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

150

 

23    (1)  

Schedule 4 to the 1983 Act (proceedings before the Investigation Committee,

Interim Orders Panels and Fitness to Practise Panels) is amended as follows.

      (2)  

In the heading for “, INTERIM ORDERS PANELS AND FITNESS TO

PRACTISE PANELS” substitute “AND THE ADJUDICATOR”.

      (3)  

In the heading before paragraph 1 omit “, Interim Orders Panels and Fitness

5

to Practise Panels”.

      (4)  

In paragraph 1—

(a)   

in sub-paragraph (1)—

(i)   

omit “, Interim Orders Panels and Fitness to Practise Panels”,

(ii)   

in paragraph (a) omit “, an Interim Orders Panel or a Fitness

10

to Practise Panel”, and

(iii)   

in paragraph (b) omit “or such a Panel”, and

(b)   

omit sub-paragraphs (3) and (4).

      (5)  

In paragraph 2—

(a)   

in sub-paragraph (1)—

15

(i)   

omit paragraphs (b) and (c), and

(ii)   

omit “or Panel”,

(b)   

in sub-paragraph (2) omit “, an Interim Orders Panel or a Fitness to

Practise Panel”, and

(c)   

in sub-paragraph (3)—

20

(i)   

omit “, an Interim Orders Panel or a Fitness to Practise Panel”,

and

(ii)   

omit “or Panel” (in both places).

      (6)  

In paragraph 3—

(a)   

in paragraph (a)—

25

(i)   

omit “, an Interim Orders Panel or a Fitness to Practise Panel”,

and

(ii)   

omit “, a Panel”,

(b)   

in paragraph (b)—

(i)   

omit “to a Fitness to Practise Panel or”, and

30

(ii)   

omit “the Panel or”, and

(c)   

for “Committee, Panel or Council” (wherever occurring) substitute

“Committee or Council”.

      (7)  

For paragraph 3A substitute—

“3A   (1)  

Where, in the course of any proceedings before the Adjudicator,

35

the Adjudicator forms the opinion (on reasonable grounds) that

there is a matter which ought to be investigated by the

Investigation Committee—

(a)   

the Adjudicator may notify the Registrar of that matter;

and

40

(b)   

on being so notified, the Registrar shall refer the matter to

the Investigation Committee and the Investigation

Committee shall investigate the matter.

      (2)  

Nothing in sub-paragraph (1) prevents the Adjudicator from

considering the matter itself, whether or not it has reached a

45

decision in the proceedings.”

 
 

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

151

 

      (8)  

In paragraph 5A—

(a)   

in sub-paragraph (1)(a) omit paragraph (ii),

(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

5

proceedings before it, for there to be an assessment of the

standard of professional performance of the person to

whom the proceedings relate—

(a)   

the Adjudicator may request the Registrar to

arrange for an assessment to be carried out; and

10

(b)   

on receipt of the request, the Registrar shall arrange

for such an assessment to be carried out.”,

(c)   

in sub-paragraph (2)—

(i)   

for “by virtue of this paragraph” substitute “by virtue of sub-

paragraph (1) or (1A)”, and

15

(ii)   

after “in accordance with rules” insert “made by the General

Council”,

(d)   

omit sub-paragraphs (3) and (3A),

(e)   

after sub-paragraph (3A) insert—

   “(3B)  

If the Registrar is of the opinion that a person who is the

20

subject of an assessment of the standard of the person’s

professional performance—

(a)   

has failed to submit to the assessment, or

(b)   

having submitted to the assessment, has failed to

comply with reasonable requirements imposed by

25

the Assessment Team,

           

the Registrar may refer the matter to the Adjudicator.

     (3C)  

If the Investigation Committee are of the opinion that a

person who is the subject of an assessment of the standard

of the person’s professional performance—

30

(a)   

has failed to submit to the assessment, or

(b)   

having submitted to the assessment, has failed to

comply with reasonable requirements imposed by

the Assessment Team,

           

the Investigation Committee may direct the Registrar to

35

refer the matter to the Adjudicator and, on receipt of the

direction, the Registrar shall make such a reference.

     (3D)  

The Registrar shall without delay serve on the person who

is the subject of the assessment notification of the making

of a reference to the Adjudicator under sub-paragraph (3B)

40

or (3C).

