Part 2

Health Care Professions

The Council for Healthcare Regulatory Excellence

Reference of disciplinary cases by Council to court
29
1
This section applies to—
a
a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),
b
a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,
c
a direction by a Fitness to Practise Panel of the General Medical Council under section 35D of the Medical Act
1983 (c. 54)
that the fitness to practise of a medical practitioner was impaired
...,
e
a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired ...,
f
a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee)...;
g
any step taken—
i
by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or
ii
by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),
h
any step taken—
i
by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or
ii
by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),
i
any corresponding measure taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001 ,
j
any corresponding measure taken in relation to a member of a profession regulated by the Health Professions Order 2001, under that Order.
2
This section also applies to—
a
a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,
b
any corresponding decision taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001 , or to any such person as is mentioned in subsection (1)(j) and
c
a decision of the relevant regulatory body, or one of its committees or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).
3
The things to which this section applies are referred to below as “relevant decisions”.
4
If the Council considers that—
a
a relevant decision falling within subsection (1) has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both, or
b
a relevant decision falling within subsection (2) should not have been made,
and that it would be desirable for the protection of members of the public for the Council to take action under this section, the Council may refer the case to the relevant court.
5
In subsection (4), the “relevant court” —
a
in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,
b
in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and
c
in the case of any other person, means the High Court of Justice in England and Wales.
6
The Council may not so refer a case after the end of the period of 40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision .
7
If the Council does so refer a case—
a
the case is to be treated by the court to which it has been referred as an appeal by the Council against the relevant decision (even though the Council was not a party to the proceedings resulting in the relevant decision), and
b
the body which made the relevant decision is to be a respondent.
8
The court may—
a
dismiss the appeal,
b
allow the appeal and quash the relevant decision,
c
substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or
d
remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
Words in s. 29(1)(i) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 1(a)
Words in s. 29(2)(b) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 1(b)
S. 29(1)(c) substituted for s. 29(1)(c)(d) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 13 (with Sch. 2)
S. 29(1)(f) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 13 (with Sch. 2)
S. 29(1)(e) substituted (coming into force in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008) of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 6 para. 4 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)
S. 29(1)(c) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(5), 170(3)(4); S.I. 2008/3244, art. 2(f)
S. 29(1)(f) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(6), 170(3)(4); S.I. 2008/3244, art. 2(f)
S. 25 crossheading substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 16; S.I. 2008/3244, art. 2(i)(xi)
Words in s. 29(1)(e) repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(c), 170(3)(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(e)(j)
S. 29(1)(g) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(e), 170(3)(4); S.I. 2008/3244, art. 2(e)
S. 29(1)(h) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(f), 170(3)(4); S.I. 2008/3244, art. 2(e)
S. 29(1)(j) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(2)(g), 170(3)(4); S.I. 2008/3244, art. 2(e)
S. 29(5) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(3), 170(3)(4); S.I. 2008/3244, art. 2(f)
Words in s. 29(6) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 118(4), 170(3)(4); S.I. 2008/3244, art. 2(f)
S. 29(1)(a) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 10(4); S.I. 2010/1621, art. 2(1), Sch.
Words in s. 29(1)(f) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 73(1)(b); S.I. 2012/1319, art. 2(3)
Words in s. 29(1)(c) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 73(1)(a); S.I. 2012/1319, art. 2(3)