Article 2(1)
1.—(1) For section 44C(1) of the Medical Act 1983(2) (indemnity arrangements) substitute—
(1) A person who holds a licence to practise as a medical practitioner, and practises as such, must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) For the purposes of this section, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement for the purposes of indemnifying a person;
(c)a combination of the two.
(3) For the purposes of this section, “appropriate cover”, in relation to practice as a medical practitioner, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) The General Council may make regulations in connection with the information to be provided to the Registrar—
(a)by or in respect of a person seeking a licence to practise for the purpose of determining whether, if he is granted such a licence, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover; and
(b)by or in respect of a person who holds a licence to practise for the purpose of determining whether there is in force in relation to him an indemnity arrangement which provides appropriate cover.
(5) Regulations made under subsection (4)(b) may require the information mentioned there to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual practitioners or practitioners of a particular description.
(6) The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(7) The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.
(8) A licensing authority may refuse to grant a licence to practise to any person who fails to comply, or in respect of whom there is a failure to comply, with regulations made under subsection (4)(a).
(9) Where a person who holds a licence to practise is in breach of subsection (1) or there is a failure to comply with regulations made under subsection (4)(b) in relation to him—
(a)a licensing authority may withdraw that person’s licence to practise; or
(b)the breach or failure may be treated as misconduct for the purposes of section 35C(2)(a)(3), and the Registrar may accordingly refer the matter to the Investigation Committee under section 35C(4).
(10) Regulations made under subsection (4), (6) or (7) shall not have effect until approved by the Privy Council.
(11) This section does not apply to a person who holds a licence to practise as a result of registration under Schedule 2A(4) (visiting medical practitioners from relevant European States).”.
(2) In section 29F(1A)(5) (appeals), in paragraph (a), for “section 44C(7)” substitute “section 44C(8)” and in paragraph (b), for “section 44C(8)(a)” substitute “section 44C(9)(a)”.
2. The Dentists Act 1984(6) is amended in accordance with this Part.
3. In subsection (2) of section 18(7) (procedure for registration), after paragraph (b), insert—
“(ba)the documents conferring, or evidencing that there is in force in relation to him or there will be as necessary for the purpose of complying with section 26A, appropriate cover under an indemnity arrangement.”.
4. For section 26A(8)(insurance for dental practitioners), substitute—
(1) A registered dentist who is practising as a dental practitioner must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) For the purposes of this section, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(3) For the purposes of this section, “appropriate cover”, in relation to practice as a dental practitioner, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) Rules may make provision in connection with the information to be provided to the registrar—
(a)by or in respect of a person seeking registration in the register for the purpose of determining whether, if his name is entered in the register, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover;
(b)by or in respect of a person seeking restoration of his name in the register for the purpose of determining whether, if his name is restored in the register, there will be in force in relation to him by the time he resumes practice an indemnity arrangement which provides appropriate cover; and
(c)by or in respect of a registered dentist seeking retention of his name in the register for the purpose of determining whether, if his name is retained in the register, there will continue to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(5) Rules may make provision requiring a registered dentist to inform the registrar if there ceases to be in force in relation to that dentist an indemnity arrangement which provides appropriate cover.
(6) Rules may make provision requiring a registered dentist to inform the registrar if there is in force in relation to that registered dentist appropriate cover provided under an indemnity arrangement by an employer.
(7) Rules made under subsection (4) may require the information mentioned there to be provided—
(a)at the request of the registrar; or
(b)on such dates or at such intervals as the registrar may determine, either generally or in relation to individual dental practitioners or dental practitioners of a particular description.
(8) Where a person fails to comply with rules made under subsection (4), or there is a failure to comply with rules made under subsection (4) in relation to him, the registrar may—
(a)refuse to register his name in the register;
(b)refuse to restore his name to the register; or
(c)erase his name from the register.
