Health and Social Care Bill

House of Commons

Session 2007 - 08
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Health and Social Care Bill

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
142

(b)
after sub-paragraph (1) insert—
   “(1A)
If the Adjudicator considers (on reasonable grounds) that
it would be of assistance to it, in dealing with any
proceedings before it, for there to be an assessment of the
standard of professional performance of the person to
5
whom the proceedings relate—
(a)
the Adjudicator may request the Registrar to
arrange for an assessment to be carried out; and
(b)
on receipt of the request, the Registrar shall arrange
for such an assessment to be carried out.”,
10
(c)
in sub-paragraph (2)—
(i)
for “by virtue of this paragraph” substitute “by virtue of sub-
paragraph (1) or (1A)”, and
(ii)
after “in accordance with rules” insert “made by the General
Council”,
15
(d)
in sub-paragraph (3) for “a Fitness to Practise Panel” substitute “the
Adjudicator”,
(e)
in sub-paragraph (3A)—
(i)
for “a Fitness to Practise Panel” substitute “the Adjudicator”,
and
20
(ii)
for “that Panel” substitute “the Adjudicator”, and
(f)
in sub-paragraph (5)-
(i)
for “a Fitness to Practise Panel” (where first occurring)
substitute “the Adjudicator”,
(ii)
in paragraph (b) for “Panel” substitute “Adjudicator”, and
25
(iii)
in paragraph (c) for “a Fitness to Practise Panel” substitute
“the Adjudicator”.
      (9)
In paragraph 5B, in sub-paragraph (1), for “rules made under paragraph 5A
above” substitute “sub-paragraph (1) or (1A) of paragraph 5A”.
     (10)
In paragraph 7—
30
(a)
in sub-paragraph (1)—
(i)
omit paragraphs (b) and (c),
(ii)
for “them” substitute “the Committee”, and
(iii)
for “the Panel” substitute “the Committee”, and
(b)
in sub-paragraph (4)—
35
(i)
omit “, an Interim Orders Panel or a Fitness to Practise Panel”,
(ii)
in paragraph (a) omit “or a Panel”,
(iii)
in paragraph (a)(ii) omit “or the Panel”, and
(iv)
in paragraph (b) omit “or the Panel”.
     (11)
In paragraph 8, in sub-paragraph (1), after “39(2),” insert “40A(9),”.
40
     (12)
In paragraph 10, in sub-paragraph (1), for “a Fitness to Practise Panel” (in
both places) substitute “the Adjudicator”.
     (13)
In paragraph 13 omit “, an Interim Orders Panel or Fitness to Practise Panel”.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989
143

Part 2
Amendments of Opticians Act 1989
23
In this Part of this Schedule “the 1989 Act” means the Opticians Act 1989
(c. 44).
24
In section 3 of the 1989 Act (the Companies Committee), in subsection (1), for
5
“, the Registration Appeals Committee or the Fitness to Practise Committee”
substitute “or the Registration Appeals Committee”.
25
In section 4 of the 1989 Act (the Investigation Committee), in subsection (2),
for “Fitness to Practise Committee” substitute “Adjudicator”.
26
In section 5A of the 1989 Act (the Registration Appeals Committee), in
10
subsection (1), for the words from “any decision of the registrar” to the end
substitute “any decision which is an appealable registration decision for the
purposes of Schedule 1A”.
27
Omit section 5C of the 1989 Act (the Fitness to Practise Committee).
28
In section 5D of the 1989 Act (the Hearings Panel), in subsection (1), omit
15
“the Fitness to Practise Committee and”.
29
After section 13A of the 1989 Act insert—
“13AA
Fitness to practise findings: guidance
(1)
The Council may publish guidance about factors which they
consider to indicate that—
20
(a)
a registrant (“R”) whose fitness to practise, fitness to carry on
business or (as the case may be) fitness to undertake training
is found to be impaired should or should not have—
(i)
R’s name erased from the appropriate register;
(ii)
R’s registration suspended;
25
(iii)
R’s registration suspended forthwith in accordance
with section 13I;
(iv)
R’s registration made conditional;
(v)
R’s registration made conditional forthwith in
accordance with section 13I;
30
(vi)
a financial penalty order made against R;
(b)
a registrant (“R”) whose fitness to practise is found to be
impaired on the ground of deficient professional
performance should or should not have—
(i)
an entry relating to a speciality or proficiency to the
35
performance of which the deficiency relates removed
from the appropriate register;
(ii)
the entry relating to that speciality or proficiency
removed from the appropriate register temporarily;
(iii)
the entry relating to that speciality or proficiency
40
removed forthwith in accordance with section 13I;
(iv)
the entry relating to that speciality or proficiency
made conditional;
(v)
the entry relating to that speciality or proficiency
made conditional forthwith in accordance with
45
section 13I;

