Health and Social Care (Safety and Quality) Bill (HC Bill 17)

Health and Social Care (Safety and Quality) BillPage 10

(10C) References in sub-paragraphs (10A) and (10B) to the over-arching
objective are to the over-arching objective of the Council under
article 3(4) (read with article 3(4A)).

Health and Care Professions Council

6 (1) 5The Health and Social Work Professions Order 2001 (S.I. 2002/254S.I. 2002/254) is
amended as follows.

(2) In article 3 (Health and Care Professions Council and its committees), for
paragraph (4) substitute—

(4) The over-arching objective of the Council in exercising its functions
10is the protection of the public.

(4A) The pursuit by the Council of its over-arching objective involves the
pursuit of the following objectives—

(a) to protect, promote and maintain the health, safety and well-
being of the public;

(b) 15to promote and maintain public confidence in the professions
regulated under this Order; and

(c) to promote and maintain proper professional standards and
conduct for members of those professions.

(3) In article 26 (the Investigating Committee), after paragraph (6) insert—

(6A) 20In deciding whether to act under paragraph (6)(a) or (b)(i), the
Investigating Committee (or any panel by which a function under
that paragraph is exercisable as mentioned in paragraph 18(2) of
Schedule 1) must have regard to the over-arching objective of the
Council under article 3(4) (read with article 3(4A)).

(4) 25In Schedule 1, in Part 2 (statutory committees of Health and Care Professions
Council)—

(a) after paragraph 19(10) insert—

(10A) In exercising a function under article 27, 29, 30 or 33, the
Conduct and Competence Committee (or any panel by
30which the function is exercisable as mentioned in
paragraph 18(2) of this Schedule) must have regard to the
over-arching objective.

(10B) In exercising a function under any of articles 28 to 30 and
33, the Health Committee (or any panel by which the
35function is exercisable as mentioned in paragraph 18(2) of
this Schedule) must have regard to the over-arching
objective.

(10C) References in sub-paragraphs (10A) and (10B) to the over-
arching objective are to the over-arching objective of the
40Council under article 3(4) (read with article 3(4A)).

General Pharmaceutical Council

7 (1) The Pharmacy Order 2010 (S.I. 2010/231S.I. 2010/231) is amended as follows.

(2) In article 6 (General Pharmaceutical Council’s general duties), for paragraph

Health and Social Care (Safety and Quality) BillPage 11

(1) substitute—

(1) The over-arching objective of the Council in exercising its functions
is the protection of the public.

(1A) The pursuit by the Council of its over-arching objective involves the
5pursuit of the following objectives—

(a) to protect, promote and maintain the health, safety and well-
being of the public;

(b) to promote and maintain public confidence in the professions
regulated under this Order;

(c) 10to promote and maintain proper professional standards and
conduct for members of those professions; and

(d) to promote and maintain proper standards in relation to the
carrying on of retail pharmacy businesses at registered
pharmacies.

(3) 15In article 53 (consideration by the Investigating Committee), after paragraph
(2) insert—

(2A) In deciding whether to give a warning or advice under paragraph
(2), the Investigating Committee must have regard to the over-
arching objective of the Council under article 6(1) (read with article
206(1A)).

(4) In Schedule 1 (constitution of the General Pharmaceutical Council), at the
end of paragraph 5 insert—

(8) In exercising a function under article 54 or 57, the Fitness to
Practise Committee must have regard to the over-arching
25objective of the Council under article 6(1) (read with article
6(1A)).