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| is a regulated activity relating to vulnerable adults.” |
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The Office of the Health Professions Adjudicator |
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1 | In this Schedule “the relevant Northern Ireland department” means the |
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Department of Health, Social Services and Public Safety in Northern Ireland. |
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2 (1) | The OHPA is not to be regarded as the servant or agent of the Crown or as |
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enjoying any status, immunity or privilege of the Crown. |
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(2) | The OHPA’s property is not to be regarded as property of, or property held |
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3 (1) | The OHPA may do anything which appears to it to be necessary or |
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expedient for the purposes of, or in connection with, the exercise of its |
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(2) | This includes, in particular, the power to— |
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(a) | acquire and dispose of land and other property, and |
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(b) | enter into contracts. |
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4 | The OHPA is to consist of the following members— |
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(a) | a chair appointed by the Privy Council, |
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(b) | non-executive members appointed by the Privy Council, and |
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(c) | executive members appointed in accordance with paragraph 8. |
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5 | No person may be appointed as a member unless the person satisfies such |
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requirements as may be prescribed in regulations made by the Privy |
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6 | A person may be appointed as the chair only if the person (as well as |
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satisfying any requirements prescribed under paragraph 5)— |
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(a) | has a 10 year general qualification within the meaning of section 71 |
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of the Courts and Legal Services Act 1990 (c. 41), |
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(b) | is an advocate or solicitor in Scotland of at least 10 years’ standing, or |
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(c) | is a member of the Bar of Northern Ireland, or a solicitor of the Court |
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of Judicature of Northern Ireland, of at least 10 years’ standing. |
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7 (1) | The Privy Council must by regulations make provision about the number of |
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non-executive and executive members. |
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(2) | The regulations must provide for there to be— |
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(a) | at least one but no more than three non-executive members, and |
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(b) | at least one but no more than three executive members. |
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(3) | The regulations may not provide for the number of executive members to be |
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greater than the number of non-executive members. |
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8 (1) | The first executive members are to be appointed by the Privy Council. |
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(2) | Subsequent appointments of executive members are to be made by the |
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(3) | The executive members must be employees of the OHPA. |
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(4) | Sub-paragraph (3) is to be taken to be complied with in relation to the first |
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executive members appointed under sub-paragraph (1) if they are employed |
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by the OHPA as soon as practicable after being appointed. |
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9 | Each of the members mentioned in paragraph 4(a) to (c)— |
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(a) | holds and vacates office in accordance with the terms of the |
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member’s appointment, and |
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(b) | may be removed from office by the Privy Council on the grounds of |
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incapacity or misbehaviour. |
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10 (1) | Subject to sub-paragraph (2), the terms of a member’s appointment are to be |
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determined by the person making the appointment. |
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(2) | The terms of appointment of an executive member appointed by the OHPA |
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are to be determined by the Privy Council in so far as the terms relate to |
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tenure of office or suspension from office. |
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11 | The OHPA may regulate its own procedure. |
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12 | The validity of proceedings of the OHPA is not affected— |
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(a) | by any vacancy in its membership, |
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(b) | by any defect in the appointment of a member, or |
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(i) | acting as a member even though ineligible for appointment |
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when purportedly appointed, or |
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(ii) | acting as a member after having ceased to be a member. |
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13 (1) | The OHPA must establish and maintain a system for the declaration and |
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registration of private interests of its members. |
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(2) | The OHPA must publish entries recorded in the register of members’ |
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Remuneration and allowances |
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14 (1) | The OHPA must pay to its chair, or to any other member, such remuneration |
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and allowances as the Secretary of State may determine. |
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(2) | If the Secretary of State so determines, the OHPA must pay or make |
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provision for the payment of such pension, allowances or gratuities as the |
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Secretary of State may determine to or in respect of a person who is or has |
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been the chair or any other member of the OHPA. |
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(3) | If the Secretary of State determines that there are special circumstances that |
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make it right for a person ceasing to hold office as chair of the OHPA to |
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receive compensation, the OHPA must— |