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989
144

(c)
a registrant whose fitness to practise, fitness to carry on
business or (as the case may be) fitness to undertake training
is found not to be impaired should or should not be given a
warning regarding the registrant’s future conduct or
performance;
5
(d)
a person the entry of whose name in a register is found to
have been fraudulently procured or incorrectly made should
or should not have the person’s name removed;
(e)
a person in respect of whom an entry relating to a speciality
or proficiency is found to have been fraudulently procured or
10
incorrectly made in a register should or should not have the
entry removed;
(f)
a person whose name has been erased from a register should
or should not have the person’s name restored to the
appropriate register;
15
(g)
a person who has had an entry relating to a speciality or
proficiency removed from a register should or should not
have the entry restored to the appropriate register.
(2)
The Council may also publish guidance about factors which they
consider to indicate—
20
(a)
that requirements of a particular type should be imposed as
conditions in the case of a registrant whose registration is to
be made conditional or a registrant in respect of whom an
entry relating to a speciality or proficiency is to be made
conditional;
25
(b)
the period of time for which a registrant’s registration should
be suspended or made conditional or an entry relating to a
speciality or proficiency of a registrant should be removed
from the appropriate register or made conditional.
(3)
The Adjudicator must take account of guidance published under
30
subsection (1) or (2) in exercising its functions under sections 13F,
13H, 13I, 13J and 13K.”
30    (1)
Section 13D of the 1989 Act (allegations) is amended as follows.
      (2)
In subsection (2)(g) after “social care profession” insert “, or by the
Adjudicator,”.
35
      (3)
In subsection (3)(g) after “social care profession” insert “, or by the
Adjudicator,”.
      (4)
In subsection (5) for “Fitness to Practise Committee” substitute
“Adjudicator”.
      (5)
In subsection (6) for “Fitness to Practise Committee” (in both places)
40
substitute “Adjudicator”.
      (6)
In subsections (7) and (8) for “Fitness to Practise Committee” substitute
“Adjudicator”.
      (7)
In subsection (9)—
(a)
for “Fitness to Practise Committee” (where first occurring) substitute
45
“Adjudicator”, and
(b)
in paragraph (b) for “Fitness to Practise Committee for the
Committee” substitute “Adjudicator for the Adjudicator”.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989
145