(9) Where a registered dentist is in breach of subsection (1) or fails to comply with rules made under this section—
(a)the registrar may erase that person’s name from the register; or
(b)the breach or failure may be treated as misconduct for the purposes of section 27(2)(a)(9), and the registrar may accordingly refer the matter to the Investigating Committee under section 27(5)(a)(10).
(10) Where a person’s name has been erased from the register under subsection (8)(c) or (9)(a), that name shall be restored to the register on that person’s application, if he satisfies the registrar that he meets the requirements of—
(a)section 15(3)(a) to (c);
(b)this section; and
(c)any rules made under section 34B(11) which apply to that person’s case.
(11) This section does not apply to a person who is registered by virtue of section 36(12) and Schedule 4(13) (visiting dentists from relevant European States).”.
5. For section 36L(14) (insurance for members of professions complementary to dentistry), substitute—
(1) A registered dental care professional who practises as a member of a profession complementary to dentistry must have in force, in relation to each title under which he is registered in the dental care professionals register, an indemnity arrangement which provides appropriate cover for practising as such.
(2) For the purposes of this section, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(3) For the purposes of this section, “appropriate cover”, in relation to practice as a member of a profession complementary to dentistry, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) Rules may make provision in connection with the information to be provided to the registrar—
(a)by or in respect of a person seeking registration in the dental care professionals register under a particular title (whether or not that person is already registered in that register under any other title or titles) for the purpose of determining whether, if his name is entered in the register under that title, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover;
(b)by or in respect of a person seeking restoration of his name in the dental care professionals register under a particular title (whether or not that person is already registered in that register under any other title or titles) for the purpose of determining whether, if his name is restored in the register under a particular title, there will be in force in relation to him by the time he resumes practice an indemnity arrangement which provides appropriate cover; and
(c)by or in respect of a registered dental care professional seeking retention of his name in the dental care professionals register under a particular title for the purpose of determining whether, if his name is retained in the register, there will continue to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(5) Rules may make provision requiring a registered dental care professional to inform the registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(6) Rules may make provision requiring a registered dental care professional to inform the registrar if there is in force in relation to him appropriate cover under an indemnity arrangement provided by an employer.
(7) Rules made under subsection (4) above may require the information mentioned there to be provided—
(a)at the request of the registrar; or
(b)on such dates or at such intervals as the registrar may determine, either generally or in relation to individual dental care professionals or dental care professionals of a particular description.
(8) Where in relation to any title in the dental care professionals register, a person fails to comply with rules made under subsection (4), or there is a failure to comply with rules made under subsection (4) in relation to him, the registrar may—
(a)refuse to register his name in that register under that title;
(b)refuse to restore his name to that register under that title; or
(c)erase his name from that register under that title.
(9) Where a registered dental care professional is in breach of subsection (1) or fails to comply with rules made under this section—
(a)the registrar may erase that person’s name from the register: or
(b)the breach or failure may be treated as misconduct for the purposes of section 36N(2)(a)(15), and the registrar may accordingly refer the matter to the Investigating Committee under section 36N(5)(a)(16).
(10) Where, under subsection (8)(c) or (9)(a), a person’s name has been erased from the register under a particular title, that name shall be restored to the dental care professionals register under that title on that person’s application, if he satisfies the registrar—
(a)of Matter D within the meaning of section 36C(17); and
(b)that he meets the requirements of—
(i)this section, and
(ii)any rules made under section 36Z2(18) which apply to that person’s case.
(11) This section does not apply to a person who is registered by virtue of section 36Z3(19) (visiting dental care professionals from relevant European States) .”.
6. In Schedule 4A(20) (registration appeals: dental care professionals register) in paragraph 2(1)(e), for “section 36L(9)(a), (b) or (c)” substitute “section 36L(8) or (9)(a).”.
