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23 (1) | Schedule 4 to the 1983 Act (proceedings before the Investigation Committee, |
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Interim Orders Panels and Fitness to Practise Panels) is amended as follows. |
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(2) | In the heading for “, INTERIM ORDERS PANELS AND FITNESS TO |
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PRACTISE PANELS” substitute “AND THE ADJUDICATOR”. |
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(3) | In the heading before paragraph 1 omit “, Interim Orders Panels and Fitness |
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(a) | in sub-paragraph (1)— |
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(i) | omit “, Interim Orders Panels and Fitness to Practise Panels”, |
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(ii) | in paragraph (a) omit “, an Interim Orders Panel or a Fitness |
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(iii) | in paragraph (b) omit “or such a Panel”, and |
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(b) | omit sub-paragraphs (3) and (4). |
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(a) | in sub-paragraph (1)— |
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(i) | omit paragraphs (b) and (c), and |
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(b) | in sub-paragraph (2) omit “, an Interim Orders Panel or a Fitness to |
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(c) | in sub-paragraph (3)— |
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(i) | omit “, an Interim Orders Panel or a Fitness to Practise Panel”, |
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(ii) | omit “or Panel” (in both places). |
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(i) | omit “, an Interim Orders Panel or a Fitness to Practise Panel”, |
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(i) | omit “to a Fitness to Practise Panel or”, and |
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(ii) | omit “the Panel or”, and |
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(c) | for “Committee, Panel or Council” (wherever occurring) substitute |
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(7) | For paragraph 3A substitute— |
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“3A (1) | Where, in the course of any proceedings before the Adjudicator, |
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the Adjudicator forms the opinion (on reasonable grounds) that |
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there is a matter which ought to be investigated by the |
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(a) | the Adjudicator may notify the Registrar of that matter; |
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(b) | on being so notified, the Registrar shall refer the matter to |
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the Investigation Committee and the Investigation |
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Committee shall investigate the matter. |
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(2) | Nothing in sub-paragraph (1) prevents the Adjudicator from |
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considering the matter itself, whether or not it has reached a |
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decision in the proceedings.” |
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(a) | in sub-paragraph (1)(a) omit paragraph (ii), |
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(b) | after sub-paragraph (1) insert— |
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“(1A) | If the Adjudicator considers (on reasonable grounds) that |
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it would be of assistance to it, in dealing with any |
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proceedings before it, for there to be an assessment of the |
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standard of professional performance of the person to |
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whom the proceedings relate— |
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(a) | the Adjudicator may request the Registrar to |
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arrange for an assessment to be carried out; and |
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(b) | on receipt of the request, the Registrar shall arrange |
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for such an assessment to be carried out.”, |
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(c) | in sub-paragraph (2)— |
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(i) | for “by virtue of this paragraph” substitute “by virtue of sub- |
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paragraph (1) or (1A)”, and |
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(ii) | after “in accordance with rules” insert “made by the General |
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(d) | omit sub-paragraphs (3) and (3A), |
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(e) | after sub-paragraph (3A) insert— |
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“(3B) | If the Registrar is of the opinion that a person who is the |
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subject of an assessment of the standard of the person’s |
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professional performance— |
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(a) | has failed to submit to the assessment, or |
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(b) | having submitted to the assessment, has failed to |
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comply with reasonable requirements imposed by |
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| the Registrar may refer the matter to the Adjudicator. |
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(3C) | If the Investigation Committee are of the opinion that a |
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person who is the subject of an assessment of the standard |
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of the person’s professional performance— |
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(a) | has failed to submit to the assessment, or |
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(b) | having submitted to the assessment, has failed to |
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comply with reasonable requirements imposed by |
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| the Investigation Committee may direct the Registrar to |
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refer the matter to the Adjudicator and, on receipt of the |
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direction, the Registrar shall make such a reference. |
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(3D) | The Registrar shall without delay serve on the person who |
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is the subject of the assessment notification of the making |
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of a reference to the Adjudicator under sub-paragraph (3B) |
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(3E) | Where a matter is referred to the Adjudicator under sub- |
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paragraph (3B) or (3C), the Adjudicator may, if it thinks |
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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 months |
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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 the |
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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 |
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(3G) | While a person’s registration in the register is suspended |