31    (1)
Section 13F of the 1989 Act (powers of the Fitness to Practise Committee) is
amended as follows.
      (2)
In the heading for “Fitness to Practise Committee” substitute “Adjudicator”.
      (3)
In subsection (1) for “Fitness to Practise Committee” substitute
“Adjudicator”.
5
      (4)
In subsection (2)—
(a)
for “Fitness to Practise Committee find” substitute “Adjudicator
finds”, and
(b)
for “they may if they think” substitute “the Adjudicator may if it
thinks”.
10
      (5)
In subsection (3)(c)—
(a)
for “Committee see” substitute “Adjudicator sees”, and
(b)
for “his or its interests” substitute “the registrant’s interests”.
      (6)
In subsection (4)—
(a)
for “Fitness to Practise Committee find” substitute “Adjudicator
15
finds”,
(b)
for “Committee may” substitute “Adjudicator may”, and
(c)
in paragraph (c)—
(i)
for “Committee see” substitute “Adjudicator sees”, and
(ii)
for “his interests” substitute “the registrant’s interests”.
20
      (7)
In subsection (5)—
(a)
for “Fitness to Practise Committee find” substitute “Adjudicator
finds”, and
(b)
for “they” substitute “the Adjudicator”.
      (8)
In subsection (6) for “Fitness to Practise Committee have” substitute
25
“Adjudicator has”.
      (9)
In subsection (7)—
(a)
for “Fitness to Practise Committee may, if they think” substitute
“Adjudicator may (whether or not of its own motion), if it thinks”,
(b)
in paragraph (c)—
30
(i)
for “Committee think” substitute “Adjudicator thinks”, and
(ii)
for “his or its interests” substitute “the registrant’s interests”,
and
(c)
for “Committee shall” substitute “Adjudicator shall”.
     (10)
In subsection (8)—
35
(a)
in paragraph (a) for “Fitness to Practise Committee find” substitute
“Adjudicator finds”, and
(b)
for “they” substitute “the Adjudicator”.
     (11)
In subsection (10)—
(a)
for “Fitness to Practise Committee have” substitute “Adjudicator
40
has”,
(b)
for “Fitness to Practise Committee must” substitute “Adjudicator
must”, and
(c)
in paragraph (a) for “them” substitute “the Adjudicator”.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989
146

     (12)
In subsection (11)—
(a)
for “Fitness to Practise Committee” substitute “Adjudicator”, and
(b)
in paragraph (c)—
(i)
for “Committee see” substitute “Adjudicator sees”, and
(ii)
for “his or its interests” substitute “the registrant’s interests”.
5
     (13)
In subsection (13)—
(a)
for the words from “Fitness to Practise Committee” to “they think”
substitute “Adjudicator may (whether or not of its own motion), if it
thinks”, and
(b)
for “Committee must” substitute “Adjudicator must”.
10
32    (1)
Section 13G of the 1989 Act (provisions supplementary to section 13F) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “Fitness to Practise Committee” substitute “Adjudicator”,
(b)
in paragraph (a) for “give” substitute “gives”, and
15
(c)
in paragraph (b) for “vary” substitute “varies”.
      (3)
In subsection (6) for “Fitness to Practise Committee” substitute
“Adjudicator”.
33
In section 13H of the 1989 Act (financial penalty order), in subsection (1)—
(a)
for “Fitness to Practise Committee have” substitute “Adjudicator
20
has”, and
(b)
for “they” substitute “the Adjudicator”.
34    (1)
Section 13I of the 1989 Act (power to order immediate suspension etc after a
finding of impairment of fitness to practise) is amended as follows.
      (2)
In subsections (1) and (2) for “Fitness to Practise Committee” substitute
25
“Adjudicator”.
      (3)
In subsection (4) for “Fitness to Practise Committee make” substitute
“Adjudicator makes”.
35    (1)
Section 13J of the 1989 Act (removal from a register on grounds of fraud or
error) is amended as follows.
30
      (2)
In subsection (1)—
(a)
for “Fitness to Practise Committee” substitute “Adjudicator”, and
(b)
for “Committee may, if they think” substitute “Adjudicator may, if it
thinks”.
      (3)
In subsection (2) for “Fitness to Practise Committee direct” substitute
35
“Adjudicator directs”.
36    (1)
Section 13K of the 1989 Act (restoration of names to a register) is amended
as follows.
      (2)
In subsections (2) and (3) for “Registration Appeals Committee” substitute
“Adjudicator”.
40
      (3)
In subsection (6)—
(a)
for “Registration Appeals Committee may, if they think” substitute
“Adjudicator may, if it thinks”,

