The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

• Citation: S.I. 2009/1182
• Sections: 125

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009.

(2) The following provisions come into force on the day after the day on which this Order is made—

(a) this article and articles 2 and 5 to 10;

(b) in Schedule 1, paragraphs 1(a), 3 to 6, 11 and 12, and article 3(1) in so far as it relates to those paragraphs;

(c) in Schedule 2, paragraphs 1(a), 6(c), 12 to 14, 16(b) and 17, and article 3(2) in so far as it relates to those paragraphs;

(d) in Schedule 3, paragraphs 2, 3(b) and (c), 5, 6, 11 to 14, 17(a), 19(a) and 26(a), and article 3(3) in so far as it relates to those paragraphs;

(e) in Schedule 4, Part 6, and article 4(1) in so far as it relates to that Part; and

(f) in Schedule 5, paragraphs 1 and 2, and article 4(2) in so far as it relates to those paragraphs.

(3) Except as provided for by paragraph (2), the provisions of this Order which confer, amend or substitute powers enabling rules or orders to be made come into force on the making of this Order, but for the purpose only of the exercise of those powers.

(4) Paragraphs (5) and (6) have effect subject to paragraph (3).

(5) The following provisions come into force on the coming into force of article 21 of the 2007 Order (the Register of Pharmacy Technicians)—

(a) in Schedule 3, paragraphs 1, 3(a), 4, 7 to 10, 15, 16, 17(b), 19(b) and (c), 20 to 23, 24(b), 25 and 26(b), and article 3(3) in so far as it relates to those paragraphs; and

(b) in Schedule 4, Part 3, and article 4(1) in so far as it relates to that Part.

(6) The following provisions come into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information)—

(a) in Schedule 1, paragraphs 7 to 9, and article 3(1) in so far as it relates to those paragraphs;

(b) in Schedule 2, paragraph 5, and article 3(2) in so far as it relates to that paragraph;

(c) in Schedule 3, paragraph 18, and article 3(3) in so far as it relates to that paragraph;

(d) in Schedule 4, Part 2, and article 4(1) in so far as it relates to that Part; and

(e) in Schedule 5, paragraph 9, and article 4(2) in so far as it relates to that paragraph.

(7) Paragraph 12 of Schedule 5, and article 4(2) in so far as it relates to that paragraph, come into force on the coming into force of section 30(2) of the Protection of Vulnerable Groups (Scotland) Act 2007 (notice of listing etc. ).

(8) Paragraph 13 of Schedule 5, and article 4(2) in so far as it relates to that paragraph, come into force on the coming into force of Article 46(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (registers: power to apply for vetting information).

(9) Except as provided for by paragraphs (2) to (8), this Order comes into force on such day as the Privy Council may by order appoint.

(10) Different days may be appointed by an order under paragraph (9) for different provisions or different purposes.

(11) Before making an order under paragraph (9), the Privy Council must consult the Scottish Ministers.

(12) Subject to paragraph (13), this Order extends to England and Wales, Scotland and Northern Ireland.

(13) The extent of any amendment or revocation of any enactment or instrument set out in the Schedules is the same as that of the enactment or instrument amended or revoked.

Section 2 Interpretation

In this Order—

“the 1984 Act ” means the Dentists Act 1984 ;

“the 2001 Order ” means the Health Professions Order 2001 ;

“the 2007 Order” means the Pharmacists and Pharmacy Technicians Order 2007 ;

“ AEP ” means the Association of Educational Psychologists, which held its inaugural meeting at the London School of Economics on 14th April 1962 and was founded on that date ;

“AEP register” means the aggregate of the entries in the membership list maintained by the AEP that relate to—

full members of the AEP; or

affiliate members of the AEP who have been full members of the AEP at any time during the two year period immediately prior to the appointed day for practitioner psychologists;

“appointed day for practitioner psychologists” means the day on which paragraph 16(d) of Schedule 2 comes into force;

“ BPS ” means the British Psychological Society, which was incorporated by Royal Charter on 26th February 1965 ;

“BPS register” means the aggregate of the entries in the register maintained by the BPS that relate to holders of practising certificates who are or have been full members of one or more of the divisions of the BPS in respect of the following branches of psychology: clinical psychology; counselling psychology; educational psychology; forensic psychology; health psychology; occupational psychology; and sport and exercise psychology;

“ HPC ” means the Health Professions Council established under article 3 of the 2001 Order;

“HPC register” means the register maintained under article 5 of the 2001 Order; and

“the principal measures ” means the 1984 Act, the 2001 Order and the 2007 Order.

Section 3 Amendments to the principal measures

(1) The amendments to the 1984 Act set out in Schedule 1 have effect.

(2) The amendments to the 2001 Order set out in Schedule 2 have effect.

(3) The amendments to the 2007 Order set out in Schedule 3 have effect.

Section 4 Amendments to and revocations of other legislation

(1) The amendments to and revocations of subordinate legislation set out in Schedule 4 have effect.

(2) The amendments to Acts of Parliament, Acts of the Scottish Parliament and Northern Ireland legislation set out in Schedule 5 have effect.

(3) The references in articles 9(4)(a), 13(1)(b) and 39(2) of the 2001 Order to the coming into force of an order under article 6(1) of the Order in relation to a profession include a reference to the coming into force in relation to a profession of paragraph 8 of Schedule 4.