7. For section 10A(21) of the Opticians Act 1989(22) (insurance for individual registrants and persons applying for their name to be registered), substitute—
(1) A registered optometrist or registered dispensing optician who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) For the purposes of this section, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(3) For the purposes of this section, “appropriate cover”, in relation to practice as a registered optometrist or registered dispensing optician, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) The Council may make rules in connection with the information provided to the registrar—
(a)by or in respect of a person seeking registration in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is entered in the appropriate register, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover;
(b)by or in respect of a person seeking restoration of his name in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is restored in the appropriate register, there will be in force in relation to him by the time he resumes practice an indemnity arrangement which provides appropriate cover; and
(c)by or in respect of a registered optometrist or registered dispensing optician seeking retention of his name in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is retained in the appropriate register, there will continue to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(5) Rules made under subsection (4)(c) may require the information mentioned there to be provided—
(a)at the request of the registrar; or
(b)on such dates or at such intervals as the registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.
(6) The Council may also make rules requiring a registered optometrist or registered dispensing optician to inform the registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(7) The Council may also make rules requiring a registered optometrist or registered dispensing optician to inform the registrar if there is in force in relation to him, appropriate cover provided under an indemnity arrangement provided by an employer.
(8) Where a person fails to comply with rules made under subsection (4), or there is a failure to comply with rules made under subsection (4) in relation to him, the registrar may—
(a)refuse to register his name in the appropriate register;
(b)refuse to restore his name to the appropriate register; or
(c)remove his name from the appropriate register.
(9) Where a registered optometrist or registered dispensing optician is in breach of subsection (1) or fails to comply with rules made under this section—
(a)the registrar may remove that person’s name from the appropriate register; or
(b)the breach or failure may be treated as misconduct for the purposes of section 13D(2)(a), and the registrar may refer the matter to the Investigation Committee under section 13D(5).
(10) Where a person’s name has been removed from the appropriate register under subsection (8)(c) or (9)(a), that name shall be restored to the appropriate register on that person’s application, if the registrar is satisfied that the person meets the requirements of—
(a)section 8(1) or (2);
(b)this section; and
(c)any rules made under section 7, 11A or 11B(6) which apply to that person’s case.
(11) This section does not apply to a person who is registered by virtue of section 8B (visiting opticians from relevant European States).”.
8. In the Schedule to the General Optical Council (Registration Rules) Order of Council 2005(23), in rule 7 (additional information required from individual applicants for registration or restoration as an optometrist or a dispensing optician), for paragraphs (e) and (f) substitute—
“(e)evidence that, if the applicant’s name were to be entered in the register, that applicant would have in place appropriate cover under an indemnity arrangement for the purposes of complying with section 10A (indemnity arrangements for individual registrants and persons applying for their name to be registered);
(f)a copy of that indemnity arrangement or a means of identifying the terms of that indemnity arrangement.”.
9. For section 37 of the Osteopaths Act 1993(24) (professional indemnity insurance), substitute—
(1) A registered osteopath who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) In this section, references to “registered osteopath” do not include a reference to a temporarily registered osteopath.
(3) For the purposes of this section, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(4) For the purposes of this section, “appropriate cover”, in relation to practice as a registered osteopath, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(5) The General Council may by rules make provision in connection with the types of indemnity arrangement required and the information to be provided to the Registrar—
(a)by or in respect of any person seeking to be entered in the register as a registered osteopath (including on an application for restoration) for the purposes of determining whether, if that person is so entered, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover;
(b)by or in respect of a registered osteopath for the purposes of determining whether at any time, there is in force in relation to him an indemnity arrangement which provides appropriate cover.
(6) Rules under subsection (5)(b) may require information to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registered osteopaths or registered osteopaths of a particular description.
(7) The General Council may also make rules requiring a registered osteopath to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(8) The General Council may also make rules requiring a registered osteopath to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.
(9) Where there is a failure to comply with the rules under subsection (5) by or in respect of a person who is entered or is seeking to be entered in the register, the Registrar may refuse to enter the person in, or to restore the person’s entry to, the register.
(10) If a registered osteopath is in breach of subsection (1), or fails to comply with rules under subsection (5)(b), (7) or (8), or there is a failure to comply with rules under subsection (5)(b) in respect of a registered osteopath—
(a)the Registrar may remove that person’s entry from the register; or
(b)the breach or failure may be treated as unacceptable professional conduct and the Registrar may notify the Council .”.
