Registrar
(1) The Council shall appoint a Registrar who shall hold office for such period and on such terms as the Council may determine.
(2) The Registrar shall have such functions as the Council may direct.
(3) The terms on which the Registrar holds office may, in addition to providing for his remuneration, include provision for the payment of such pensions, allowances or gratuities to or in respect of him, or such contributions or payments towards provision for such pensions, allowances or gratuities, as may be determined by the Council.
(4) Where the terms on which the Registrar holds office include provision for the payment to him of any allowances or expenses, the rate at which those allowances or expenses are paid shall be determined by the Council.
(5) If the Council appoints a deputy or assistant Registrar and that deputy or assistant Registrar is authorised by the Registrar to act for him in any matter, any reference in this Order to “the Registrar” shall include a reference to that deputy or assistant Registrar.
Establishment and maintenance of register
(1) In accordance with the provisions of this Order the Council shall establish and maintain a register of members of the relevant professions.
(2) The Council shall from time to time—
(a) establish the standards of proficiency necessary to be admitted to the different parts of the register being the standards it considers necessary for safe and effective practice under that part of the register; and
(b) prescribe the requirements to be met as to the evidence of good health and good character in order to satisfy the Education and Training Committee that an applicant is capable of safe and effective practice under that part of the register.
(3) The Council shall—
(a) before prescribing the requirements mentioned in paragraph (2)(b), consult ... the persons referred to in article 3(14); and
(b) publish those requirements.
(4) The register shall show, in relation to each registrant, such address and other details as the Council may prescribe.
(5) In any enactment or instrument (past or future and including this Order), except where the context otherwise provides, “registered” in relation to any of the relevant professions means registered in the register maintained under this article by virtue of qualifications in that profession.
Register
(1) The register shall be divided into such parts as the Privy Council may by order determine, on a proposal by the Council or otherwise, and in this Order, references to parts of the register are to the parts so determined.
(2) There shall be one or more designated titles for each part of the register indicative of different qualifications and different kinds of education or training and a registrant is entitled to use whichever of those titles, corresponding to the part of the register in which he is registered, as is appropriate in his case.
(3) Subject to article 7, the Privy Council may by order, on a proposal by the Council or otherwise, make such other provision in connection with the register as it considers appropriate and in particular may provide for—
(a) the register to include entries indicating the possession of qualifications (whether or not they are approved qualifications) or competence in a particular field or at a particular level of practice, or for the use of a particular category of entry to be discontinued;
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) persons to be registered in one or more parts of the register by virtue of having been included in the register maintained under the 1960 Act ;
(c) the recording of additional entries by virtue of their having been in the register maintained under the 1960 Act;
(d) a specified part of the register to be closed, as from a date specified in the order, so that on or after that date no further person may become registered in that part;
(e) a specified part of the register to be sub-divided into two or more parts, or for two or more parts to be combined into one;
(f) persons to be registered in one or more parts of the register by virtue of having been registered in a part or parts of the register which have been closed, sub-divided or combined;
(g) the recording in Welsh of titles, qualifications and other entries referred to in this paragraph in respect of those members of the professions regulated by this Order whose registered address is in Wales.
(4) The Privy Council, except where acting in accordance with a proposal made by the Council, shall consult the Council before making, varying or revoking any order under this article.
(5) Before making any proposal referred to in paragraph (1) or (3), the Council shall consult representatives of any group of persons who appear likely to be affected by the proposed order.
The register: supplemental provisions
(1) Having consulted the Education and Training Committee the Council shall make rules in connection with registration and the register, and as to the payment of fees.
(2) Subject to article 7A, the rules shall, in particular, make provision as to—
(a) the form and keeping of the register;
(b) the procedure for the making, alteration and deletion of entries in the register;
(c) the form and manner in which applications are to be made and the fee to be charged—
(i) for registration, renewal of registration and readmission to the register,
(ii) for the making of any additional entry in the register, and
(iii) for registration to lapse;
(d) the documentary and other evidence which is to accompany applications of the kind mentioned in sub-paragraph (c).
