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Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator

145

 

      (4)  

The approval of the Treasury is required as to the amount and terms of any

loan under sub-paragraph (3).

      (5)  

The relevant Northern Ireland department may make loans to the OHPA on

such terms (including terms as to repayment and interest) as it may

determine.

5

      (6)  

The approval of the Department of Finance and Personnel in Northern

Ireland is required as to the amount and terms of any loan under sub-

paragraph (5).

      (7)  

Except as provided by sub-paragraphs (3) and (5), the OHPA has no power

to borrow money.

10

      (8)  

The Secretary of State may give directions to the OHPA as to the application

of any sums received by it under sub-paragraph (1) or (3).

      (9)  

The relevant Northern Ireland department may give directions to the OHPA

as to the application of any sums received by it under sub-paragraph (2) or

(5).

15

     (10)  

The OHPA must comply with any directions under sub-paragraph (8) or (9).

Accounts

19    (1)  

The OHPA must keep accounts in such form as the Secretary of State may

determine.

      (2)  

The OHPA must prepare annual accounts in respect of each financial year in

20

such form as the Secretary of State may determine.

      (3)  

The OHPA must send copies of the annual accounts to—

(a)   

the Secretary of State, and

(b)   

the Comptroller and Auditor General,

           

within such period after the end of the financial year to which the accounts

25

relate as the Secretary of State may determine.

      (4)  

Within that period the OHPA must also send copies of the annual accounts

to the relevant Northern Ireland department.

      (5)  

The Comptroller and Auditor General must examine, certify and report on

the annual accounts and must lay copies of the accounts, and of the report

30

on them, before Parliament.

      (6)  

A copy of the accounts must be laid before the Northern Ireland Assembly

by the relevant Northern Ireland department.

      (7)  

In this paragraph and paragraph 20, “financial year” means—

(a)   

the period beginning with the day on which the OHPA is established

35

and ending with the next 31 March following that day, and

(b)   

each successive period of 12 months ending with 31 March.

Reports

20    (1)  

The OHPA must prepare a report on the exercise of its functions during each

financial year.

40

      (2)  

As soon as possible after the end of the financial year the OHPA must send

copies of the report to—

 
 

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

146

 

(a)   

the Secretary of State, and

(b)   

the relevant Northern Ireland department.

      (3)  

A copy of the report must be laid—

(a)   

before Parliament, by the Secretary of State, and

(b)   

before the Northern Ireland Assembly, by the relevant Northern

5

Ireland department.

      (4)  

The Privy Council may give directions to the OHPA as to the matters to be

dealt with in the report.

Seal and evidence

21         

The application of the seal of the OHPA must be authenticated by the

10

signature—

(a)   

of any member of the OHPA, or

(b)   

of any other person who has been authorised by the OHPA (whether

generally or specifically) for that purpose.

22         

A document—

15

(a)   

purporting to be duly executed under the seal of the OHPA, or

(b)   

purporting to be signed on behalf of the OHPA,

           

is to be received in evidence and, unless the contrary is proved, taken to be

so executed or signed.

Meetings of the OHPA in Northern Ireland

20

23    (1)  

Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c. 9)

(which provide for public access to meetings of a district council, the

publication of information concerning such meetings etc.) apply in relation

to meetings of the OHPA in Northern Ireland as they apply in relation to

meetings of a district council but subject to the following modifications.

25

      (2)  

The modifications are that—

(a)   

any reference to a district council is to be read as a reference to the

OHPA, and

(b)   

any reference to councillors or members of the council is to be read

as a reference to members of the OHPA.

30

Schedule 7

Section 94

 

Adjudication functions under Medical Act 1983 and Opticians Act 1989

Part 1

Amendments of Medical Act 1983

1          

In this Part of this Schedule “the 1983 Act” means the Medical Act 1983

35

(c. 54).

2     (1)  

Section 1 of the 1983 Act (the General Medical Council) is amended as

follows.

 
 

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

147

 

      (2)  

In subsection (3) omit paragraphs (b) and (f).

      (3)  

In subsection (3A) for “(a) to (f)” substitute “(a), (c), (d) and (e)”.

3          

In section 29C of the 1983 Act (referral to the Investigation Committee), in

subsection (2)(b), for “a Fitness to Practise Panel, by such a Panel” substitute

“the Adjudicator, by the Adjudicator”.

5

4          

After section 35 of the 1983 Act insert—

“35ZA   

 Fitness to practise findings: guidance

(1)   

The General Council may publish guidance about factors which they

consider to indicate that—

(a)   

a person (“D”) whose fitness to practise is found to be

10

impaired should or should not have—

(i)   

D’s name erased from the register;

(ii)   

D’s registration suspended;

(iii)   

D’s registration suspended forthwith in accordance

with section 38;

15

(iv)   

D’s registration made conditional;

(v)   

D’s registration made conditional forthwith in

accordance with section 38;

(b)   

a person whose fitness to practise is found not to be impaired

should or should not be given a warning regarding the

20

person’s future conduct or performance;

(c)   

a person whose name has been erased from the register

should or should not have the person’s name restored to the

register.