10. For section 37 of the Chiropractors Act 1994(25) (professional indemnity insurance), substitute—
(1) A registered chiropractor who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) In this section, references to “registered chiropractor” do not include a reference to a temporarily registered chiropractor.
(3) For the purposes of this section, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(4) For the purposes of this section, “appropriate cover”, in relation to practice as a registered chiropractor, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and risks of practising as such.
(5) The General Council may by rules make provision in connection with the types of indemnity arrangement required and the information to be provided to the Registrar—
(a)by or in respect of any person seeking to be entered in the register as a registered chiropractor (including on an application for restoration) for the purposes of determining whether, if that person is so entered, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover; and
(b)by or in respect of a registered chiropractor for the purposes of determining whether at any time, there is in force in relation to him an indemnity arrangement which provides appropriate cover.
(6) Rules under subsection (5)(b) may require information to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registered chiropractors or registered chiropractors of a particular description.
(7) The General Council may also make rules requiring a registered chiropractor to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(8) The General Council may also make rules requiring a registered chiropractor to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.
(9) Where there is a failure to comply with the rules under subsection (5) by or in respect of a person who is entered or is seeking to be entered in the register, the Registrar may refuse to enter the person in, or to restore the person’s entry to, the register.
(10) If a registered chiropractor is in breach of subsection (1), or fails to comply with rules under subsection (5)(b), (7) or (8), or there is a failure to comply with rules under (5)(b) in respect of a registered chiropractor—
(a)the Registrar may remove that person’s entry from the register; or
(b)the breach or failure may be treated as unacceptable professional conduct and the Registrar may notify the General Council.”.
11. The Health and Social Work Professions Order 2001(26) is amended in accordance with paragraphs 12 to 18.
12. In article 9(27)(registration)—
(a)in paragraph (1), for “if he satisfies the conditions mentioned in paragraph (2) he shall be entitled to be registered in that part” substitute “he shall be entitled to be registered in that part provided that the conditions mentioned in paragraph (2) are satisfied”;
(b)in paragraph (2), for “Subject to paragraph (3)” substitute “Subject to paragraphs (3) and (3A)” and omit “the applicant”;
(c)at the beginning of each of sub-paragraphs (a), (b) and (c) of paragraph (2), insert “the applicant”;
(d)after paragraph (2)(b) (but before the following “and”) insert—
“(ba)the Registrar informs the Education and Training Committee that the applicant has satisfied him that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 11A, appropriate cover under an indemnity arrangement;”; and
(e)after paragraph (3) insert—
“(3A) Paragraph (2)(ba) does not apply in the case of an applicant seeking admission to that part of the register which relates to the social work profession in England.”.
13. In article 10(28) (renewal of registration and readmission)—
(a)in paragraph (2), omit “the applicant”;
(b)at the beginning of each of sub-paragraphs (a) and (b) of paragraph (2), insert “the applicant”;
(c)in paragraph (2)(c), before “has met” insert “the applicant”;
(d)after paragraph (2)(a) insert—
“(aa)the Registrar informs the Education and Training Committee that the applicant has satisfied him that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 11A, appropriate cover under an indemnity arrangement;”;
(e)in paragraph (4), after sub-paragraph (a) (but before the following “and”), insert—
“(aa)the Registrar informs the Education and Training Committee that the applicant has satisfied him that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 11A, appropriate cover under an indemnity arrangement;”; and
(f)after paragraph (6) insert—
“(7) Paragraphs (2)(aa) and (4)(aa) do not apply in the case of an applicant wishing to renew his registration in that part of the register which relates to the social work profession in England.”.
14. After article 11 insert—
11A.—(1) Each practising registrant must have in force in relation to that registrant an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question.