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(a) | pay to that person, or |
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(b) | make provision for the payment to that person of, |
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| such compensation as the Secretary of State may determine. |
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Amendment of Superannuation Act 1972 (c. 11) |
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15 | In Schedule 1 to the Superannuation Act 1972 (kinds of employment in |
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relation to which pension schemes may be made), at the appropriate place |
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in the list of “Other Bodies” insert the following entry— |
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“The Office of the Health Professions Adjudicator.” |
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16 | The OHPA must pay to the Minister for the Civil Service, at such times as |
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the Minister may direct, such sums as the Minister may determine in respect |
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of any increase attributable to paragraph 15 in the sums payable out of |
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money provided by Parliament under the Superannuation Act 1972. |
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17 (1) | The OHPA may appoint such employees (in addition to the executive |
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members) as it considers appropriate on such terms and conditions as it may |
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(2) | Without prejudice to its other powers, the OHPA may pay, or make |
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provision for the payment of— |
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(a) | pensions, allowances and gratuities, or |
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(b) | compensation for loss of employment or reduction of remuneration, |
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| to or in respect of its employees. |
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Payments and loans to the OHPA |
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18 (1) | The Secretary of State may make payments to the OHPA of such amounts, |
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at such times and on such conditions (if any) as the Secretary of State |
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(2) | The relevant Northern Ireland department may make payments to the |
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OHPA of such amounts, at such times and on such conditions (if any) as it |
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(3) | The Secretary of State may make loans to the OHPA on such terms |
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(including terms as to repayment and interest) as the Secretary of State may |
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(4) | The approval of the Treasury is required as to the amount and terms of any |
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loan under sub-paragraph (3). |
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(5) | The relevant Northern Ireland department may make loans to the OHPA on |
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such terms (including terms as to repayment and interest) as it may |
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(6) | The approval of the Department of Finance and Personnel in Northern |
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Ireland is required as to the amount and terms of any loan under sub- |
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(7) | Except as provided by sub-paragraphs (3) and (5), the OHPA has no power |
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(8) | The Secretary of State may give directions to the OHPA as to the application |
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of any sums received by it under sub-paragraph (1) or (3). |
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(9) | The relevant Northern Ireland department may give directions to the OHPA |
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as to the application of any sums received by it under sub-paragraph (2) or |
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(10) | The OHPA must comply with any directions under sub-paragraph (8) or (9). |
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19 (1) | The OHPA must keep accounts in such form as the Secretary of State may |
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(2) | The OHPA must prepare annual accounts in respect of each financial year in |
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such form as the Secretary of State may determine. |
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(3) | The OHPA must send copies of the annual accounts to— |
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(a) | the Secretary of State, and |
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(b) | the Comptroller and Auditor General, |
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| within such period after the end of the financial year to which the accounts |
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relate as the Secretary of State may determine. |
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(4) | Within that period the OHPA must also send copies of the annual accounts |
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to the relevant Northern Ireland department. |
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(5) | The Comptroller and Auditor General must examine, certify and report on |
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the annual accounts and must lay copies of the accounts, and of the report |
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on them, before Parliament. |
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(6) | A copy of the accounts must be laid before the Northern Ireland Assembly |
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by the relevant Northern Ireland department. |
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(7) | In this paragraph and paragraph 20, “financial year” means— |
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(a) | the period beginning with the day on which the OHPA is established |
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and ending with the next 31 March following that day, and |
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(b) | each successive period of 12 months ending with 31 March. |
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20 (1) | The OHPA must prepare a report on the exercise of its functions during each |
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(2) | As soon as possible after the end of the financial year the OHPA must send |
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(a) | the Secretary of State, and |
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(b) | the relevant Northern Ireland department. |
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(3) | A copy of the report must be laid— |
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(a) | before Parliament, by the Secretary of State, and |
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(b) | before the Northern Ireland Assembly, by the relevant Northern |
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(4) | The Privy Council may give directions to the OHPA as to the matters to be |
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dealt with in the report. |
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21 | The application of the seal of the OHPA must be authenticated by the |