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by 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 |
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name still appears in it, but |
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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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(f) | in sub-paragraph (5)— |
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(i) | for “a Fitness to Practise Panel” (where first occurring) |
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substitute “the Adjudicator”, |
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(ii) | for “by virtue of sub-paragraph (3) above” substitute “under |
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(iii) | in paragraph (b) for “Panel” substitute “Adjudicator”, and |
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(iv) | in paragraph (c) for “a Fitness to Practise Panel” substitute |
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(g) | 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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(9) | In paragraph 5B, in sub-paragraph (1), for “rules made under paragraph 5A |
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above” substitute “sub-paragraph (1) or (1A) of paragraph 5A”. |
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(a) | in sub-paragraph (1)— |
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(i) | omit paragraphs (b) and (c), |
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(ii) | for “them” substitute “the Committee”, and |
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(iii) | for “the Panel” substitute “the Committee”, and |
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(b) | in sub-paragraph (4)— |
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(i) | omit “, an Interim Orders Panel or a Fitness to Practise Panel”, |
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(ii) | in paragraph (a) omit “or a Panel”, |
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(iii) | in paragraph (a)(ii) omit “or the Panel”, and |
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(iv) | in paragraph (b) omit “or the Panel”. |
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(11) | In paragraph 8, in sub-paragraph (1)— |
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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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(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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(13) | In paragraph 10, in sub-paragraph (1), for “a Fitness to Practise Panel” (in |
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both places) substitute “the Adjudicator”. |
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(14) | 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 |
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paragraph 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 |
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or dismissed for want of prosecution, if and when the |
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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 |
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takes effect in accordance with this paragraph shall be construed |
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(15) | 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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(16) | In paragraph 12 for “rules made by virtue of paragraph 5A(3) of this |
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Schedule” substitute “paragraph 5A(3E) above”. |
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(17) | In paragraph 13 omit “, an Interim Orders Panel or Fitness to Practise Panel”. |
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Amendments of Opticians Act 1989 |
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24 | In this Part of this Schedule “the 1989 Act” means the Opticians Act 1989 |
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25 | In section 3 of the 1989 Act (the Companies Committee), in subsection (1), for |
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“, the Registration Appeals Committee or the Fitness to Practise Committee” |
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substitute “or the Registration Appeals Committee”. |
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26 | In section 4 of the 1989 Act (the Investigation Committee), in subsection (2), |
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for “Fitness to Practise Committee” substitute “Adjudicator”. |
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27 | In section 5A of the 1989 Act (the Registration Appeals Committee), in |
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subsection (1), for the words from “any decision of the registrar” to the end |
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substitute “any decision which is an appealable registration decision for the |
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purposes of Schedule 1A”. |
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28 | Omit section 5C of the 1989 Act (the Fitness to Practise Committee). |
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29 | In section 5D of the 1989 Act (the Hearings Panel), in subsection (1), omit |
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“the Fitness to Practise Committee and”. |
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30 | After section 13A of the 1989 Act insert— |
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“13AA | Fitness to practise findings: guidance |
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(1) | The Council may publish guidance about factors which they |
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consider to indicate that— |
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(a) | a registrant (“R”) whose fitness to practise, fitness to carry on |
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business or (as the case may be) fitness to undertake training |
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is found to be impaired should or should not have— |
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(i) | R’s name erased from the appropriate register; |
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(ii) | R’s registration suspended; |
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(iii) | R’s registration suspended forthwith in accordance |
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(iv) | R’s registration made conditional; |
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(v) | R’s registration made conditional forthwith in |
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accordance with section 13I; |
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(vi) | a financial penalty order made against R; |
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(b) | a registrant (“R”) whose fitness to practise is found to be |
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impaired on the ground of deficient professional |
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performance should or should not have— |
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(i) | an entry relating to a speciality or proficiency to the |
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performance of which the deficiency relates removed |
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from the appropriate register; |
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(ii) | the entry relating to that speciality or proficiency |
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removed from the appropriate register temporarily; |
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(iii) | the entry relating to that speciality or proficiency |