(2) For the purposes of this article, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(3) For the purposes of this article, “appropriate cover”, in relation to practice as a registered member of a relevant professions, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) The Council may make rules in connection with the information to be provided to the Registrar—
(a)by or in respect of a person applying for registration (including an application for restoration or readmission) for the purpose of determining whether or not the Registrar is satisfied that if the person is registered, there will be in force in relation to that person by the time that person begins to practise, an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question;
(b)by or in respect of a person applying for renewal of their registration for the purpose of determining whether or not the Registrar is satisfied that if the person’s registration is renewed, there will be in force in relation to that person, by the time that person resumes practice an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question; and
(c)by or in respect of a registrant for the purposes of determining whether, at any time, there is in force in relation to the registrant an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question.
(5) Rules made under paragraph (4) may require the information to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.
(6) The Council may also make rules requiring a registrant to inform the Registrar if there ceases to be in force in relation to the registrant an indemnity arrangement which provides appropriate cover for practising as a member of the relevant profession in question.
(7) The Council may also make rules requiring a registrant to inform the Registrar if there is in force in relation to the registrant appropriate cover for practising as a member of the relevant profession in question provided under an indemnity arrangement by an employer.
(8) If a registrant is in breach of paragraph (1)—
(a)the Education and Training Committee may remove that person from the register; or
(b)the person’s fitness to practise may be treated for the purposes of article 22(1)(a)(i) as being impaired by reason of misconduct, and the Council may accordingly refer the matter to, persons appointed by it under article 22(5)(b)(i) (where rules under article 23 provide) or to a Practice Committee under article 22(5)(b)(ii).
(9) If an applicant breaches rules under paragraph (4)(a), or there is a breach in respect of the applicant of rules under paragraph (4)(a)—
(a)the Education and Training Committee may refuse the applicant’s application for admission (or readmission) to the register; or
(b)in the case of restoration to the register, the Registrar may refuse to register the applicant in the register in accordance with article 33(7).
(10) If a registrant breaches rules under paragraph (4)(b) or (c), that person’s fitness to practise may be treated for the purposes of article 22(1)(a)(i) as being impaired by reason of misconduct, and the Council may accordingly refer the matter to persons appointed by it under article 22(5)(b)(i) (where rules under article 23 provide) or to a Practice Committee under article 22(5)(b)(ii).
(11) For the purposes of this article, “relevant profession” does not include the social work profession in England.
(12) This article does not apply to a person who has an entitlement to be registered under article 13A (visiting health professionals from relevant European States).”.
15. In article 33 (restoration to the register of persons who have been struck off), in paragraph (7)(a), after “the relevant part of the register” insert “on his satisfying the Registrar as mentioned in article 10(4)(aa),”.
16. In article 37(29) (appeals against decisions of the Education and Training Committee)—
(a)in paragraph (1), after sub-paragraph (aa) insert—
“(ab)removes the name of a registrant from the register on the grounds that the registrant has failed to satisfy the Registrar that there is in force in relation to the registrant appropriate cover under an indemnity arrangement;”;
(b)after paragraph (1), insert—
“(1A) Paragraph (1)(ab) does not apply where the removal is in consequence of a refusal of an application for renewal (including an application for readmission or restoration where registration has lapsed).
(1B) Paragraph (1)(ab) does not apply in the case of a person who has been admitted to that part of the register which relates to the social work profession in England.”; and
(c)after paragraph (2), insert—
“(2A) No appeal lies to the Council if the complaint of the person aggrieved is, in effect, that a provision of rules under article 7, 9, 10 or 11A is invalid.”.
17. In article 38 (appeals) in paragraph (1)(b), after “ article 26(7) or (12)” insert “or of the Registrar under article 33(7)(a) as to whether he is satisfied as mentioned in article 10(4)(aa)”.
18. In Schedule 3(30) (interpretation), in paragraph 1 insert the following definitions at the appropriate place—
““appropriate cover” is to be construed in accordance with article 11A(3);”; and
““indemnity arrangement” is to be construed in accordance with article 11A(2);”.
