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| | | (a) | direct that the person’s registration in the register |
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| | | shall be suspended (that is to say, shall not have |
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| | | effect) during such period not exceeding 12 |
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| | | months as may be specified in the direction; or |
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| | | (b) | direct that the person’s registration shall be |
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| | | conditional on the person’s compliance, during |
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| | | such period not exceeding 3 years as may be |
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| | | specified in the direction, with such requirements |
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| | | so specified as the Adjudicator thinks fit to impose |
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| | | for the protection of members of the public or in |
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| | | |
| | | (3F) | Where, under sub-paragraph (3E), the Adjudicator gives a |
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| | | direction for suspension or a direction for conditional |
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| | | registration the Registrar shall without delay serve on the |
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| | | person concerned notification of the direction and of the |
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| | | person’s right to appeal against it under sub-paragraph (5). |
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| | | (3G) | While a person’s registration in the register is suspended by |
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| | | virtue of a direction under sub-paragraph (3E)— |
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| | | (a) | the person is to be treated as not being registered in |
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| | | the register notwithstanding that the person’s name |
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| | | (b) | sections 31A, 35C, 35CC, 35D, 35E and 39 are to |
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| | | continue to apply to the person.”’. |
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| | Schedule 7, page 142, line 24, at end insert— |
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| | | ‘( ) | for “by virtue of sub-paragraph (3) above” substitute “under |
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| | Schedule 7, page 142, line 27, at end insert ‘, and |
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| | | ( ) | after sub-paragraph (5) insert— |
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| | | “(5A) | Subject to paragraph 9 below, an appeal under sub- |
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| | | paragraph (5) must be brought before the end of the period |
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| | | of 28 days beginning with the date on which notification of |
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| | | the direction was served under sub-paragraph (3F).”’. |
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| | Schedule 7, page 142, line 40, leave out from ‘sub-paragraph (1)’ to end of line and |
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| | | ‘(a) | after “39(2),” insert “40A(9),”, and |
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| | | (b) | after “this Act” insert “or paragraph 5A(3D) or (3F) above”.’. |
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| | Schedule 7, page 142, line 40, at end insert— |
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| | | (a) | in paragraph (a) after “this Act” insert “or paragraph 5A(3F) above”, |
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| | | (b) | after “section 40 of this Act” insert “or (as the case may be) paragraph |
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| | Schedule 7, page 142, line 42, at end insert— |
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| | | ‘() | After paragraph 10 insert— |
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| | | “10A (1) | A direction for suspension or for conditional registration given by |
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| | | the Adjudicator under paragraph 5A(3E) above shall take effect— |
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| | | (a) | where no appeal under paragraph 5A(5) above is brought |
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| | | against the direction within the time specified in paragraph |
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| | | 5A(5A) above, on the expiration of that time; |
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| | | (b) | where such an appeal is so brought but is withdrawn or |
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| | | dismissed for want of prosecution, on the withdrawal or |
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| | | (c) | where such an appeal is so brought and is not withdrawn or |
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| | | dismissed for want of prosecution, if and when the appeal |
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| | | |
| | | (2) | Where the time for appealing against a direction is extended by an |
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| | | authorisation under paragraph 9 above— |
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| | | (a) | sub-paragraph (1) shall apply to the direction as if the |
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| | | reference in paragraph (a) to the time specified in |
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| | | paragraph 5A(5A) above were a reference to that time as so |
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| | | (b) | if the authorisation is given after the expiration of the time |
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| | | specified in paragraph 5A(5A) above, the direction shall be |
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| | | deemed not to have taken effect on the expiration of that |
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| | | | and any reference in this Act to the time when such a direction takes |
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| | | effect in accordance with this paragraph shall be construed |
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| | Schedule 7, page 142, line 42, at end insert— |
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| | | ‘() | In paragraph 11, in sub-paragraphs (1) and (3)— |
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| | | (a) | after “section 35D(2) of this Act” insert “or paragraph 5A(3E) above”, |
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| | | (b) | for “that section” substitute “section 35D”.’. |
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| | Schedule 7, page 142, line 42, at end insert— |
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| | | ‘() | In paragraph 12 for “rules made by virtue of paragraph 5A(3) of this Schedule” |
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| | | substitute “paragraph 5A(3E) above”.’. |
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| | Schedule 7, page 148, line 11, at end insert— |
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| | | ‘ | After section 23C of the 1989 Act insert— |
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| | | (1) | If the Adjudicator considers (on reasonable grounds) that it would be |
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| | | of assistance to it, in dealing with any proceedings before it, for there |
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| | | (a) | the standard and quality of the work done or being done by the |