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989
147

(b)
for “direct the registrar to restore” substitute “direct that”, and
(c)
after “proficiency,” insert “be restored”.
      (4)
In subsection (7)—
(a)
for “Registration Appeals Committee” substitute “Adjudicator”,
(b)
for “they consider” substitute “the Adjudicator considers”,
5
(c)
for “they must” substitute “the Adjudicator must”, and
(d)
for “them” substitute “it”.
      (5)
In subsection (8) for “Registration Appeals Committee” substitute
“Adjudicator”.
      (6)
In subsection (9) for “Registration Appeals Committee give” substitute
10
“Adjudicator gives”.
      (7)
In subsection (10) for “Registration Appeals Committee” substitute
“Adjudicator”.
37    (1)
Section 13L of the 1989 Act (interim orders) is amended as follows.
      (2)
In subsection (1)—
15
(a)
for “Fitness to Practise Committee are” substitute “Adjudicator is”,
and
(b)
for “the Committee” substitute “the Adjudicator”.
      (3)
In subsection (2)(b) for “Committee think” substitute “Adjudicator thinks”.
      (4)
In subsection (3)—
20
(a)
for “Fitness to Practise Committee make” substitute “Adjudicator
makes”, and
(b)
for “the Committee” substitute “the Adjudicator”.
      (5)
In subsections (4) and (6) for “Fitness to Practise Committee” substitute
“Adjudicator”.
25
      (6)
In subsection (9) for “Fitness to Practise Committee” (in both places)
substitute “Adjudicator”.
      (7)
In subsection (11)—
(a)
for “Fitness to Practise Committee” substitute “Adjudicator”,
(b)
for “the Committee” substitute “the Adjudicator”, and
30
(c)
omit “and rules made under section 23C below”.
38
After section 23A of the 1989 Act insert—
“23AA
References to Investigation Committee
(1)
Where, in the course of any proceedings before the Adjudicator, the
Adjudicator forms the opinion (on reasonable grounds) that there is
35
a matter which ought to be investigated by the Investigation
Committee—
(a)
the Adjudicator may notify the registrar of that matter; and
(b)
on being so notified, the registrar shall refer the matter to the
Investigation Committee and the Investigation Committee
40
shall investigate the matter.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989
148

(2)
Nothing in subsection (1) prevents the Adjudicator from considering
the matter itself, whether or not it has reached a decision in the
proceedings.”
39    (1)
Section 23B of the 1989 Act (procedure of Fitness to Practise Committee and
Registration Appeals Committee) is amended as follows.
5
      (2)
In the heading omit “Fitness to Practise Committee and”.
      (3)
Omit subsection (1)(a) and the word “or” following it.
40    (1)
Section 23C of the 1989 Act (powers of the Council to make rules) is
amended as follows.
      (2)
Omit subsection (1)(a)(i) and the word “and” following it.
10
      (3)
Omit subsection (2)(e) and (f).
41
In section 23D of the 1989 Act (legal advisers) omit subsection (2)(a) and the
word “and” following it.
42
In section 23E of the 1989 Act (other advisers), in subsections (3) and (4), omit
“the Fitness to Practise Committee and”.
15
43    (1)
Section 23G of the 1989 Act (appeals from the Registration Appeals
Committee and the Fitness to Practise Committee) is amended as follows.
      (2)
In the heading for “Fitness to Practise Committee” substitute “Adjudicator”.
      (3)
In subsection (1)—
(a)
in paragraphs (a) and (b) for “Fitness to Practise Committee”
20
substitute “Adjudicator”, and
(b)
in paragraph (d) for “Registration Appeals Committee” substitute
“Adjudicator”.
      (4)
In subsection (6)—
(a)
for “Fitness to Practise Committee” (where first occurring) substitute
25
“Adjudicator”,
(b)
in paragraph (b) for “direction or variation or order” substitute
“direction, variation, order or (as the case may be) determination”,
(c)
in paragraph (c) for “Fitness to Practise Committee” substitute
“Adjudicator”, and
30
(d)
in paragraph (d) for “registrar for him to refer it to the Fitness to
Practise Committee” substitute “Adjudicator”.
44
After section 23H of the 1989 Act insert—
“23I
Reference of cases by Council to court
(1)
This section applies to—
35
(a)
a decision of the Adjudicator under section 13F giving—
(i)
a direction for suspension, including a direction
extending a period of suspension;
(ii)
a direction for temporary removal of an entry relating
to a speciality or proficiency, including a direction
40
extending a period of temporary removal;