Health Act 1999 (c. 8)

SCHEDULES

Section 60.

SCHEDULE 3 U.K. Regulation of health care and associated professions

Matters generally within the scope of the Orders U.K.

1 U.K. An Order may make provision, in relation to any profession, for any of the following matters (among others)—

(a) the establishment and continuance of a regulatory body,

(b) keeping a register of members admitted to practice,

(c) education and training before and after admission to practice,

(d) privileges of members admitted to practice,

(e) standards of conduct and performance,

(f) discipline and fitness to practise,

(g) investigation and enforcement by or on behalf of the regulatory body,

(h) appeals,

(j) default powers exercisable by a person other than the regulatory body.

[F1 1A U.K. An Order may make provision, in relation to any social care workers in England, for any of the following matters (among others)—

(a) the establishment and continuance of a regulatory body,

(b) the functions of the Health and Care Professions Council or of another regulatory body,

(c) keeping registers of social care workers in England of any description,

(d) privileges of registered persons,

(e) education and training,

(f) standards of conduct and performance,

(g) discipline,

(h) removal or suspension from registration or the imposition of conditions on registration,

(i) investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory body,

(j) appeals,

(k) default powers exercisable by a person other than the Health and Care Professions Council or another regulatory body.]

Textual Amendments

F1 Sch. 3 para. 1A inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(2), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

[F2 1B U.K. The provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of conduct and performance of members of a profession, or social care workers in England, carrying out the functions of an approved mental health professional.]

Textual Amendments

F2 Sch. 3 para. 1B inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(3), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

[F3 Power to abolish regulatory bodies U.K.

Textual Amendments

F3 Sch. 3 para. 1C and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 168(4)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

1C U.K. An Order may abolish a regulatory body if (and only if) the professions regulated by the body or social care workers in England regulated by it—

(a) will continue to be regulated by one or more other regulatory bodies, or

(b) are deregulated by provision made under section 60(1)(bza).]

Manner of exercise of power U.K.

2 (1) The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document. U.K.

(2) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 2(2) omitted (1.10.2006) and repealed (prosp.) by virtue of Health Act 2006 (c. 28), ss. 33, 80(2), 83(7), Sch. 9; S.I. 2006/2603, art. 3

3 U.K. The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.

4 U.K. The power may be exercised so as to make provision for the charging of fees.

5 U.K. The power may be exercised so as to—

(a) confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers [F5 , a Northern Ireland department] or the National Assembly for Wales, or

(b) modify their functions.

Textual Amendments

F5 Words in Sch. 3 para. 5 inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 4; S.I. 2008/3244, art. 3(a)(c)(iii)

6 U.K. The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.

Matters outside the scope of the Orders U.K.

7 F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F7 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (4) An Order may not confer any additional powers of direction over [F11 the Professional Standards Authority for Health and Social Care].]

Textual Amendments

F6 Sch. 3 para. 7(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 168(4)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7 Sch. 3 para. 7(1A) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 168(4)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8 Sch. 3 para. 7(2) omitted (1.1.2009) and repealed (prosp.) by virtue of Health and Social Care Act 2008 (c. 14), ss. 111, 166, 170(3), Sch. 8 para. 5(3), Sch. 15 Pt. 2; S.I. 2008/3244, art. 3(a)(c)(iii)

F9 Sch. 3 para. 7(3) repealed (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 111, 166, 170(3), Sch. 8 para. 5(4), Sch. 15 Pt. 2; S.I. 2008/2497, art. 3(b)(ii)

F10 Sch. 3 para. 7(4) inserted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 26(10); S.I. 2002/2202, art. 2(3)(b)

F11 Words in Sch. 3 para. 7(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 61; S.I. 2012/2657, art. 2(3)

8 (1) Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person [F12 to exercise that function other than— U.K.

(a) a regulatory body for—

(i) a profession to which section 60(2) applies, or

(ii) social care workers in England, or

(b) the committees or officers of such a body.]

(2) The functions are—

(a) keeping the register of members admitted to practice,

(b) determining standards of education and training for admission to practice,

(c) giving advice about standards of conduct and performance,

F13 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (2ZA) Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person [F15 to exercise that function other than—

(a) a regulatory body for—

(i) a profession to which section 60(2) applies, or

(ii) social care workers in England, or

(b) the committees or officers of such a body.]

(2ZB) The functions are—

(a) keeping the registers of social care workers in England of any description,

(b) determining standards of education and training required as a condition of registration,

(c) giving advice about standards of conduct and performance.]

[F16 (2A) Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person [F17 to exercise that function other than—

(a) a regulatory body for—

(i) a profession to which section 60(2) applies, or

(ii) social care workers in England, or

(b) the committees or officers of such a body.]

F18 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F19 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Words in Sch. 3 para. 8(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 168(4)(c)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13 Sch. 3 para. 8(2)(d) omitted (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 6(2); S.I. 2008/3244, art. 3(a)(c)(iii)

F14 Sch. 3 para. 8(2ZA)(2ZB) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(5), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F15 Words in Sch. 3 para. 8(2ZA) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 168(4)(c)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F16 Sch. 3 para. 8(2A)(2B) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 6(3); S.I. 2008/3244, art. 3(a)(c)(iii)

F17 Words in Sch. 3 para. 8(2A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 168(4)(c)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F18 Sch. 3 para. 8(2B) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 168(4)(c)(ii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F19 Sch. 3 para. 8(3) omitted (1.4.2004) by virtue of The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 8(b) (with savings in art. 3(19) and transitional provisions in art. 48(1), Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I. and see London Gazette of 21.7.2004)

Preliminary procedure for making Orders U.K.