Section 5 Transitory and transitional provisions relating to the introduction of statutory registration of practitioner psychologists

(1) The HPC and the BPS, and the HPC and the AEP, shall enter into arrangements (which may include financial arrangements) to facilitate the introduction of the new arrangements for the statutory regulation of practitioner psychologists arising out of this Order.

(2) The arrangements entered into under paragraph (1) shall include arrangements to ensure that all the names in the BPS register and the AEP register which are to be entered in the HPC register with effect from the appointed day for practitioner psychologists are so entered.

(3) Subject to paragraphs (5) and (6), if on the day before the appointed day for practitioner psychologists a person’s name is included in the BPS register or the AEP register (or both), the person shall be registered in the part of the HPC register which relates to practitioner psychologists with effect from the appointed day for practitioner psychologists.

(4) If on the appointed day for practitioner psychologists there is an outstanding application for a person’s name to be entered in the BPS register or the AEP register (including an application for restoration to the register), the HPC—

(a) may determine that the person’s name is to be entered in the part of the HPC register which relates to practitioner psychologists; and

(b) shall dispose of the matter in such manner as it considers just.

(5) If on the day before the appointed day for practitioner psychologists a person’s name is included in the BPS register or the AEP register but—

(a) the person’s registration is suspended (whether temporarily or permanently); or

(b) the person is the subject of proceedings which could lead to the person’s removal or suspension from the BPS register or the AEP register,

paragraph (6) applies.

(6) In the circumstances described in paragraph (5), the HPC—

(a) may determine that the person’s name is not to be entered in the part of the HPC register which relates to practitioner psychologists; and

(b) shall dispose of the matter (including any proceedings) in such manner as it considers just.

(7) Where a person is registered in the HPC register pursuant to paragraph (3) or (4), the person’s home address shall not be published in the HPC register without the person’s consent.

(8) Subject to paragraph (9), the Privy Council may—

(a) with the consent of the BPS, by order provide for the transfer from the BPS to the HPC of any property, rights or liabilities;

(b) with the consent of the AEP, by order provide for the transfer from the AEP to the HPC of any property, rights or liabilities,

and any order under this paragraph may include such supplementary, incidental or consequential provisions as the Privy Council considers necessary or expedient.

(9) An order under paragraph (8) may not relate to land or any interest in, or right over, land.

Section 6 Saving provisions relating to procedures for making or approving legislation

(1) The amendments made to—

(a) section 51 (exercise of powers conferred on the Privy Council) of the 1984 Act by virtue of paragraph 11 of Schedule 1;

(b) article 42 (exercise of powers by the Privy Council) of the 2001 Order by virtue of paragraph 12 of Schedule 2; and

(c) articles 66 (rules) and 69 (Privy Council procedures etc.) of the 2007 Order by virtue of paragraphs 24 and 25 of Schedule 3,

altering the procedure for making or approving rules, regulations or orders do not affect the validity of any rules, regulations or orders made prior to the coming into force of the amendments.

(2) Accordingly, such rules, regulations and orders—

(a) shall continue to have effect notwithstanding the coming into force of those amendments; and

(b) may be amended or revoked by rules, regulations or orders made or approved using the altered procedure.

Section 7 Transitional and saving measures relating to the General Dental Council

(1) The Privy Council may, by a direction under subsection (1) of section 60 of the Health Act 2006 (Commission to exercise Privy Council’s appointment functions), require the Appointments Commission to appoint the person who held office as President of the General Dental Council on the day before the relevant order comes into force as a member of the General Dental Council as constituted on the day the relevant order comes into force.

(2) The relevant order may include a provision enabling the Privy Council to appoint as the chair of the General Dental Council, for a specified period, the person who held office as President of that Council on the day before the relevant order comes into force.

(3) For the purposes of paragraphs (1) and (2), “relevant order” means the first order of the Privy Council under section 1(2A) of the 1984 Act that includes provision required by paragraph 1B(1) of Schedule 1 to that Act.

(4) On and after the day on which this article comes into force, subsection (3) of section 3 of the 1984 Act (power of medical authorities to hold examinations and grant licences in dentistry) shall apply as if the reference to universities or other bodies who choose appointed members of the General Medical Council were a reference to—

(a) the universities or other bodies who were entitled to choose those members on 31st December 2008; and

(b) such other universities or other bodies as the Privy Council designates by order for the purposes of this paragraph.

(5) Article 5 of the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (saving provision relating to the definition of “medical authority” in section 3(3) of the Dentists Act 1984) is superseded by paragraph (4) and, accordingly, is omitted.

Section 8 Cancellation of elections to, and transitional measures relating to, the Health Professions Council

(1) Elections shall not be held in respect of the vacancies which, but for the amendments to the 2001 Order set out in paragraph 17(1)(c) of Schedule 2, would have arisen in respect of the registrant and alternate members of the HPC who were due to vacate office at the end of 8th July 2009.

(2) The Privy Council may, by a direction under subsection (1) of section 60 of the Health Act 2006 (Commission to exercise Privy Council’s appointment functions), require the Appointments Commission to appoint the person who held office as President of the HPC on the day before the first order under article 3(7A) of the 2001 Order comes into force as a member of the HPC as constituted on the day the first order under article 3(7A) of the 2001 Order comes into force.

