER 17

Commentary on Sections

Part 2: Health care professions

The Council for the Regulation of Health Care Professionals

Section 27: Regulatory bodies and the Council

155. Section 27 provides underpinning powers for the Council and duties on the regulatory bodies, in order to ensure that the Council can do its work effectively.

156. Subsection (2) provides the Council with a reserve power to direct a regulatory body to make rules for a particular purpose.  One situation in which it is envisaged that this power might be used is where the Council felt that consistency between the fitness to practise rules of all regulators was essential for the protection of members of the public.

157. Subsection (3) limits the effect of this section to the more important types of rules which regulatory bodies can make, those where the rule-making powers created in their different enactments require the permission of the Privy Council before they come into force (or in the case of the Pharmaceutical Society of Northern Ireland, require the permission of the Department of Health, Social Services and Public Safety in Northern Ireland). These mostly have to do with the maintenance of the professional register and fitness to practise issues.

158. Subsections (4) to (10) (read in conjunction with section 38(3) and (4)) provide for control over the Council’s use of directions by stating that if a direction is made, it does not come into force until both Houses of Parliament (or, in the case of the Pharmaceutical Society of Northern Ireland, the Northern Ireland Assembly) have approved an Order laid before them setting a date for it to come into force.

159. Subsection (11) places a regulatory body under a duty to comply with directions which have come into force.  If a regulator refused to comply with a direction made under this section, it would be open to the Council to seek, by way of judicial review, an appropriate declaration or order from the Court.

160. Subsection (12) ensures that a regulatory body is not in breach of the obligation to comply under subsection (11) merely because a court has interpreted the rules (made to comply with a direction) in a manner which means that the rules did not in fact give effect to that direction.

161. Subsections (13) and (14) require the Secretary of State to make regulations concerning the procedure to make a direction and providing that such regulations must include provision that a direction may only be made after consultation with the regulatory body in question.