(2)   

The General Council may also publish guidance about factors which

25

they consider to indicate—

(a)   

that requirements of a particular type should be imposed as

conditions in the case of a person whose registration is to be

made conditional;

(b)   

the period of time for which a person’s registration should be

30

suspended or made conditional.

(3)   

The Adjudicator must take account of guidance published under

subsection (1) or (2) in exercising its functions under sections 35D, 38

and 41 and under paragraph 5A(3E) of Schedule 4.”

5     (1)  

In section 35B of the 1983 Act (notification and disclosure by the General

35

Council), in subsection (4)—

(a)   

in paragraphs (a), (b) and (c) for “a Fitness to Practise Panel”

substitute “the Adjudicator”,

(b)   

in paragraph (d) for “an Interim Orders Panel or a Fitness to Practise

Panel” substitute “the Adjudicator”,

40

(c)   

after paragraph (d) insert—

“(da)   

decisions of the Adjudicator to make a direction

under paragraph 5A(3E) of Schedule 4 to this Act and

decisions of the Adjudicator under section 35D below

that relate to such a direction;”, and

45

(d)   

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

Adjudicator”.

 
 

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

148

 

6     (1)  

Section 35C of the 1983 Act (functions of the Investigation Committee) is

amended as follows.

      (2)  

In subsection (2)(e) after “social care profession” insert “, or by the

Adjudicator,”.

      (3)  

In subsection (4) for “a Fitness to Practise Panel” substitute “the

5

Adjudicator”.

      (4)  

In subsection (5) for “a Fitness to Practise Panel” (in both places) substitute

“the Adjudicator”.

      (5)  

In subsections (6) and (7) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.

10

      (6)  

In subsection (8)—

(a)   

for “an Interim Orders Panel or a Fitness to Practise Panel should”

substitute “the Adjudicator should”, and

(b)   

in paragraph (b) for “an Interim Orders Panel or a Fitness to Practise

Panel for the Panel” substitute “the Adjudicator for the Adjudicator”.

15

7     (1)  

Section 35D of the 1983 Act (functions of a Fitness to Practise Panel) is

amended as follows.

      (2)  

In the heading for “a Fitness to Practise Panel” substitute “the Adjudicator”.

      (3)  

In subsection (1)—

(a)   

after “section 35C above” insert “(other than under subsection (8) of

20

that section)”, and

(b)   

for “a Fitness to Practise Panel” substitute “the Adjudicator”.

      (4)  

In subsection (2)—

(a)   

for “Panel find” substitute “Adjudicator finds”,

(b)   

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

25

thinks”, and

(c)   

in paragraph (c) for “Panel think” substitute “Adjudicator thinks”.

      (5)  

In subsection (3)—

(a)   

for “Panel find” substitute “Adjudicator finds”, and

(b)   

for “they” substitute “the Adjudicator”.

30

      (6)  

In subsection (4)—

(a)   

for “a Fitness to Practise Panel have” substitute “the Adjudicator

has”, and

(b)   

in paragraph (c) for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”.

35

      (7)  

In subsection (5)—

(a)   

for “a Fitness to Practise Panel may, if they think” substitute “the

Adjudicator may, if it thinks”,

(b)   

in paragraph (c) for “Panel think” substitute “Adjudicator thinks”,

and

40

(c)   

for “Panel shall” substitute “Adjudicator shall”.

      (8)  

In subsection (6) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.

 
 

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

149

 

      (9)  

In subsection (7)—

(a)   

for “a Fitness to Practise Panel have” substitute “the Adjudicator

has”,

(b)   

for “a Fitness to Practise Panel shall” substitute “the Adjudicator

shall”, and

5

(c)   

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

     (10)  

In subsection (8)—

(a)   

for “Panel” (where first occurring) substitute “Adjudicator”, and

(b)   

in paragraph (c) for “Panel think” substitute “Adjudicator thinks”.

     (11)  

In subsection (9)—

10

(a)   

in paragraph (a)(iii) for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”, and

(b)   

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

Adjudicator”.

     (12)  

In subsection (10) for “Panel may, if they think” substitute “Adjudicator

15

may, if it thinks”.

     (13)  

In subsection (11)(b) for “rules made by virtue of paragraph 5A(3)”

substitute “paragraph 5A(3E)”.

     (14)  

In subsection (12)—

(a)   

for “a Fitness to Practise Panel may, if they think” substitute “the

20

Adjudicator may, if it thinks”, and

(b)   

for “Panel shall” substitute “Adjudicator shall”.

8     (1)  

Section 35E of the 1983 Act (provisions supplementary to section 35D) is

amended as follows.

      (2)  

In subsection (1)—

25

(a)   

for “a Fitness to Practise Panel” substitute “the Adjudicator”,

(b)   

in paragraphs (a), (b) and (c) for “give” substitute “gives”, and

(c)   

in paragraph (d) for “vary” substitute “varies”.

      (3)  

In subsection (4) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.