(3) The first order under article 3(7A) of the 2001 Order may include a provision enabling the Privy Council to appoint as the chair of the HPC, for a specified period, the person who held office as President of the HPC on the day before the first order under article 3(7A) of the 2001 Order comes into force.

Section 9 Transitional, transitory or saving provisions orders

(1) In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.

(2) The power to make an order under paragraph (1) may be exercised—

(a) so as to make different provision—

(i) with respect to different cases or different classes of cases, or

(ii) in respect of the same case or class of case for different purposes;

(b) in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or

(c) so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.

(3) Before making an order under paragraph (1)—

(a) that includes measures relating to the regulation of—

(i) operating department practitioners,

(ii) practitioner psychologists,

(iii) pharmacy technicians, or

(iv) a profession complementary to dentistry, or a class of members of a profession complementary to dentistry, which immediately before the revocation of the Dental Auxiliaries Regulations 1986 did not constitute a class of dental auxiliaries regulated by those Regulations; or

(b) that relates to the commencement of the new section 30A of the Protection of Vulnerable Groups (Scotland) Act 2007 ,

the Privy Council must consult the Scottish Ministers.

Section 10 Privy Council procedures etc.

(1) The power of the Privy Council to make an order under article 1(9), 5(8), 7(4)(b) or 9(1) may be exercised by any two or more members of the Privy Council.

(2) The making of an order under article 1(9), 5(8), 7(4)(b) or 9(1) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

(3) The power to make an order under article 1(9), 7(4)(b) or 9(1) shall be exercisable by statutory instrument.

(4) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power to which paragraph (3) applies is to be taken to be conferred by an Act of Parliament.

(5) Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of—

(a) the fact that the order was duly made; and

(b) the order’s terms.

Section 1 Amendment of section 1

In section 1 (constitution and general duties of the Council)—

(a) after subsection (1) insert the following subsection—

(1A) When exercising their functions under this Act, the Council shall have proper regard for—

(a) the interests of persons using or needing the services of registered dentists or registered dental care professionals in the United Kingdom; and

(b) any differing interests of different categories of registered dentists or registered dental care professionals.

(b) omit subsection (2B).

Section 2 Amendment of section 2

In section 2 (committees of the Council)—

(a) in subsection (6), for “order of the Privy Council” substitute “rules”;

(b) after subsection (6) insert the following subsection—

(6A) Rules made under subsection (6) may provide for the functions of a committee of the Council mentioned in this section to be exercised by one or more panels comprised of members of the committee and may make provision with regard to the constitution of the panels.

(c) omit subsections (7) and (8).

Section 3 Amendment of section 2A

In section 2A (the Council’s duty to co-operate), in subsection (2)—

(a) in paragraph (d), for “the services provided by the professions regulated under this Act” substitute “the provision, supervision or management of national health services”; and

(b) in paragraph (e), omit sub-paragraph (ii) and the “or” at the end of sub-paragraph (i).

Section 4 Substitution of section 2B

For section 2B (annual and other reports) substitute the following section—

Annual reports, statistical reports and strategic plans

(2B)

(1) The Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of their functions which includes a description of the arrangements that the Council have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006 );

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the Council have put in place to protect members of the public from persons who are registered dentists or registered dental care professionals and whose fitness to practise is impaired, together with the Council’s observations on the report; and

(c) a strategic plan for the Council in respect of such number of years as the Council shall determine.

(2) The Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament and before the Scottish Parliament.

Section 5 Amendment of section 2C

In section 2C (accounts), in subsection (4)(b), for “Privy Council and the Comptroller and Auditor General” substitute “Privy Council, the Comptroller and Auditor General and the Auditor General for Scotland”.

Section 6 New section 2E

After section 2D , insert the following section—

Registration of members’ private interests

(2E)

(1) The Council must establish and maintain a system for the declaration and registration of private interests of their members.

(2) The Council must publish entries recorded in the register of members’ private interests.

Section 7 Amendment of section 27

In section 27 (which relates to allegations against registered dentists), in subsection (2), omit “or” at the end of paragraph (f) and after paragraph (g) insert—

(h) the Independent Barring Board including the person in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ); or

(i) the Scottish Ministers including the person in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 ).

Section 8 Amendment of section 36N

In section 36N (which relates to allegations against registered dental care professionals), in subsection (2), omit “or” at the end of paragraph (f) and after paragraph (g) insert—

(h) the Independent Barring Board including the person in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007); or

(i) the Scottish Ministers including the person in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007).

Section 9 Amendment of section 41

In section 41 (restriction on individuals), in subsection (2A) , for “paragraph (a), (d), (e), (f) or (g)” substitute “paragraphs (a) and (d) to (i)”.

Section 10 Amendment of section 50C

In section 50C (rules), in the final entry in the list in subsection (2), for “paragraphs 4(2) and 8(1)(a) and (b)” substitute “paragraph 8(1)(b)”.

Section 11 Amendment of section 51

In section 51 (exercise of powers conferred on Privy Council)—

(a) in subsection (3), for paragraph (c) substitute the following paragraph—

(c) approving rules under Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists), including rules made under Schedule 3 as applied (with modifications) by—

(i) section 44A (supplementary provisions relating to financial penalties in relation to bodies corporate), or

(ii) paragraph 4(7) of Schedule 2A (registration appeals: dentists register),

(b) for subsections (4) and (5) substitute the following subsections—

(4) A statutory instrument which contains an order made by the Privy Council approving—

(a) regulations under section 36A(2) (professions complementary to dentistry);

(b) rules under section 36L (insurance); or

(c) rules under Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals), including rules made under Schedule 4B as applied (with modifications) by paragraph 4(7) of Schedule 4A (registration appeals: dental care professionals register),

shall be subject to annulment in pursuance of a resolution of either House of Parliament or, where subsection (5) applies, a resolution of either House of Parliament or a resolution of the Scottish Parliament.