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removed forthwith in accordance with section 13I; |
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(iv) | the entry relating to that speciality or proficiency |
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(v) | the entry relating to that speciality or proficiency |
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made conditional forthwith in accordance with |
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(c) | a registrant whose fitness to practise, fitness to carry on |
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business or (as the case may be) fitness to undertake training |
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is found not to be impaired should or should not be given a |
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warning regarding the registrant’s future conduct or |
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(d) | a person the entry of whose name in a register is found to |
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have been fraudulently procured or incorrectly made should |
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or should not have the person’s name removed; |
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(e) | a person in respect of whom an entry relating to a speciality |
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or proficiency is found to have been fraudulently procured or |
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incorrectly made in a register should or should not have the |
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(f) | a person whose name has been erased from a register should |
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or should not have the person’s name restored to the |
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(g) | a person who has had an entry relating to a speciality or |
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proficiency removed from a register should or should not |
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have the entry restored to the appropriate register. |
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(2) | The Council may also publish guidance about factors which they |
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(a) | that requirements of a particular type should be imposed as |
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conditions in the case of a registrant whose registration is to |
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be made conditional or a registrant in respect of whom an |
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entry relating to a speciality or proficiency is to be made |
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(b) | the period of time for which a registrant’s registration should |
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be suspended or made conditional or an entry relating to a |
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speciality or proficiency of a registrant should be removed |
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from the appropriate register or made conditional. |
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(3) | The Adjudicator must take account of guidance published under |
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subsection (1) or (2) in exercising its functions under sections 13F, |
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31 (1) | Section 13D of the 1989 Act (allegations) is amended as follows. |
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(2) | In subsection (2)(g) after “social care profession” insert “, or by the |
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(3) | In subsection (3)(g) after “social care profession” insert “, or by the |
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(4) | In subsection (5) for “Fitness to Practise Committee” substitute |
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(5) | In subsection (6) for “Fitness to Practise Committee” (in both places) |
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substitute “Adjudicator”. |
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(6) | In subsections (7) and (8) for “Fitness to Practise Committee” substitute |
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(a) | for “Fitness to Practise Committee” (where first occurring) substitute |
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(b) | in paragraph (b) for “Fitness to Practise Committee for the |
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Committee” substitute “Adjudicator for the Adjudicator”. |
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32 (1) | Section 13F of the 1989 Act (powers of the Fitness to Practise Committee) is |
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(2) | In the heading for “Fitness to Practise Committee” substitute “Adjudicator”. |
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(3) | In subsection (1) for “Fitness to Practise Committee” substitute |
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(a) | for “Fitness to Practise Committee find” substitute “Adjudicator |
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(b) | for “they may if they think” substitute “the Adjudicator may if it |
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(5) | In subsection (3)(c)— |
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(a) | for “Committee see” substitute “Adjudicator sees”, and |
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(b) | for “his or its interests” substitute “the registrant’s interests”. |
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(a) | for “Fitness to Practise Committee find” substitute “Adjudicator |
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(b) | for “Committee may” substitute “Adjudicator may”, and |
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(i) | for “Committee see” substitute “Adjudicator sees”, and |
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(ii) | for “his interests” substitute “the registrant’s interests”. |
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(a) | for “Fitness to Practise Committee find” substitute “Adjudicator |
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(b) | for “they” substitute “the Adjudicator”. |
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(8) | In subsection (6) for “Fitness to Practise Committee have” substitute |
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(a) | for “Fitness to Practise Committee may, if they think” substitute |
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“Adjudicator may (whether or not of its own motion), if it thinks”, |
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(i) | for “Committee think” substitute “Adjudicator thinks”, and |
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(ii) | for “his or its interests” substitute “the registrant’s interests”, |
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(c) | for “Committee shall” substitute “Adjudicator shall”. |
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(a) | in paragraph (a) for “Fitness to Practise Committee find” substitute |
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(b) | for “they” substitute “the Adjudicator”. |
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(a) | for “Fitness to Practise Committee have” substitute “Adjudicator |
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(b) | for “Fitness to Practise Committee must” substitute “Adjudicator |
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(c) | in paragraph (a) for “them” substitute “the Adjudicator”. |
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(a) | for “Fitness to Practise Committee” substitute “Adjudicator”, and |
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(i) | for “Committee see” substitute “Adjudicator sees”, and |
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