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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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| | | Schedule, as amended, Agreed to. |
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| | | Negatived on division 204 |
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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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| | | |
| | | Clauses 95 to 100 Agreed to. |
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| | Clause 101, page 50, line 7, after ‘seek’, insert ‘, and take account of,’. |
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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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| | | Negatived on division 227 |
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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, line 8, at end insert— |
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| | | ‘(1B) | An Order in Council may not provide for any function conferred on the Privy |
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| | | Council, in relation to any profession to which section 60(2)(a) applies, to be |
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| | | exercised by a body other than the regulator of that profession.’. |
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| | Schedule 8, page 152, line 9, leave out subparagraph (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, leave out lines 9 to 12. |
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| | Schedule 8, page 152, line 13, leave out subparagraph (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 subparagraph (2) and insert— |
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| | | ‘( ) | In sub-paragraph (2)(d) after first “to”, insert “the investigation of”.’. |
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| | Schedule 8, page 152, line 23, after first‘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 32, leave out subsection (3) and insert— |
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| | | ‘(3) | After subsection (2) of that section insert— |
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| | | “(2A) | The main objectives of the Council in exercising its functions under |
|
| | | subsection (2)(b) to (d) are— |
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| | | (a) | to protect the public through encouraging consultation between |
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| | | the regulators and such other parties as the Secretary of State |
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| | | shall by regulation define about the functions of statutory |
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| | | professional regulation, and |
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| | | (b) | to protect the health, safety and well-being of patients and other |
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| | | members of the public in co-operation with such other regulatory |
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| | | agencies as the Secretary of State shall by regulation define.”’. |
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| | Clause 105, page 51, line 34, leave out ‘promote’ and insert ‘protect, promote and |
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| | Clause 106, page 52, line 7, leave out ‘one non-executive member’ and insert ‘two |
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| | Clause 106, page 52, line 13, leave out ‘three non-executive members’ and insert |
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| | ‘one non-executive member’. |
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|