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| | | person to whom the proceedings relate (“P”); or |
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| | | (b) | the health, or specific aspects of the health, of P, |
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| | | | the Adjudicator may request the registrar to arrange for an assessor to |
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| | | be appointed to report on the standard and quality of P’s work or (as |
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| | | the case may be) on P’s health or specific aspects of P’s health. |
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| | | (2) | On receipt of a request under subsection (1), the registrar shall arrange |
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| | | for one or more assessors to be appointed in accordance with rules |
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| | | |
| | | (3) | The Council may make rules about the carrying out of the assessment |
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| | | and the making of the report. |
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| | | (4) | If P fails to submit to, or co-operate with, the assessment the |
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| | | Adjudicator may draw such inferences from P’s failure as it considers |
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| | | (5) | This section does not apply if the person to whom the proceedings |
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| | | relate is a body corporate.”’. |
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| | Schedule 7, page 150, line 39, at end insert— |
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| | | ‘ | In section 33 of the 1989 Act (default powers of Privy Council), in subsection |
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| | | (3)(b), after “23C,” insert “23CA,”.’. |
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| | Schedule 7, page 150, line 39, at end insert— |
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| | | ‘ | In section 34 of the 1989 Act (subordinate legislation procedure), in subsection |
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| | | (2), after “23C” insert “or 23CA”.’. |
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| | 
| Clause 93, page 46, line 6, after ‘a’ insert ‘legally qualified’. |
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| | Clause 93, page 46, line 14, at end insert— |
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| | | ‘(3A) | Rules made under subsection (3) may not require a lay or professional majority. |
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| | | (3B) | An Order in Council may not— |
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| | | (a) | amend subsection (3), or |
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| | | (b) | make any provision that is inconsistent with subsection (4).’. |
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| | | Clause 94, page 46, line 26, leave out ‘professionally’ and insert ‘clinically’. |
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| | 
| Clause 102, page 50, line 27, at end insert ‘and respond to the views of’. |
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| | | Clause 102, page 50, line 37, at end insert— |
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| | | ‘(3A) | Before making rules the OHPA must publish a response to its consultation as set |
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| | | Clause 102, page 50, line 37, at end insert— |
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| | | ‘(3A) | Before making rules, the OHPA shall respond to any representations made to |
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| | | (a) | if the rules affect the profession regulated by the Medical Act 1983, by |
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| | | the General Medical Council, and |
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| | | (b) | if the rules affect the professional regulated by the Opticians Act 1989, |
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| | | by the General Optical Council.’. |
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| | Clause 102, page 50, line 38, leave out subsections (4) to (6). |
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| | | Clause 102, page 50, line 39, at end insert— |
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| | | ‘(4A) | Before approving rules, the Privy Council must note the representations received |
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| | | by the OHPA during the consultation as set out in subsection (3).’. |
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| | | Clause 102, page 50, line 42, at end insert— |
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| | | ‘( ) | Before approving rules the Privy Council shall respond to any representations |
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| | | |
| | | (a) | if the rules affect the profession regulated by the Medical Act 1983, by |
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| | | the General Medical Council, and |
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| | | (b) | if the rules affect the professional regulated by the Opticians Act 1989, |
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| | | by the General Optical Council.’. |
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| | Schedule 8, page 152, line 6, after ‘functions’, insert ‘pertaining to regulation’. |
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| | Schedule 8, page 152, leave out lines 9 to 12. |
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| | | |
| | | Schedule 8, page 152, line 11, leave out subsection (3) and insert— |
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| | | ‘( ) | In sub-paragraph (2) after “practice”, insert “or be persons included in the register |
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| | | of members admitted to practice”.’. |
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| | | |
| | | Schedule 8, page 152, line 13, leave out subsection (4) and insert— |
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| | | ‘( ) | An Order may not provide for any function conferred on the Privy Council, in |
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| | | relation to any profession to which section 60(2)(a) applies, to be exercised by a |
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| | | body other than the regulator of that profession.’. |
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| | | |
| | | Schedule 8, page 152, line 19, leave out subsection (2) and insert— |
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| | | ‘( ) | In sub-paragraph (2)(d) after “to”, insert “the investigation of”.’. |
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| | | |
| | | Schedule 8, page 152, line 23, after ‘to’, insert ‘adjudication on’. |
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| | Clause 104, page 51, line 11, after first ‘to’, insert ‘the finding of facts in’. |
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| | Clause 104, page 51, line 12, at end insert— |
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| | | ‘(1A) | Notwithstanding subsection (1) the rules of procedure in any proceeding to which |
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| | | subsection (1) applies shall be those which apply to criminal proceedings.’. |
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| | Clause 105, page 51, line 28, leave out ‘Healthcare’ and insert ‘Health and Social |
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| | Clause 105, page 51, line 34, leave out ‘promote’ and insert ‘protect, promote and |
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