9 (1) If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first— U.K.

(a) publish a draft of an Order, and

(b) invite representations to be made to him about the draft by persons appearing to him appropriate to represent [F20 any profession] [F21 or any social care workers in England] to be regulated, persons appearing to him appropriate to represent those provided with services [F22 by any profession [F23 or any social care workers in England] to be regulated] and any other persons appearing to him appropriate to consult about the draft.

[F24 (1A) In the case of a draft Order which amends or repeals—

(a) an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or

(b) any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,

but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.]

(2) After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.

(3) If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament [F25 and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence]—

(a) the Secretary of State’s duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and

(b) sub-paragraph (4) shall apply instead of sub-paragraph (2).

(4) After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.

Textual Amendments

F20 Words in Sch. 3 para. 9(1)(b) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(2)(a); S.I. 2008/3244, art. 3(a)(c)(iii)

F21 Words in Sch. 3 para. 9(1)(b) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(6)(a), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F22 Words in Sch. 3 para. 9(1)(b) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(2)(b); S.I. 2008/3244, art. 3(a)(c)(iii)

F23 Words in Sch. 3 para. 9(1)(b) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(6)(b), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F24 Sch. 3 para. 9(1A) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(3); S.I. 2008/3244, art. 3(a)(c)(iii)

F25 Words in Sch. 3 para. 9(3) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 7(4); S.I. 2008/3244, art. 3(a)(c)(iii)

Interpretation and application U.K.

10 U.K. In this Schedule—

• [F26 “dental practitioner” means a person registered in the dentists register under the Dentists Act 1984,

• “enactment” means an enactment contained in, or in an instrument made under—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation,

• “functions” includes powers and duties,

• “medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,]

• “Order” means an Order in Council under section 60,

• “regulatory body”, in relation to any profession [F27 or any social care workers in England], means the body (or main body) responsible for the regulation of the profession [F28 or the social care workers in England concerned],

• [F29 “social care work in England” and “social care workers in England” have the meaning given by section 60.]

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 3 para. 10: definitions inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 8(a); S.I. 2008/2497, art. 3(b)(iii)

F27 Words in Sch. 3 para. 10 inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(7)(b)(i), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F28 Words in Sch. 3 para. 10 inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(7)(b)(ii), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F29 Words in Sch. 3 para. 10 substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), ss. 61(4)(a), 70(2); S.I. 2019/1436, reg. 2(n)

F30 Words in Sch. 3 para. 10 omitted (1.1.2009) and repealed (prosp.) by virtue of Health and Social Care Act 2008 (c. 14), ss. 111, 166, 170(3), Sch. 8 para. 8(b), Sch. 15 Pt. 2; S.I. 2008/3244, art. 3(a)(c)(iii)

11 (1) The powers conferred by section 60 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act). U.K.

(2) References to regulation, in relation to a profession, in that section and this Schedule include—

(a) the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession,

(b) the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,

(c) in the case of the profession of medical practitioner, the regulation of the qualifications or experience required for a medical practitioner to [F31 perform primary medical services under [F32 Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006]],

(d) in the case of the profession of dental practitioner, the regulation of the qualifications or experience required for a dental practitioner to [F33 perform primary dental services under [F34 Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006]].

[F35 (2A) References in section 60 and this Schedule to regulation, in relation to social care workers in England, include—

(a) the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England,

(b) the regulation of activities carried on by persons who are not social care workers in England (or [F36 engaging in social work in England]) but which are carried on in connection with social care work in England.]

(3) F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Words in Sch. 3 para. 11(2)(c) substituted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199, Sch. 11 para. 67(a); S.I. 2004/288, art. 5(2)(x) (as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(2)(bb)

F32 Words in Sch. 3 para. 1(2)(c) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 9(a); S.I. 2008/3244, art. 3(a)(c)(iii)

F33 Words in Sch. 3 para. 11(2)(d) substituted (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199, Sch. 11 para. 67(b); S.I. 2005/2925, arts. 1(3), 10(2)(l)

F34 Words in Sch. 3 para. 1(2)(d) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 111, 170(3), Sch. 8 para. 9(b); S.I. 2008/3244, art. 3(a)(c)(iii)

F35 Sch. 3 para. 11(2A) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 211(8), 306(1)(d)(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F36 Words in Sch. 3 para. 11(2A)(b) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), ss. 61(4)(b), 70(2); S.I. 2019/1436, reg. 2(n)

F37 Sch. 3 para. 11(3) repealed (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 4; S.I. 2005/2925, arts. 1(3), 11(2)(p);

Commencement Information

I1 Sch. 3 para. 11 wholly in force, see s. 67(1) and S.I. 2000/779, art. 2(1)

F38 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Sch. 3 para. 12 repealed (15.1.2015) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 8 para. 10, Sch. 15 Pt. 2; S.I. 2014/3251, art. 2