(5) This subsection applies where an order of the Privy Council mentioned in subsection (4)—

(a) approves regulations under section 36A(2) that specify a profession complementary to dentistry, or a class of members of a profession complementary to dentistry, which immediately before the revocation of the Dental Auxiliaries Regulations 1986 did not constitute a class of dental auxiliaries regulated by those Regulations; or

(b) approves rules that apply to such a profession or such a class of members of such a profession.

Section 12 Amendment of section 53

In section 53 (interpretation), in subsection (3) , after “the provision” (at both places) insert “, supervision or management”.

Section 13 Amendment of Schedule 1

(1) Schedule 1 (the Council and Committees of the Council: supplementary provisions) is amended in accordance with this paragraph.

(2) For paragraph 1 (constitution) substitute the following paragraphs—

Constitution

(1A)

(1) The Council shall consist of—

(a) registrant members, that is members who are registered dentists or registered dental care professionals; and

(b) lay members, that is members who—

(i) are not and never have been registered dentists or registered dental care professionals, and

(ii) do not hold qualifications which would entitle them to apply for registration as a registered dentist or registered dental care professional.

(2) The members of the Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

(4) Before the Privy Council directs the Appointments Commission under section 60(1) of the Health Act 2006 to exercise any function of the Privy Council relating to the appointment of members of the Council, the Privy Council shall consult the Council.

Matters for the order of the Privy Council under section 1(2A)

(1B)

(1) An order under section 1(2A) shall include provision with regard to—

(a) the numbers of registrant members and lay members of the Council;

(b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

(d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum of the Council; and

(g) the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under section 1(2A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

(3) An order under section 1(2A) may include provision with regard to—

(a) the maximum period for which a member of the Council may hold office as a member during a specified period;

(b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

(i) that education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the Council at meetings of the Council; and

(e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member.

(4) An order under section 1(2A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

(3) Omit paragraphs 2 (lay members), 3 (members who are registered dentists or registered dental care professionals) and 4 (Council President).

(4) In paragraph 6 (which relates to general powers of the Council)—

(a) in sub-paragraph (3), omit “of the Council and”; and

(b) in sub-paragraph (4), omit “of the Council or”.

(5) In paragraph 8 (which relates to the general powers of the Council to make rules)—

(a) in sub-paragraph (1), omit paragraph (a); and

(b) after sub-paragraph (1A) insert the following sub-paragraphs—

(1B) Rules made under sub-paragraph (1)(c) may make provision for a body (including a committee of the Council which is not one of the committees referred to in section 2) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Council’s committees.

(1C) Rules made under sub-paragraph (1)(c) by virtue of sub-paragraph (1B) may authorise a body—

(a) to appoint committee members on behalf of the Council; or

(b) to perform any function relating to tenure of office or suspension or removal from office.

(6) After paragraph 8 insert the following paragraph—

(8A)

(1) Subject to any provision made by this Act or by rules under this Act, the Council may regulate its procedures and the procedures of its committees and sub-committees, other than the committees referred to in section 2, by standing orders.

(2) Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(2A).

(3) Subject to any provision made by this Act, by rules under this Act or by standing orders made by virtue of sub-paragraph (1), each committee and sub-committee of the Council may regulate its own procedures.

Section 1 Amendment of article 3

In article 3 (the Health Professions Council and its Committees)—

(a) for paragraph (5) substitute the following paragraphs—

(5) In exercising its functions, the Council shall—

(a) have proper regard for—

(i) the interests of persons using or needing the services of registrants in the United Kingdom, and

(ii) any differing interests of different categories of registrants;

(b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i) the employment (whether or not under a contract of service) of registrants,

(ii) the education or training of registrants or other health care professionals,

(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv) the regulation of health services, and

(v) the provision, supervision or management of health or education services.

(5A) In carrying out its duty to co-operate under paragraph (5)(b), the Council shall have regard to any differing considerations relating to practising as a registrant which apply in England, Scotland, Wales or Northern Ireland.

(5B) In paragraph (5), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (which relates to the Council for Healthcare Regulatory Excellence), other than the Council.

(b) omit paragraph (7);

(c) before paragraph (8) insert the following paragraph—

(7A) The Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1.

(d) in paragraph (8), after “of the Council” insert “and orders of the Privy Council under paragraph (7A)”; and

(e) in paragraph (17)(a), after “the Secretary of State” insert “and the Scottish Ministers”.

Section 2 Amendment of article 5

In article 5 (establishment and maintenance of register), in paragraph (3)(a), omit “the Conduct and Competence Committee in addition to”.

Section 3 Amendment of article 13

In article 13 (transitional provisions relating to admission to the register), in paragraph (1)—

(a) for sub-paragraph (c) substitute—

(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

(b) in sub-paragraph (d), after “two years” add “, or in the case of practitioner psychologists three years,”.

Section 4 Amendment of article 21

In article 21 (Council’s functions in respect of fitness to practise, ethics and other matters), in paragraph (3)(a), omit “standards or” and “the Conduct and Competence Committee in addition to”.

