SCHEDULE 4 Amendments to and revocations of subordinate legislation

PART 2 Amendments relating to barring entries

21 Amendment of the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003
In rule 10 of the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003, in paragraph (1), after sub-paragraph (d) insert the following sub-paragraphs—

“(da) where it is alleged that the health professional has been included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007) by the Independent Barring Board—
(i) information provided by the Secretary of State under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that attests to that inclusion shall be conclusive evidence of that inclusion, unless the health professional can prove that they are not the person referred to in the information provided, and
(ii) a document from the Board, authenticated in whatever way the Council may approve, that provides a statement of the findings of fact made by the Board that led to that inclusion shall be conclusive evidence of the facts found proved by the Board;
(db) where it is alleged that the Scottish Ministers have included the health professional in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007)—
(i) information provided by the Scottish Ministers under the Protection of Vulnerable Groups (Scotland) Act 2007 that attests to that inclusion shall be conclusive evidence of that inclusion, unless the health professional can prove that they are not the person referred to in the information provided, and
(ii) a document from the Scottish Ministers, authenticated in whatever way the Council may approve, that provides a statement of the findings of fact made by the Scottish Ministers that led to that inclusion shall be conclusive evidence of the facts found proved by the Scottish Ministers;”

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Scheduled to S.I. 2003/1575.