(3) Before determining or varying any fees mentioned in paragraph (2)(c) the Council shall consult the Education and Training Committee and such of those persons mentioned in article 3(14) as it considers appropriate.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The register: specified state professionals - supplemental provisions
(1) Where a specified state professional makes an application for registration—
(a) for the purposes of article 7(2)(c)(i) any fee charged must be—
(i) reasonable and proportionate to the cost of the applicant’s application;
(ii) transparent and made public in advance; and
(iii) payable by electronic means through the Council’s website;
(b) the documentary and other evidence required pursuant to rules made under article 7(2)(d) must be no more than is necessary to demonstrate to the Council that the applicant satisfies the conditions in article 9(2); and
(c) for the purposes of article 7(2)(d) the Council must accept certified copies of documents in place of original documents, unless it requires original documents to protect the integrity of the application process.
(2) For the purposes of paragraph (1)(c), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.
Access to register etc.
(1) The Council shall make the register available for inspection by members of the public at all reasonable times.
(2) The Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.
(3) Any copy of, or extract from, the published register shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.
(4) A certificate purporting to be signed by the Registrar, certifying that a person—
(a) is registered in a specified category;
(b) is not registered;
(c) was registered in a specified category at a specified date or during a specified period;
(d) was not registered in a specified category, or in any category, at a specified date or during a specified period; or
(e) has never been registered,
shall be evidence (and in Scotland sufficient evidence) of the matters certified.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration
(1) A person seeking admission to a part of the register must apply to the Council and, subject to the provisions of this Order, and in particular paragraph (4), he shall be entitled to be registered in that part provided that the conditions mentioned in paragraph (2) are satisfied .
(2) Subject to paragraphs (3) and (3A) , the conditions are that the application is made in the prescribed form and manner and that ...—
(a) the applicant satisfies the Education and Training Committee that they—
(i) hold an approved qualification awarded—
(aa) within such period, not exceeding five years ending with the date of the application, as may be prescribed, or
(bb) before the prescribed period mentioned in head (aa), and they have met such requirements as to additional education, training and experience as the Council may specify under article 19(3) and which apply to them; or
(ii) have passed an aptitude test or successfully completed an adaptation period pursuant to article 12A;
(b) the applicant satisfies the Education and Training Committee in accordance with the Council’s requirements mentioned in article 5(2) that he is capable of safe and effective practice under the part of the register concerned;
(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
(c) the applicant has paid the prescribed fee.
(3) Where the applicant is already registered in the register and wishes to be registered in an additional part of the register or to have additional entries recorded, paragraph (2)(a) shall apply only to the qualifications on which his application is based.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where a person who—
(a) is not registered on the date of coming into force of an order made under article 6(1) which relates to his profession; but
(b) has been on a register under the 1960 Act in the 5 years immediately preceding the date mentioned in sub-paragraph (a),
applies for admission to the register in the relevant period, the Education and Training Committee shall, if it is satisfied as to his good character, grant the application.
(4A) Where a specified state professional makes an application for registration under paragraph (1), the Education and Training Committee must—
(a) within the period of one month beginning with the date of receipt of the application—
(i) acknowledge receipt of the application; and
(ii) inform the applicant of any missing document required for the purposes of the application;
(b) give the applicant adequate time to complete the requirements and procedures of the application process; and
(c) deal promptly with the applicant’s application.
(5) The Education and Training Committee shall give its decision on an application under paragraph (1) as soon as reasonably practicable and in any event —
(a) where the person holds a specified state qualification, within the period of four months beginning with the day on which the application is received;
(b) in any other case, within the period of three months beginning with that day.
(6) The Education and Training Committee shall notify the applicant in writing of its decision, and, where that decision is unfavourable to the applicant, of its reasons for reaching that decision and, of the applicant’s right of appeal ....