     (3E)  

Where a matter is referred to the Adjudicator under sub-

paragraph (3B) or (3C), the Adjudicator may, if it thinks

fit—

(a)   

direct that the person’s registration in the register

45

shall be suspended (that is to say, shall not have

effect) during such period not exceeding 12 months

as may be specified in the direction; or

 
 

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

152

 

(b)   

direct that the person’s registration shall be

conditional on the person’s compliance, during

such period not exceeding 3 years as may be

specified in the direction, with such requirements

so specified as the Adjudicator thinks fit to impose

5

for the protection of members of the public or in the

person’s interests.

     (3F)  

Where, under sub-paragraph (3E), the Adjudicator gives a

direction for suspension or a direction for conditional

registration the Registrar shall without delay serve on the

10

person concerned notification of the direction and of the

person’s right to appeal against it under sub-paragraph

(5).

     (3G)  

While a person’s registration in the register is suspended

by virtue of a direction under sub-paragraph (3E)—

15

(a)   

the person is to be treated as not being registered in

the register notwithstanding that the person’s

name still appears in it, but

(b)   

sections 31A, 35C, 35CC, 35D, 35E and 39 are to

continue to apply to the person.”,

20

(f)   

in sub-paragraph (5)—

(i)   

for “a Fitness to Practise Panel” (where first occurring)

substitute “the Adjudicator”,

(ii)   

for “by virtue of sub-paragraph (3) above” substitute “under

sub-paragraph (3E)”,

25

(iii)   

in paragraph (b) for “Panel” substitute “Adjudicator”, and

(iv)   

in paragraph (c) for “a Fitness to Practise Panel” substitute

“the Adjudicator”, and

(g)   

after sub-paragraph (5) insert—

   “(5A)  

Subject to paragraph 9 below, an appeal under sub-

30

paragraph (5) must be brought before the end of the period

of 28 days beginning with the date on which notification of

the direction was served under sub-paragraph (3F).”

      (9)  

In paragraph 5B, in sub-paragraph (1), for “rules made under paragraph 5A

above” substitute “sub-paragraph (1) or (1A) of paragraph 5A”.

35

     (10)  

In paragraph 7—

(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

40

(b)   

in sub-paragraph (4)—

(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”.

45

     (11)  

In paragraph 8, in sub-paragraph (1)—

(a)   

after “39(2),” insert “40A(9),”, and

(b)   

after “this Act” insert “or paragraph 5A(3D) or (3F) above”.

 
 

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

153

 

     (12)  

In paragraph 9—

(a)   

in paragraph (a) after “this Act” insert “or paragraph 5A(3F) above”,

and

(b)   

after “section 40 of this Act” insert “or (as the case may be) paragraph

5A(5) above”.

5

     (13)  

In paragraph 10, in sub-paragraph (1), for “a Fitness to Practise Panel” (in

both places) substitute “the Adjudicator”.

     (14)  

After paragraph 10 insert—

“10A  (1)  

A direction for suspension or for conditional registration given by

the Adjudicator under paragraph 5A(3E) above shall take effect—

10

(a)   

where no appeal under paragraph 5A(5) above is brought

against the direction within the time specified in

paragraph 5A(5A) above, on the expiration of that time;

(b)   

where such an appeal is so brought but is withdrawn or

dismissed for want of prosecution, on the withdrawal or

15

dismissal of the appeal;

(c)   

where such an appeal is so brought and is not withdrawn

or dismissed for want of prosecution, if and when the

appeal is dismissed.

      (2)  

Where the time for appealing against a direction is extended by an

20

authorisation under paragraph 9 above—

(a)   

sub-paragraph (1) shall apply to the direction as if the

reference in paragraph (a) to the time specified in

paragraph 5A(5A) above were a reference to that time as so

extended; and

25

(b)   

if the authorisation is given after the expiration of the time

specified in paragraph 5A(5A) above, the direction shall be

deemed not to have taken effect on the expiration of that

time,

           

and any reference in this Act to the time when such a direction

30

takes effect in accordance with this paragraph shall be construed

accordingly.”

     (15)  

In paragraph 11, in sub-paragraphs (1) and (3)—

(a)   

after “section 35D(2) of this Act” insert “or paragraph 5A(3E) above”,

and

35

(b)   

for “that section” substitute “section 35D”.

