http://www.legislation.gov.uk/uksi/2002/254/article/32Health Professions Order 2001Health careCareHealth and social care professionalsHealth and safety investigationsHealth care services and specialismsHEALTH CARE AND ASSOCIATED PROFESSIONS;HEALTH PROFESSIONSStatute Law Database2025-05-21Expert Participation2025-01-01 This Order provides for the regulation of a number of health professions (arts therapists; chiropodists; clinical scientists; dietitians; medical laboratory technicians; occupational therapists; orthoptists; paramedics; physiotherapists; prosthetists and orthotists; radiographers; and speech and language therapists) it creates a regulatory body, the Health Professions Council, which is required to set standards of education, training, conduct and performance and to put in place arrangements to ensure that they are met (article 3). It provides for the Council to keep a register of qualified members of the professions and creates four statutory committees: the Investigating Committee, Conduct and Competence Committee, Health Committee and Education and Training Committee (article 3(9)). The Order replaces the regulatory system provided for by the Professions Supplementary to Medicine Act 1960. PART V<Strong>FITNESS TO PRACTISE</Strong>Investigation of allegations: procedural rules321The Council shall make rules as to the procedure to be followed by the Health Committee and the Conduct and Competence Committee in considering any allegation and before making an order under article 29(5).2The rules shall, in particular, make provision—aempowering each Committee to refer to the other any allegation which it considers would be better dealt with by that other Committee;bempowering each Committee, before it holds any hearing to which sub-paragraph (f) applies, where it considers that it would assist it in performing its functions, to hold a preliminary meeting in private attended by the parties and their representatives and any other person it thinks appropriate;crequiring the person concerned to be given notice of the allegation without delay;dgiving the person concerned an opportunity to submit written representations within a prescribed period;efor the Committee, where it sees fit, to notify the person making the allegation of the representations provided under sub-paragraph (d) and to invite him to deal within a prescribed period with any points raised by the Committee in respect of those representations;fgiving the person concerned an opportunity to put his case at a hearing if—ibefore the end of the prescribed period, he asks for a hearing; oriithe Committee considers that a hearing is desirable;gentitling the person concerned to be represented whether by a legally qualified person or otherwise at any such hearing;hwhere an allegation is referred by the Council, Screeners or the Investigating Committee to the Health Committee or the Conduct and Competence Committee, for the Council to give notice of that referral to specified persons who shall include the Secretary of State, the Scottish Ministers, the National Assembly for Wales and the Department of Health, Social Services and Public Safety in Northern Ireland, and, where they are known, to any person referred to in article 25 paragraph (2)(a) or (b);igiving any person, other than the person concerned, who, in the opinion of the relevant Committee, taking account of any criteria included in the rules, has an interest in proceedings before it, the opportunity to submit written representations;jrequiring a hearing before a Committee to be held in public except in so far as may be provided by the rules;krequiring the Committee to notify the person concerned of its decision, its reasons for reaching that decision and of his right of appeal;lrequiring the person by whom the allegation was made to be notified by the Committee of its decision and of its reasons for reaching that decision;mempowering the Committee to require persons other than the person concerned to attend and give evidence or to produce documents;nabout the admissibility of evidence;oenabling the Committee to administer oaths;pwhere the person concerned has been convicted of a criminal offence, for the conviction to be proved by the production of a certified copy of the certificate of conviction, or, in Scotland, an extract conviction, relating to the offence and for the findings of fact upon which the conviction is based to be admissible as proof of those facts.3Each stage in proceedings under Part V and article 37 shall be dealt with expeditiously and the Committee concerned may give directions as to the conduct of the case and for the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).4The Council may provide in the rules for the chair of the Committee to hold the meeting referred to in paragraph (2)(b) or to give the directions mentioned in paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.5In this article “parties” means the Council and the person concerned.Art. 32 not in force at made date, see art. 1(2)Art. 32 in force at 14.3.2003 for specified purposes as notified in the London Gazette dated 7.3.2003, see art. 1(3)Art. 32 in force at 9.7.2003 in so far as not already in force as notified in the London Gazette dated 27.6.2003, see art. 1(3) (with transitional provisions in S.I. 2003/1700)Word in art. 32(4) substituted (13.5.2009 for specified purposes, 1.7.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 2 para. 8; S.I. 2009/1357, art. 2(1)(a)(i)Art. 32 continued (2.12.2019) by The Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019 (S.I. 2019/1140), regs. 1, 23(2)(3); S.I. 2019/1436, reg. 2(b)