Section 5 Amendment of article 22

In article 22 (allegations), in paragraph (1)(a), omit “or” at the end of paragraph (iv) and after paragraph (v) insert—

(vi) the Independent Barring Board including the person in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007), or

(vii) the Scottish Ministers including the person in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007);

Section 6 Amendment of article 25

In article 25 (Council’s power to require disclosure of information)—

(a) in paragraph (1)—

(i) for “them in” substitute “the Council or any of its Practice Committees in”, and

(ii) for “a Practice Committee” substitute “the Council”;

(b) in paragraph (5), for “the Practice Committee in respect of the allegation with which it is dealing” substitute “a Practice Committee with regard to the person concerned”; and

(c) omit paragraph (6).

Section 7 Amendment of article 27

In article 27 (the Conduct and Competence Committee), omit paragraph (a) and the “and” at the end of that paragraph.

Section 8 Amendment of article 32

In article 32 (investigation of allegations: procedural rules), in paragraph (4), for “Chairman” substitute “chair”.

Section 9 Amendment of article 37

In article 37 (appeals against decisions of the Education and Training Committee)—

(a) in paragraph (5)—

(i) in sub-paragraph (a), after “an appeal” insert “and for the membership of any panel considering such an appeal on the Council’s behalf”,

(ii) in sub-paragraph (c)(ii), omit “(who shall not be a registered medical practitioner)”, and

(iii) in sub-paragraph (g), for “Chairman” substitute “chair”; and

(b) after paragraph (5) insert the following paragraph—

(5A) For the purposes of paragraph (5), “lay member” means a person who is not and never has been—

(a) a registrant or registered under the 1960 Act;

(b) a member of the Association of Operating Department Practitioners, the Association of Educational Psychologists or the British Psychological Society; or

(c) a registered medical practitioner.

Section 10 Amendment of article 39

In article 39 (offences), in paragraph (2)(a), for “13(1)(b)” substitute “13(1)(d)”.

Section 11 Amendment of article 41

In article 41 (rules and orders)—

(a) in paragraph (1), after “this Order” insert “, apart from rules made solely under paragraph 17 of Schedule 1,”; and

(b) in paragraph (3), after “this Order,” insert “ apart from rules made solely under paragraph 17 of Schedule 1,”.

Section 12 Amendment of article 42

In article 42 (exercise of powers by the Privy Council)—

(a) after paragraph (2) insert the following paragraph—

(2A) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power of the Privy Council to make an order under this Order is to be taken to be conferred by an Act of Parliament.

(b) for paragraph (3) substitute the following paragraphs—

(3) A statutory instrument that contains an order made by the Privy Council, other than an order made under article 48(2) or under paragraph 19, 20 or 21 of Schedule 2, shall—

(a) where paragraph (3A) applies, be subject to annulment in pursuance of a resolution of either House of Parliament or a resolution of the Scottish Parliament; or

(b) where paragraph (3A) does not apply, be subject to annulment in pursuance of a resolution of either House of Parliament.

(3A) This paragraph applies to a statutory instrument containing—

(a) an order under article 6(3) that includes measures relating to the regulation of operating department practitioners or practitioner psychologists; or

(b) an order approving rules under article 5(2)(b), 7(2)(c) or (d), 9(2), 10, 19, 26(3), 30(9), 32, 33(4) or 37(4) that include measures relating to the regulation of operating department practitioners or practitioner psychologists.

Section 13 Substitution of article 44

For article 44 (annual reports) substitute the following article—

Annual reports, statistical reports and strategic plans

(44)

(1) The Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of its functions which includes a description of the arrangements that the Council has put in place to ensure that it adheres to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006 (equality and diversity));

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the Council has put in place under article 21(1)(b) to protect members of the public from registrants whose fitness to practise is impaired, together with the Council’s observations on the report; and

(c) a strategic plan for the Council in respect of such number of years as the Council shall determine.

(2) The Council shall submit copies of the reports and the plan published under paragraph (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament and before the Scottish Parliament.

Section 14 Amendment of article 46

In article 46 (accounts of the Council)—

(a) for paragraph (3) substitute the following paragraph—

(3) The Council shall ensure that the persons it appoints are eligible for appointment as statutory auditors under Part 42 of the Companies Act 2006 (statutory auditors).

(b) in paragraph (4)(b), for “the Privy Council and to the Comptroller and Auditor General” substitute “the Privy Council, the Comptroller and Auditor General and the Auditor General for Scotland”; and

(c) in paragraph (7), after “House of Parliament” insert “and the Scottish Parliament”.

Section 15 Amendment of Schedule 1

(1) Schedule 1 (the Health Professions Council and committees) is amended in accordance with this paragraph.

(2) In Part 1 , for paragraphs 1 to 12 substitute the following paragraphs—

Membership: general

(1A)

(1) The Council shall consist of—

(a) registrant members, that is members who are registrants; and

(b) lay members, that is members who—

(i) are not and never have been registrants or registered under the 1960 Act or in the AODP register, the AEP register or the BPS register; and

(ii) do not hold qualifications which would entitle them to apply for registration under this Order.

(2) The members of the Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

(4) Before the Privy Council directs the Appointments Commission under section 60(1) of the Health Act 2006 to exercise any function of the Privy Council relating to the appointment of members of the Council, the Privy Council shall consult the Council.