     (16)  

In paragraph 12 for “rules made by virtue of paragraph 5A(3) of this

Schedule” substitute “paragraph 5A(3E) above”.

     (17)  

In paragraph 13 omit “, an Interim Orders Panel or Fitness to Practise Panel”.

Part 2

40

Amendments of Opticians Act 1989

24         

In this Part of this Schedule “the 1989 Act” means the Opticians Act 1989

(c. 44).

 
 

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

154

 

25         

In section 3 of the 1989 Act (the Companies Committee), in subsection (1), for

“, the Registration Appeals Committee or the Fitness to Practise Committee”

substitute “or the Registration Appeals Committee”.

26         

In section 4 of the 1989 Act (the Investigation Committee), in subsection (2),

for “Fitness to Practise Committee” substitute “Adjudicator”.

5

27         

In section 5A of the 1989 Act (the Registration Appeals Committee), in

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”.

28         

Omit section 5C of the 1989 Act (the Fitness to Practise Committee).

10

29         

In section 5D of the 1989 Act (the Hearings Panel), in subsection (1), omit

“the Fitness to Practise Committee and”.

30         

After section 13A of the 1989 Act insert—

“13AA   

 Fitness to practise findings: guidance

(1)   

The Council may publish guidance about factors which they

15

consider to indicate that—

(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;

20

(ii)   

R’s registration suspended;

(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

25

accordance with section 13I;

(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—

30

(i)   

an entry relating to a speciality or proficiency to the

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;

35

(iii)   

the entry relating to that speciality or proficiency

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

40

made conditional forthwith in accordance with

section 13I;

(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

45

warning regarding the registrant’s future conduct or

performance;

 
 

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

155

 

(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

5

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;

10

(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—

15

(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;

20

(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

25

subsection (1) or (2) in exercising its functions under sections 13F,

13H, 13I, 13J and 13K.”

31    (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,”.

30

      (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)

35

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

40

“Adjudicator”, and

(b)   

in paragraph (b) for “Fitness to Practise Committee for the

Committee” substitute “Adjudicator for the Adjudicator”.

32    (1)  

Section 13F of the 1989 Act (powers of the Fitness to Practise Committee) is

amended as follows.

45

      (2)  

In the heading for “Fitness to Practise Committee” substitute “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

156

 

      (3)  

In subsection (1) for “Fitness to Practise Committee” substitute

“Adjudicator”.

      (4)  

In subsection (2)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

finds”, and

5

(b)   

for “they may if they think” substitute “the Adjudicator may if it

thinks”.

      (5)  

In subsection (3)(c)—

(a)   

for “Committee see” substitute “Adjudicator sees”, and

(b)   

for “his or its interests” substitute “the registrant’s interests”.

10

      (6)  

In subsection (4)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

finds”,

(b)   

for “Committee may” substitute “Adjudicator may”, and

(c)   

in paragraph (c)—

15

(i)   

for “Committee see” substitute “Adjudicator sees”, and

(ii)   

for “his interests” substitute “the registrant’s interests”.

      (7)  

In subsection (5)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

finds”, and

20

(b)   

for “they” substitute “the Adjudicator”.

      (8)  

In subsection (6) for “Fitness to Practise Committee have” substitute

“Adjudicator has”.

      (9)  

In subsection (7)—

(a)   

for “Fitness to Practise Committee may, if they think” substitute

25

“Adjudicator may (whether or not of its own motion), if it thinks”,

(b)   

in paragraph (c)—

(i)   

for “Committee think” substitute “Adjudicator thinks”, and

(ii)   

for “his or its interests” substitute “the registrant’s interests”,

and

30

(c)   

for “Committee shall” substitute “Adjudicator shall”.

     (10)  

In subsection (8)—

(a)   

in paragraph (a) for “Fitness to Practise Committee find” substitute

“Adjudicator finds”, and

(b)   

for “they” substitute “the Adjudicator”.

35

     (11)  

In subsection (10)—

(a)   

for “Fitness to Practise Committee have” substitute “Adjudicator

has”,

(b)   

for “Fitness to Practise Committee must” substitute “Adjudicator

must”, and

40

(c)   

in paragraph (a) for “them” substitute “the Adjudicator”.

     (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

45

 
 

 
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