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SCHEDULE 3
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REGULATION OF HEALTH CARE AND ASSOCIATED PROFESSIONS |
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Matters generally within the scope of the Orders |
| | 1. An Order may make provision, in relation to any profession, for any of the following matters (among others)-
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(a) the establishment and continuance of a regulatory body, |
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(b) keeping a register of members admitted to practice, |
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(c) education and training before and after admission to practice, |
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(d) privileges of members admitted to practice, |
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(e) standards of conduct and performance, |
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(f) discipline and fitness to practise, |
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(g) investigation and enforcement by or on behalf of the regulatory body, |
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(j) default powers exercisable by a person other than the regulatory body. |
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Manner of exercise of power |
| | 2. - (1) The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 47) or prerogative instrument and any other instrument or document.
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(2) But an Order may not-
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(a) amend an enactment which regulates any profession to which section 47(1)(b) applies so as to regulate any profession to which section 47(1)(a) applies, |
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(b) amend the Medicines Act 1968. |
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(3) Sub-paragraph (2) does not prevent an Order amending-
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(a) sections 80 to 83 of that Act (disqualification, and removal of premises from register), or |
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(b) (in pursuance of section 48(2)) any other provision of Part IV of that Act (pharmacies). |
| | 3. The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.
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| | 4. The power may be exercised so as to make provision for the payment of fees to any professional body.
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| | 5. The power may be exercised so as to-
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(a) confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers or the National Assembly for Wales, or |
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(b) modify their functions. |
| | 6. The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.
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Matters outside the scope of the Orders |
| | 7. An Order may not abolish the regulatory body of any profession to which section 47(1)(a) applies.
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| | 8. - (1) Where an enactment provides for any of the following functions relating to the regulation of any profession to which section 47(1) applies to be exercised by a professional body, an Order may not provide for any person other than a professional body to exercise that function.
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(2) The functions are-
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(a) keeping the register of members admitted to practice, |
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(b) determining standards of education and training for admission to practice, |
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(c) giving advice about standards of conduct and performance, |
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(d) administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters. |
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(3) This paragraph does not prevent an Order altering any such function.
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Preliminary procedure for making Orders |
| | 9. - (1) If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first-
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(a) publish a draft of an Order, and |
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(b) consult any person about the draft appearing to him appropriate to consult as representing the profession to be regulated. |
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(2) After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, before Parliament.
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(3) If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, the references in this paragraph to Parliament include the Scottish Parliament.
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Interpretation and application |
| | 10. In this Schedule-
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"Order" means an Order in Council under section 47, |
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"professional body", in relation to any profession, means the regulatory body, any of its committees or any body consisting wholly or mainly of members of the profession who are admitted to practice, |
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"regulatory body", in relation to any profession, means the body (or main body) responsible for the regulation of the profession, |
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and other expressions used in this Schedule and in the 1977 Act have the same meaning in this Schedule as in that Act.
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| | 11. - (1) The powers conferred by section 47 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act).
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(2) References to regulation, in relation to a profession, in that section and this Schedule include-
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(a) the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession, |
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(b) the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession, |
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(c) in the case of the profession of medical practitioner, the regulation of the qualifications or experience required for a medical practitioner to provide, or assist in the provision of, general medical services under the 1977 Act, |
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(d) in the case of the profession of dental practitioner, the regulation of the qualifications or experience required for a dental practitioner to provide, or assist in the provision of, general dental services under the 1977 Act. |
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(3) In sub-paragraph (1)(c), references to the provision of general medical services include the performance of personal medical services and references to the 1977 Act include arrangements under section 28C of that Act.
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| | 12. - (1) The powers conferred by section 47 extend to the regulation of-
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(a) the profession regulated by the Pharmacies (Northern Ireland) Order 1976, and |
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(b) activities carried on by persons who are not members of that profession but which are carried on in connection with the practice of that profession, |
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only in relation to the matters dealt with in sections 80 to 83 of the Medicines Act 1968.
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(2) But an Order may not provide for any function conferred by any of those sections on the Statutory Committee to be exercised, in relation to Northern Ireland, otherwise than by the committee appointed under Article 19 of the Pharmacies (Northern Ireland) Order 1976.
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