Part 2F22Health and Social Care Professions etc.

Annotations:
Amendments (Textual)

F23The Professional Standards Authority for Health and Social Care

Annotations:
Amendments (Textual)
F23

S. 25 crossheading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 222(4), 306(4); S.I. 2012/2657, art. 2(3)

29 Reference of disciplinary cases by F18Authority to court

1

This section applies to—

F12a

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,

C1F3c

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 F14...,

F5e

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 F6...,

C2F4f

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)F13...;

F7g

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),

F8h

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 F1or midwife under the Nursing and Midwifery Order 2001 ,

F9j

any corresponding measure taken in relation to a member of a profession regulated by F16the Health and Social Work 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 F2or 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 F20Authority 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 F20Authority to take action under this section, the F20Authority may refer the case to the relevant court.

F105

In subsection (4) F17(subject to subsection (5A)) , 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.

F155A

In the case of a social worker in England, the “relevant court” means the High Court of Justice in England and Wales.

6

F19The Authority may not so refer a case after the end of the period of F1140 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision .

7

If the F21Authority 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 F21Authority against the relevant decision (even though the F21Authority 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.