19. The Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 2003(31) is amended in accordance with paragraphs 20 to 22.
20. In rule 4(32) (applications for registration), in paragraph (2), after sub-paragraph (c) (but before the following “and”) insert—
“(ca)evidence that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 11A of the Order, appropriate cover under an indemnity arrangement;”.
21. In Schedule 1 (application for admission to a part of the register), in the unnumbered paragraph, after sub-paragraph (d) insert—
“(da)confirmation that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 11A of the Order, appropriate cover under an indemnity arrangement;”.
22. In paragraph 1 of Schedule 2 (application for renewal of registration), in paragraph (1), after sub-paragraph (d) insert—
“(da)confirmation that there is in force in relation to the registrant, or will be as necessary for the purpose of complying with article 11A of the Order, appropriate cover under an indemnity arrangement;”.
23. The Nursing and Midwifery Order 2001(33) is amended in accordance with paragraphs 24 to 29.
24. In article 9(34) (registration), in paragraph (2), after sub-paragraph (a) insert—
“(aa)satisfies the Registrar that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 12A, appropriate cover under an indemnity arrangement;”.
25. In article 10(35) (renewal of registration and readmission)—
(a)in paragraph (2), after sub-paragraph (a) insert—
“(aa)satisfies the Registrar that there is in force in relation to the applicant or there will be as necessary for the purpose of complying with article 12A, appropriate cover under an indemnity arrangement;”; and
(b)in paragraph (4), after sub-paragraph (a) (but before the following “and”) insert—
“(aa)the applicant satisfies the Registrar that there is in force in relation to the applicant or there will be as necessary for the purpose of complying with article 12A, appropriate cover under an indemnity arrangement;”.
26. After article 12 insert—
12A.—(1) Each practising registrant must have in force in relation to that registrant an indemnity arrangement which provides appropriate cover for practising as such.
(2) For the purposes of this article, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(3) For the purposes of this article, “appropriate cover”, in relation to practice as a registered nurse or midwife, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) The Council may make rules in connection with the information to be provided to the Registrar—
(a)by or in respect of a person applying for registration (including an application for restoration or readmission) for the purpose of determining whether or not the Registrar is satisfied that if the person is registered, there will be in force in relation to that person by the time that person begins to practise, an indemnity arrangement which provides appropriate cover;
(b)by or in respect of a person applying for renewal of their registration for the purpose of determining whether or not the Registrar is satisfied that if the person’s registration is renewed, there will be in force in relation to that person by the time that person resumes practice, an indemnity arrangement which provides appropriate cover; and
(c)by or in respect of a registrant for the purposes of determining whether at any time there is in force in relation to the registrant an indemnity arrangement which provides appropriate cover.
(5) Rules made under paragraph (4) may require information to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.
(6) The Council may also make rules requiring a registrant to inform the Registrar if there ceases to be in force in relation to that registrant appropriate cover under an indemnity arrangement.
(7) The Council may also make rules requiring a registrant to provide the Registrar with such information as is necessary for the purpose of satisfying the Registrar that there is or will be in force in relation to that registrant appropriate cover provided under an indemnity arrangement by an employer.
(8) If a registrant is in breach of paragraph (1)—
(a)the Registrar may remove that person from the register; or
(b)the person’s fitness to practise may be treated for the purposes of article 22(1)(a)(i) as being impaired by reason of misconduct, and the Registrar may accordingly refer the matter to persons appointed by it under article 22(5)(b)(i) (where rules under article 23 provide) or to a Practice Committee under article 22(5)(b)(ii).
(9) If an applicant breaches rules under paragraph (4), or there is a breach of rules under that paragraph in respect of the applicant the Registrar may refuse the applicant’s application for—
(a)admission (or readmission) to the register;
(b)restoration to the register; or
(c)renewal.
(10) If a registrant breaches rules under paragraph (4)(b) or (c), that person’s fitness to practise may be treated for the purposes of article 22(1)(a)(i) as being impaired by reason of misconduct, and the Registrar may accordingly refer the matter to persons appointed by it under article 22(5)(b)(i) (where rules under article 23 provide) or to a Practice Committee under article 22(5)(b)(ii) .