30

9     (1)  

Section 38 of the 1983 Act (power to order immediate suspension etc after a

finding of impairment of fitness to practise) is amended as follows.

      (2)  

In subsections (1) and (2)—

(a)   

for “rules made by virtue of paragraph 5A(3)” substitute “paragraph

5A(3E)”, and

35

(b)   

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

      (3)  

In subsection (3)—

(a)   

in paragraph (a)—

(i)   

in sub-paragraph (i) after “10” insert “or 10A”, and

(ii)   

omit sub-paragraph (ii), and

40

(b)   

in paragraph (b) for “paragraph 5A(4) of that Schedule” substitute

“paragraph 5A(5) of Schedule 4 to this Act”.

      (4)  

In subsection (4) for “a Fitness to Practise Panel make” substitute “the

Adjudicator makes”.

 
 

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

 

10    (1)  

Section 40 of the 1983 Act (appeals) is amended as follows.

      (2)  

In subsection (1)(a) and (b) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.

      (3)  

In subsection (7)—

(a)   

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

5

“the Adjudicator”,

(b)   

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

Adjudicator”, and

(c)   

in paragraph (d) for “Registrar for him to refer it to a Fitness to

Practise Panel” substitute “Adjudicator”.

10

      (4)  

In subsection (9) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.

11         

After section 40 of the 1983 Act insert—

“40A    

Reference of cases by General Council to court

(1)   

This section applies to—

15

(a)   

a decision of the Adjudicator under section 35D giving—

(i)   

a direction for suspension, including a direction

extending a period of suspension;

(ii)   

a direction for conditional registration, including a

direction extending a period of conditional

20

registration;

(iii)   

a direction varying any of the conditions imposed by

a direction for conditional registration; and

(b)   

a decision of the Adjudicator under paragraph 5A(3E) of

Schedule 4 giving—

25

(i)   

a direction for suspension;

(ii)   

a direction for conditional registration.

(2)   

This section also applies to—

(a)   

a decision of the Adjudicator under section 35D not to give a

direction falling within subsection (1)(a) or a direction for

30

erasure (whether because of a finding that the person’s

fitness to practise is not impaired or otherwise);

(b)   

a decision of the Adjudicator under section 35D—

(i)   

giving a direction that a suspension be terminated;

(ii)   

revoking a direction for conditional registration or a

35

condition imposed by such a direction;

(c)   

a decision of the Adjudicator under section 41 giving a

direction that a person’s name be restored to the register; and

(d)   

a decision of the Adjudicator under paragraph 5A(3E) of

Schedule 4 not to give a direction falling within subsection

40

(1)(b).

(3)   

The decisions to which this section applies are referred to below as

“relevant decisions”.

(4)   

If the General Council consider that—

(a)   

a relevant decision falling within subsection (1) is unduly

45

lenient, whether because the findings relating to fitness to

 
 

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

 

practise are inadequate, or because the direction given does

not adequately reflect the findings that have been made, or

both; or

(b)   

a relevant decision falling within subsection (2) should not

have been made,

5

   

and that it would be desirable for the protection of members of the

public for the General Council to take action under this section, the

General Council may refer the case to the relevant court.

(5)   

In the case of a relevant decision falling within subsection (1), the

General Council may not refer a case after the end of the period of 40

10

days beginning with the day which is the last day on which the

person to whom the relevant decision relates can appeal against it.

(6)   

In the case of a relevant decision falling within subsection (2), the

General Council may not refer a case after the end of the period of 40

days beginning with the day on which the General Council receives

15

notice of the relevant decision in accordance with rules made by the

Adjudicator under section 100(4)(a)(ii) of the Health and Social Care

Act 2008.

(7)   

If the General Council do refer a case—

(a)   

the case is to be treated by the court to which it has been

20

referred as an appeal by the General Council against the

relevant decision; and

(b)   

the Adjudicator is to be a respondent.

(8)   

The court may—

(a)   

dismiss the appeal;

25

(b)   

allow the appeal and quash the relevant decision;

(c)   

substitute for the relevant decision any other decision which

could have been made by the Adjudicator; or

(d)   

remit the case to the Adjudicator to dispose of the case in

accordance with the directions of the court,

30

   

and may make such order as to costs (or, in Scotland, expenses) as it

thinks fit.

(9)   

If the General Council do refer a case, the Registrar must without

delay serve on the person to whom the relevant decision relates

notification of the reference of the case to the court.

35

(10)   

In subsection (4) “relevant court” has the meaning given by section

40(5).”

12    (1)  

Section 41 of the 1983 Act (restoration of names to the register) is amended

as follows.

      (2)  

In subsection (1) for “a Fitness to Practise Panel may, if they think” substitute

40

“the Adjudicator may, if it thinks”.

      (3)  

In subsections (2) and (3) for “a Fitness to Practise Panel” substitute “the

Adjudicator”.

      (4)  

In subsection (6)—

(a)   

for “a Fitness to Practise Panel” substitute “the Adjudicator”,

45

(b)   

for “they direct” substitute “the Adjudicator directs”,

 
 

 
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