Matters for the order of the Privy Council under article 3(7A)

(1B)

(1) An order under article 3(7A) shall include provision with regard to—

(a) the numbers of registrant members and lay members of the Council;

(b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

(d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum of the Council; and

(g) the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under article 3(7A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

(3) An order under article 3(7A) may include provision with regard to—

(a) the maximum period for which a member of the Council may hold office as a member during a specified period;

(b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

(i) that education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the Council at meetings of the Council; and

(e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member.

(4) An order under article 3(7A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

(3) For paragraph 13, substitute the following paragraph—

(13)

(1) Subject to any provision made by this Order or under this Order (otherwise than by standing orders), the Council may by standing orders make provision in respect of—

(a) its procedure;

(b) the performance of its functions;

(c) the constitution of its committees and sub-committees, other than the statutory committees;

(d) the procedure of any of its committees or sub-committees;

(e) the performance by any of its committees or sub-committees of their functions; and

(f) the standards of education, training, attendance and performance expected of the members of its committees and sub-committees.

(2) Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under article 3(7A).

(4) In paragraph 14 (which relates to non-statutory committees and declarations of interests), omit sub-paragraph (3).

(5) In paragraph 15 (which relates to voting), in sub-paragraph (2), for “Chairman” substitute “chair”.

(6) In paragraph 16 (powers of the Council)—

(a) omit sub-paragraph (2)(g); and

(b) omit sub-paragraphs (6) and (7).

(7) In paragraph 17 (Education and Training Committee), for sub-paragraphs (1) and (2) substitute the following sub-paragraphs—

(1) Subject to any provision made by this Order, the Council shall by rules make provision with regard to the constitution of the Education and Training Committee, and those rules shall include provision with regard to—

(a) its size and membership;

(b) the appointment, suspension and removal of its members;

(c) its chair, including the deputising arrangements for its chair; and

(d) the quorum at its meetings.

(2) The rules may make provision for a body (including a committee of the Council other than the Education and Training Committee) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Education and Training Committee, including any function relating to tenure of office or suspension or removal from office.

(2A) The Council shall have regard, where appropriate, when appointing non-Council members to the Education and Training Committee, to the guidance issued by the Commissioner for Public Appointments.

(2B) Subject to any provision made by or under this Order, including provision made by standing orders of the Council made under paragraph 13(d), the Education and Training Committee may regulate its own procedure.

(8) For paragraph 18 (which relates to the constitution of Practice Committees), substitute the following paragraph—

(18)

(1) Subject to any provision made by this Order, the Council shall by rules make provision with regard to the constitution of each Practice Committee, and those rules shall include provision with regard to—

(a) its size and membership;

(b) the appointment, suspension and removal of its members;

(c) its chair, including the deputising arrangements for its chair; and

(d) the quorum at its meetings.

(2) Where the rules provide for one or more panels of members of a Practice Committee to perform functions of the Committee, the provision required by sub-paragraph (1)(d) includes provision with regard to the quorum at meetings of those panels.

(3) The rules may make provision for a body (including a committee of the Council which is not one of the Practice Committees) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of a Practice Committee, including any function relating to tenure of office or suspension or removal from office.

(4) Subject to any provision made by or under this Order, including provision made by standing orders of the Council made under paragraph 13(d), each Practice Committee may regulate its own procedure.

(9) In paragraph 19 (which relates to supplemental matters relating to Practice Committees)—

(a) omit sub-paragraphs (1) to (4), (6), (9) and (11); and

(b) in sub-paragraph (8), for “Chairman” substitute “chair”.

Section 16 Amendment of Schedule 3

In Schedule 3 (interpretation), in paragraph 1—

(a) after the definition of “the 1960 Act” insert the following definition—

“the 2009 Order ” means the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009;

(b) insert the following definition at the appropriate place in the alphabetical order—

“enactment” has the same meaning as in Schedule 3 to the Health Act 1999;

(c) insert each of the following definitions at the appropriate place in the alphabetical order—

“AEP register” means the aggregate of the entries in the membership list maintained by the Association of Educational Psychologists (which held its inaugural meeting at the London School of Economics on 14th April 1962 and was founded on that date ) that relate to full members of the Association;

“BPS register” means the aggregate of the entries in the register maintained by the British Psychological Society (which was incorporated by Royal Charter on 26th February 1965 ) that relate to holders of practising certificates who are full members of one or more of the divisions of the Society in respect of the following branches of psychology: clinical psychology; counselling psychology; educational psychology; forensic psychology; health psychology; occupational psychology; and sport and exercise psychology;

“practitioner psychologists” means clinical psychologists, counselling psychologists, educational psychologists, forensic psychologists, health psychologists, occupational psychologists and sport and exercise psychologists, and this group of professions is to be treated as a single profession for the purposes of this Order;

(d) in the definition of “relevant professions”, after “physiotherapists;” insert “practitioner psychologists;”; and

(e) omit the definitions of “alternate member”, “corresponding registrant member”, “lay member” and “registrant member”.