(11) This article does not apply to a person who has an entitlement to be registered under article 39 and Schedule 2A (visiting midwives, and certain nurses from relevant European States), or article 39A (visiting general system nurses from relevant European States).”.
27. In article 33 (restoration to the register of persons who have been struck off) in paragraph (7)(a), after “the relevant part of the register” insert “on his satisfying the Registrar as mentioned in article 10(4)(aa),”.
28. In article 37(36) (appeals against Registrar’s decisions)—
(a)in paragraph (1), after sub-paragraph (aa) insert—
“(ab)removes the name of a registrant from the register on the grounds that the registrant has failed to satisfy the Registrar that there is in force in relation to the registrant appropriate cover under an indemnity arrangement;”;
(b)after paragraph (1), insert—
“(1A) Paragraph (1)(ab) does not apply where the removal is in consequence of a refusal of an application for renewal (including an application for readmission or restoration where registration has lapsed).”; and
(c)after paragraph (2A), insert—
“(2B) No appeal lies to the Council if the complaint of the person aggrieved is, in effect, that a provision of rules under article 7, 9, 10 or 12A is invalid.”.
29. In Schedule 4(37) (interpretation), insert the following definitions at the appropriate place—
““appropriate cover” is to be construed in accordance with article 12A(3);”; and
““indemnity arrangement” is to be construed in accordance with article 12A(2);”.
30. The Schedule to the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004(38) is amended in accordance with paragraphs 31 to 33.
31. In rule 5(39) (application for admission to a part of the register), in paragraph (2), omit the “and” at the end of sub-paragraph (a)(iv) and after paragraph (a) insert—
“(aa)evidence that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 12A of the Order, appropriate cover under an indemnity arrangement;”.
32. In rule 13(40) (renewal of registration), in paragraph (1), after sub-paragraph (a) insert—
“(aa)evidence that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 12A of the Order, appropriate cover under an indemnity arrangement;”.
33. In rule 15(41) (readmission to the register), in paragraph (2), after “Rules 5(1)” insert—
“, (2)(aa) and (b)”.
34. The Pharmacy Order 2010(42) is amended in accordance with paragraphs 35 to 37.
35. For article 32 (indemnity arrangements), substitute—
32.—(1) A registrant who practises as a pharmacist or pharmacy technician must have in force an indemnity arrangement which provides appropriate cover in relation to that registrant in respect of liabilities which may be incurred in practising as such.
(2) For the purposes of this article, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(3) For the purposes of this article, “appropriate cover”, in relation to practice as a pharmacist or pharmacy technician, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) The Council may make rules in connection with the information to be provided to the Registrar—
(a)by or in respect of any person seeking to be entered in any part of the Register as a pharmacist or pharmacy technician (including an application for restoration) for the purposes of determining whether if that person is so entered, there will be in force in relation to that person by the time that person begins to practise an indemnity arrangement which provides appropriate cover; and
(b)by or in respect of a registrant for the purposes of determining whether, at any time, there is in force an indemnity arrangement which provides appropriate cover in relation to that registrant.
(5) Rules under paragraph (4)(b) may require information to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.
(6) The Council may also make rules requiring a registrant to inform the Registrar if there ceases to be in force in relation to that registrant an indemnity arrangement which provides appropriate cover.
(7) The Council may also make rules requiring a registrant to inform the Registrar if there is in force in relation to that registrant appropriate cover provided under an indemnity arrangement by an employer.
(8) Where there is a failure to comply with the rules under paragraph (4) by or in respect of a person who is entered, or who is seeking to be entered, in any part of the Register, the Registrar may refuse to enter the person in, or to restore the person’s entry to, or to renew the person’s entry for, that part of the Register.