(7) Failure to notify the applicant of the Committee’s decision within the time specified in paragraph (5) shall be treated as a decision from which the applicant may appeal under article 37.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Temporary registration in emergencies involving loss of human life or human illness etc
(1) The Registrar may register a person as a member of a relevant profession, or the persons comprising a specified group of persons as members of a relevant profession, if—
(a) the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and
(b) the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
(2) For the purposes of paragraph (1)(b) the emergency registration requirement is met—
(a) in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a member of the profession in question with regard to the emergency;
(b) in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as members of the profession in question with regard to the emergency.
(3) The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
(4) The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.
(5) The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.
(6) Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
(7) A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—
(a) must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;
(b) may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.
(8) A person's registration as a member of a specified group may be revoked—
(a) without the registration of the other members of the group being revoked, or
(b) as a result of a decision to revoke the registration of all the members of the group.
(9) Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.
(10) The following provisions of this Order do not apply to persons registered under this article—
articles 9, 10, 11 and 12 (provisions relating to registration);
articles 15 to 19 (provisions relating to education and training);
Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (5).
(11) If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered as a member of the relevant profession in question.
(12) In this article “ emergency ” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
Renewal of registration and readmission
(1) Where a person is registered and wishes to renew his registration at the end of a prescribed period, he shall make an application for renewal to the Education and Training Committee in accordance with rules made by the Council.
(2) The Education and Training Committee shall grant the application for renewal if ...—
(a) the applicant meets the conditions set out in article 9(2)(b) and (c);
(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;
(b) the applicant satisfies the Education and Training Committee that he has met any prescribed requirements for continuing professional development within the prescribed time; and
(c) where he has not practised, or has practised for less than the prescribed period, since his first registration or, as the case may be, his latest renewal, the applicant has met such requirements as to additional education, training or experience as the Council may specify under article 19(3) and which apply to him.
(3) Where an applicant does not satisfy the Education and Training Committee that he has met the requirements mentioned in paragraph (2)(b) or (c), the Committee may renew the applicant’s registration on condition that he satisfy those requirements within a specified time and if the person fails to comply with the condition, subject to article 11(3) and 37(3), his registration shall lapse and, in accordance with prescribed procedure, his name shall be removed from the register.
(4) Where a person’s registration has lapsed, he may apply to the Education and Training Committee to be readmitted and the Committee shall grant the application if—
(a) the applicant meets the conditions set out in article 9(2)(b) and (c);
(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
(b) he satisfies the Education and Training Committee that he has met such requirements as to additional education, training or experience as the Council may specify under article 19(3) and which apply to him.
(5) Article 9(5) to (7) shall apply to applications made under this article.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lapse of registration
(1) The Council may make rules providing for the procedure by which and the circumstances in which a registrant’s name may be removed from the register on his own application or after the expiry of a specified period.
(2) Where a person’s name is removed in accordance with this article or article 10(3), his registration shall be referred to as lapsed.
(3) Any rules made under paragraph (1) shall provide that a person’s registration shall not lapse under this article or under article 10(3)—
(a) where the person concerned is the subject of an allegation, or is treated under article 22(6) as if he were the subject of an allegation, or is the subject of any investigations or proceedings under Part V or VI of this Order, on the grounds only that he has not paid the prescribed fee or has failed to apply for renewal in the prescribed form or within the prescribed time; or
(b) if the person concerned is the subject of a suspension order, a conditions of practice order, an interim suspension order or an interim conditions of practice order.
Indemnity arrangements
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approved qualifications
(1) For the purposes of this Order a person is to be regarded as having an approved qualification if—
(a) he has a qualification awarded in the United Kingdom which has been approved by the Council as attesting to the standard of proficiency it requires for admission to the part of the register in respect of which he is applying; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) he has, elsewhere than in the United Kingdom, undergone training in one of the relevant professions and either—
(i) holds a qualification which the Council is satisfied attests to a standard of proficiency comparable to that attested to by a qualification referred to in sub-paragraph (a), or
(ii) the Council is not so satisfied, but the applicant has undergone in the United Kingdom or elsewhere such additional training or experience as satisfies the Council, following any test of competence as it may require him to take, that he has the requisite standard of proficiency for admission to the part of the register in respect of which he is applying; and, in either case,
(iii) ... he satisfies prescribed requirements as to knowledge of English ; ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1ZA) The Council may determine that a specified state qualification is not evidence of having reached a standard of proficiency comparable to that evidenced by a qualification approved under paragraph (1)(a) only where one or more of Conditions 1 to 3 are met.