Section 17 Temporary measures pending the introduction of the new composition of the Council

(1) In Schedule 1 (the Health Professions Council and committees)—

(a) in paragraph 1 (which relates to membership of the Council)—

(i) in sub-paragraph (1)(c), before “13 members” insert “subject to sub-paragraph (2A),”,

(ii) in sub-paragraph (2), before “The Council” insert “Subject to sub-paragraph (2A),”, and

(iii) after sub-paragraph (2) insert the following sub-paragraph—

(2A) The Council need not appoint an alternate member for a particular registrant member, where to do so would require it to hold a by-election, and in these circumstances there shall be no alternate member for that registrant member (and the number of alternate members of the Council shall be reduced accordingly) unless or until an election (including a by-election) needs to be held to replace that registrant member.

(b) in paragraph 2(2), before “The election scheme shall provide” insert “Subject to paragraph 1(2A),”; and

(c) in paragraph 9 (tenure of members)—

(i) in sub-paragraph (1), before “Each member’s term” insert “Subject to sub-paragraphs (1A) and (1B),”, and

(ii) after sub-paragraph (1) insert the following sub-paragraphs—

(1A) The term of office of any registrant or alternate member who holds office on 8th July 2009 shall expire at the end of 8th July 2010 or on the coming into force of the first order of the Privy Council under article 3(7A), whichever is the sooner.

(1B) The full term of office of any registrant or alternate member who ceases to be a member before 8th July 2009 and whose vacancy remains unfilled at the end of 8th July 2009 shall, for the purposes of paragraph 8(2), be treated as if it would have expired at the end of 8th July 2010 or on the coming into force of the first order of the Privy Council under article 3(7A), whichever is the sooner.

(2) In Schedule 2 (transitional provisions), omit paragraph 6 (which relates to the tenure of office of members following the end of the second transitional period).

Section 18 Potential temporary measures if registration of practitioner psychologists is introduced before the reform of the composition of the Council

In Part 1 of Schedule 1 (the Health Professions Council)—

(a) in paragraph 1(1)—

(i) in paragraph (a), for “13 members who are” substitute “14 members who, subject to sub-paragraph (5), are”,

(ii) in paragraph (b), for “12 members” substitute “13 members”, and

(iii) in paragraph (c), for “13 members” substitute “14 members who, subject to sub-paragraph (5), are”;

(b) in paragraph 1, after sub-paragraph (4) insert the following sub-paragraph—

(5) On the coming into force of paragraph 18(a) of Schedule 2 to the 2009 Order, the Privy Council shall appoint a person to be the first registrant member and a person to be the first alternate member in respect of the part of the register which relates to practitioner psychologists.

(c) in paragraph 2(1), after “1(2A)” insert “and (5)”;

(d) in paragraph 2(2)—

(i) in paragraph (a)(i), for “be elected for” substitute “represent”, and

(ii) in paragraph (c), omit “elected”;

(e) in paragraph 3, for “or the AODP register” substitute “, the AODP register, the AEP register or the BPS register”; and

(f) in paragraph 9 (which relates to tenure of members)—

(i) in sub-paragraph (1), for “Subject to sub-paragraphs (1A) and (1B),” substitute “Subject to sub-paragraphs (1A) to (1C),”, and

(ii) after sub-paragraph (1B) insert the following sub-paragraph—

(1C) The terms of office of—

(a) the first registrant member and the first alternate member appointed in respect of the part of the register which relates to practitioner psychologists; and

(b) the corresponding additional lay member,

shall expire at the end of 8th July 2010 or on the coming into force of the first order of the Privy Council under article 3(7A), whichever is the sooner.

Section 1 Amendment of article 2

In article 2 (extent)—

(a) in paragraph (1), for “paragraphs (2) and” substitute “paragraph”; and

(b) omit paragraph (2).

Section 2 Amendment of article 3

In article 3 (interpretation), after paragraph (2) insert the following paragraph—

(3) For the purposes of articles 19A and 19B, “emergency” means an emergency of the type described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section.

Section 3 Amendment of article 4

In article 4 (the Society’s general duties)—

(a) in paragraph (2)(a)—

(i) in paragraph (i), for “registered pharmacists” substitute “registrants”,

(ii) at the end of paragraph (i) insert “and”, and

(iii) omit paragraph (ii) and the “and” at the end of that paragraph;

(b) in paragraph (2)(b), omit the “and” at the end of paragraph (iii) and for paragraph (iv) substitute the following paragraphs—

(iv) the regulation of health services, and

(v) the provision, supervision or management of health services.

(c) in paragraph (3)(b), after “England” insert “, Scotland”.

Section 4 Amendment of article 6

In article 6 (the Council’s duties in respect of publications)—

(a) for paragraph (1) substitute the following paragraphs—

(1) The Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of the Society’s functions which includes a description of the arrangements that the Society has put in place to ensure that it adheres to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006 (equality and diversity)); and

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the Society has put in place to protect members of the public from registrants whose fitness to practise is impaired, together with the Council’s observations on the report.

(1A) The Council shall submit copies of the reports published under paragraph (1) to the Privy Council and the Privy Council shall lay copies of the reports before each House of Parliament and before the Scottish Parliament.

(b) for paragraph (3), substitute the following paragraph—

(3) Those annual accounts shall be audited by auditors appointed by the Council, and the Council shall ensure the persons it appoints are eligible for appointment as statutory auditors under Part 42 of the Companies Act 2006 (statutory auditors).

(c) in paragraph (4), after “House of Parliament” insert “and the Scottish Parliament”.

Section 5 Amendment of article 7

In article 7 (the statutory committees), in paragraph (5)(d), after “established under the Charter” insert “or a group established for the purposes of paragraph (2)(b) in accordance with rules under this article”.