(9) If a registrant is in breach of paragraph (1), or fails to comply with rules under paragraph (4)(b), (6) or (7), or there is a failure to comply with rules under paragraph (4)(b) in respect of a registrant—
(a)the Registrar may remove that person’s entry from Part 1 or 2 of the Register (as the case may be); or
(b)the breach or failure may be treated as misconduct for the purposes of article 51(1)(a) and the Registrar must consider, in accordance with article 52(1), whether or not to refer the matter to the Investigating Committee or (where rules under article 52(1) so provide) to the Fitness to Practise Committee.
(10) Where the Registrar—
(a)refuses to enter a person in any part of the Register, or to restore a person’s entry to any part of the Register pursuant to paragraph (8); or
(b)removes a person’s entry from any part of the Register, pursuant to paragraph (9)(a),
the Registrar must send to the person at the person’s last known address a statement in writing giving the person notice of the decision and the reasons for it and the right of appeal to the Appeals Committee under article 40.
(11) This article does not apply to a person who is registered by virtue of Schedule 2 (visiting pharmacists from relevant European States).”.
36. In article 37 (restoration to the register of persons or premises removed from the Register), in paragraph (1)(f), for “article 32(8)(a)” substitute “article 32(9)(a)”.
37. In article 39 (appealable decisions), in paragraph (1)(k), for “article 32(8)(a)” substitute “article 32(9)(a)”.
38. The Schedule to the General Pharmaceutical Council (Registration Rules) Order of Council 2010(43) is amended in accordance with paragraphs 39 to 41.
39. In rule 10 (entry in the register)—
(a)after paragraph (2)(a)(ii)(bb) insert—
“(cc)whether there is in force in relation to that applicant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement,”;
(b)after paragraph (3)(g) insert—
“(ga)evidence (including where appropriate a self-declaration in the form determined by the Council which is signed and dated by the applicant) that there is in force in relation to the applicant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement;”.
40. In rule 11 (renewal of an entry in the Register), after paragraph (4)(a)(ii) insert—
“(iia)provide evidence that there is in force in relation to the registrant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement,”.
41. In rule 16 (restoration of an entry in the Register) after paragraph (3)(a)(i)(aa) insert—
“(ab)whether there is in force in relation to that applicant, or will be as necessary for the purpose of complying with article 32 of the Order, appropriate cover under an indemnity arrangement,”.
Section 44C was inserted by S.I. 2006/1914.
Section 35C was substituted by S.I. 2002/3135.
Inserted by S.I. 2007/3101.
Inserted by S.I. 2006/1914.
Amended by S.I. 1996/1496; S.I. 2005/2011 and S.I. 2007/3101.
Inserted by S.I. 2005/2011.
Substituted by S.I. 2005/2011.
Substituted by S.I. 2005/2011.
Substituted by S.I. 2007/3101.
Substituted by S.I. 2007/3101.
Substituted by S.I. 2007/3101.
Inserted by S.I. 2005/2011.
Inserted by S.I. 2005/2011.
Inserted by S.I. 2005/2011.
Inserted by S.I. 2005/2011.
Inserted by S.I. 2005/2011.
Inserted by S.I. 2007/3101.
Inserted by S.I. 2005/2011.
Inserted by S.I. 2005/848.
S.I. 2002/254. The title to this statutory instrument was amended by section 213(6) of the Health and Social Care Act 2012 (c. 7).
Amended by S.I. 2007/3101.
Amended by S.I. 2007/3101.
Amended by S.I. 2004/2033, 2007/3101 and 2009/1182; and section 216 of the Health and Social Care Act 2012 (c. 7).
Schedule 3 has been amended by S.I. 2003/3148, 2004/1947 and 2033, 2009/1182 and 2010/233 and by the Health and Social Care Act 2012, section 213(1).
Amended by S.I. 2004/2524, 2005/1625, 2007/1280 and 2011/210.
Amended by S.I. 2007/3101.
Amended by S.I. 2007/3101.
Amended by S.I. 2007/3101.
Schedule 4 has been amended by S.I. 2007/3101 and 2008/1485.
Amended by S.I. 2007/3101.
Amended by S.I. 2005/3354.
Amended by S.I. 2007/3101.