(1ZB) Condition 1 is met where there exists a substantial difference between the standard of proficiency evidenced by the specified state qualification and the standard of proficiency it is necessary for a person to achieve for admission to the part of the register in respect of which the person is applying.
(1ZC) Condition 2 is met where the professional activities to which a qualification mentioned in paragraph (1)(a) relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.
(1ZD) Condition 3 is met where requiring a person who holds a specified state qualification to pass an aptitude test or to successfully complete an adaptation period, or to do both, would amount to requiring the person to acquire a qualification approved under paragraph (1)(a).
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Education and Training Committee shall determine procedures to—
(a) assess whether a qualification awarded outside the United Kingdom is of a comparable standard to a qualification mentioned in paragraph (1)(a) and it shall, where it sees fit, keep a list of qualifications which are of a comparable standard which it shall publish and keep under review; and
(b) assess other training or professional experience acquired outside the United Kingdom and to compare it, together with qualifications mentioned in sub-paragraph (a) where appropriate, with the standard of proficiency required for admission to any part of the register; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 12: further provision relating to specified state professionals
(1) This article applies where a person—
(a) holds a specified state qualification which the Council has determined does not meet the standard in article 12(1)(c)(i) because Condition 1 or 2 in article 12 is met; and
(b) wishes to be registered under article 9.
(2) Where this article applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.
(3) An aptitude test or adaptation period specified under this article, or an aptitude test and adaptation period together specified under this article, must be proportionate to the difference sought to be addressed.
(4) The Council must give a person its reasons for specifying in relation to the person an aptitude test or adaptation period, or both, if the person makes a written request for them.
(5) Where the Council specifies an aptitude test under this article, the Council must ensure that such aptitude tests are scheduled with reasonable frequency and at least once a year.
Transitional provisions relating to admission to the register
(1) This paragraph applies to a person who is not a person specified in paragraph (1A) ...—
(a) who applies for admission to the register under article 9(1);
(b) who is not registered on the date of coming into force of an order made under article 6(1) which relates to the profession in respect of which he is applying to be registered;
(c) who has never been registered in respect of that profession—
(i) under the 1960 Act or this Order,
(ii) in the case of an operating department practitioner, in the AODP register, or
(iii) in the case of a practitioner psychologist, in the BPS register or the AEP register; and
(d) who applies for admission to the register in respect of that profession within the period of two years , or in the case of practitioner psychologists three years, beginning with the date mentioned in sub-paragraph (b) (“the relevant period”).
(1A) This paragraph applies to a person who applies for admission to the register as a hearing aid dispenser on or after 1st April 2010.
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A person to whom paragraph (1) applies shall be treated as satisfying the requirements of article 9(2)(a) if he satisfies the Education and Training Committee, following any test of competence as it may require him to take—
(a) that for a period of at least three out of the five years immediately preceding the date mentioned in paragraph (1)(a), or its equivalent on a part-time basis, he has been wholly or mainly engaged in the lawful, safe and effective practice of the profession in respect of which he wishes to be registered; or
(b) that he has not so practised but he has undergone in the United Kingdom or elsewhere such additional training and experience as satisfies the Council that he has the requisite standard of proficiency for admission to the part of the register in respect of which he is applying.
(3) The Council shall, having consulted such of those persons mentioned in article 3(14) as it considers appropriate, establish from time to time the criteria to which the Education and Training Committee shall have regard in reaching a decision under paragraph (2) and it shall publish those criteria.
Visiting health professionals from relevant European States
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Requirement for social workers in England to be registered
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Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