Section 6 New articles 19A and 19B

After article 19, insert the following articles—

Temporary registration with regard to emergencies involving loss of human life or human illness etc.

(19A)

(1) If the Secretary of State advises the Registrar that an emergency has occurred, is occurring or is about to occur and that action should be considered under this article, the Registrar may register under this article—

(a) a person in Part 1 of the Register of Pharmacists, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered in Part 1 of the Register of Pharmacists with regard to the emergency; or

(b) the persons comprising a specified group of persons in Part 1 of the Register of Pharmacists, if the Registrar considers that the group is comprised of persons who may reasonably be considered fit, proper and suitably experienced persons to be registered in Part 1 of the Register of Pharmacists with regard to the emergency.

(2) The Registrar may register under this article by virtue of paragraph (1)(b) all of the persons comprising a specified group of persons without first identifying each person in the group.

(3) The registration of a person under this article is subject to such conditions as the Registrar may specify, and the Registrar may at any time vary the conditions to which a person’s registration under this article is subject (including by adding to the conditions or revoking any conditions).

(4) The registration of any person registered under this article by virtue of paragraph (1)(b) as one of a specified group may be subject to the same conditions as the registration of other members of the group, or it may be subject to different conditions.

(5) A person’s registration under this article shall cease to have effect if revoked by the Registrar, which—

(a) the Registrar must do if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in paragraph (1) no longer exist;

(b) the Registrar may do for any other reason at any time, including where the Registrar has grounds for suspecting that the person’s fitness to practise may be impaired.

(6) The registration of a person registered under this article by virtue of paragraph (1)(b) as one of a specified group may be revoked without revoking the registration of the other members of the group, or it may be revoked by virtue of a decision to revoke the registration of all the members of the group.

(7) Articles 11 to 18, 35, 38 and 39, and Part 5 apart from articles 45 to 47, shall not apply to persons registered under this article (in their capacity as such).

(8) If a person who is registered under this article is already registered in Part 2 of the Register of Pharmacists, that person shall—

(a) while that person is registered under this article, be considered as solely registered in Part 1 of that register; and

(b) once that person ceases to be registered under this article, be considered as registered in Part 2 of that register.

(9) Notwithstanding article 19—

(a) a person who is registered under this article is not a member of the Society, unless immediately prior to registration under this article that person was registered in Part 2 of the Register of Pharmacists;

(b) where a person is considered as registered in Part 2 of the Register of Pharmacists by virtue of paragraph (8)(b), that person does not cease to be a member of the Society when that person’s registration under this article ceases.

(10) If a person breaches any condition to which the person’s registration under this article is subject, anything done by that person in breach of that condition is to be treated as not being done by a pharmacist registered in Part 1 of the Register of Pharmacists.

(11) The Registrar may make available information to assist with the identification of persons registered under this article in such manner as the Registrar sees fit.

Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

(19B)

(1) If the Secretary of State advises the Registrar that an emergency has occurred, is occurring or is about to occur and that action should be considered under this article, the Registrar may annotate—

(a) the entry of a registrant in Part 1 of the Register of Pharmacists to indicate that the registrant is qualified to order drugs, medicines and appliances in a specified capacity, notwithstanding that the registrant is not so qualified, if the Registrar considers that the registrant is a fit, proper and suitably experienced person to order drugs, medicines and appliances in that capacity with regard to the emergency; or

(b) the entries of a specified group of registrants in Part 1 of the Register of Pharmacists to indicate that they are qualified to order drugs, medicines and appliances in a specified capacity, notwithstanding that they are not so qualified, if the Registrar considers that the group is comprised of registrants who are of a type who may reasonably be considered fit, proper and suitably experienced persons to order drugs, medicines and appliances in that capacity with regard to the emergency.

(2) The Registrar may make the annotation in such a way so as to distinguish registrants whose entry is annotated by virtue of paragraph (1) from registrants in respect of whom the annotation is made otherwise than by virtue of paragraph (1).

(3) Annotations made by virtue of paragraph (1)—

(a) must be removed by the Registrar if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in paragraph (1) no longer exist;

(b) may be removed by the Registrar at any time, including where the Registrar has grounds for suspecting that the person’s fitness to order drugs, medicines or appliances may be impaired.

(4) A registrant whose entry in Part 1 of the Register of Pharmacists is annotated by virtue of paragraph (1)(b) as one of a specified group may have that annotation removed without the Registrar removing the equivalent annotations of the other members of the group or by virtue of a decision to remove the annotations made by virtue of paragraph (1)(b) of all the members of the group.

Section 7 Amendment of article 22

In article 22 (entitlement to registration in the Register of Pharmacy Technicians), in paragraph (2), for “England, Wales” substitute “Great Britain”.

Section 8 Amendment of article 23

In article 23 (preregistration requirements for pharmacy technicians in respect of qualifications and additional education, training or experience), in paragraph (1)—

(a) in sub-paragraph (a), for “England or Wales” substitute “Great Britain”; and

(b) in sub-paragraph (c), for “England or Wales” (in both places) substitute “Great Britain”.

Section 9 Amendment of article 24

In article 24 (general functions of the Society in respect of pharmacy technicians’ and prospective pharmacy technicians’ education, training and the acquisition of experience), in paragraph (b), for “England and Wales,” substitute “Great Britain,”.