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(a) | of any member of the OHPA, or |
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(b) | of any other person who has been authorised by the OHPA (whether |
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generally or specifically) for that purpose. |
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(a) | purporting to be duly executed under the seal of the OHPA, or |
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(b) | purporting to be signed on behalf of the OHPA, |
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| is to be received in evidence and, unless the contrary is proved, taken to be |
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Meetings of the OHPA in Northern Ireland |
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23 (1) | Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c. 9) |
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(which provide for public access to meetings of a district council, the |
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publication of information concerning such meetings etc.) apply in relation |
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to meetings of the OHPA in Northern Ireland as they apply in relation to |
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meetings of a district council but subject to the following modifications. |
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(2) | The modifications are that— |
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(a) | any reference to a district council is to be read as a reference to the |
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(b) | any reference to councillors or members of the council is to be read |
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as a reference to members of the OHPA. |
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Adjudication functions under Medical Act 1983 and Opticians Act 1989 |
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Amendments of Medical Act 1983 |
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1 | In this Part of this Schedule “the 1983 Act” means the Medical Act 1983 |
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2 (1) | Section 1 of the 1983 Act (the General Medical Council) is amended as |
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(2) | In subsection (3) omit paragraphs (b) and (f). |
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(3) | In subsection (3A) for “(a) to (f)” substitute “(a), (c), (d) and (e)”. |
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3 | In section 29C of the 1983 Act (referral to the Investigation Committee), in |
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subsection (2)(b), for “a Fitness to Practise Panel, by such a Panel” substitute |
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“the Adjudicator, by the Adjudicator”. |
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4 | After section 35 of the 1983 Act insert— |
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“35ZA | Fitness to practise findings: guidance |
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(1) | The General Council may publish guidance about factors which they |
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consider to indicate that— |
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(a) | a person (“D”) whose fitness to practise is found to be |
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impaired should or should not have— |
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(i) | D’s name erased from the register; |
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(ii) | D’s registration suspended; |
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(iii) | D’s registration suspended forthwith in accordance |
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(iv) | D’s registration made conditional; |
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(v) | D’s registration made conditional forthwith in |
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accordance with section 38; |
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(b) | a person whose fitness to practise is found not to be impaired |
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should or should not be given a warning regarding the |
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person’s future conduct or performance; |
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(c) | a person whose name has been erased from the register |
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should or should not have the person’s name restored to the |
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(2) | The General Council may also publish guidance about factors which |
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they consider to indicate— |
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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 person whose registration is to be |
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(b) | the period of time for which a person’s registration should be |
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suspended 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 35D, 38 |
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and 41 and under paragraph 5A(3E) of Schedule 4.” |
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5 (1) | In section 35B of the 1983 Act (notification and disclosure by the General |
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Council), in subsection (4)— |
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(a) | in paragraphs (a), (b) and (c) for “a Fitness to Practise Panel” |
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substitute “the Adjudicator”, |
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(b) | in paragraph (d) for “an Interim Orders Panel or a Fitness to Practise |
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Panel” substitute “the Adjudicator”, |
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(c) | after paragraph (d) insert— |
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“(da) | decisions of the Adjudicator to make a direction |
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under paragraph 5A(3E) of Schedule 4 to this Act and |
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decisions of the Adjudicator under section 35D below |
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that relate to such a direction;”, and |
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(d) | in paragraph (e) for “a Fitness to Practise Panel” substitute “the |
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6 (1) | Section 35C of the 1983 Act (functions of the Investigation Committee) is |
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(2) | In subsection (2)(e) after “social care profession” insert “, or by the |
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(3) | In subsection (4) for “a Fitness to Practise Panel” substitute “the |
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(4) | In subsection (5) for “a Fitness to Practise Panel” (in both places) substitute |
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(5) | In subsections (6) and (7) for “a Fitness to Practise Panel” substitute “the |
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(a) | for “an Interim Orders Panel or a Fitness to Practise Panel should” |
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substitute “the Adjudicator should”, and |
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(b) | in paragraph (b) for “an Interim Orders Panel or a Fitness to Practise |
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Panel for the Panel” substitute “the Adjudicator for the Adjudicator”. |
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7 (1) | Section 35D of the 1983 Act (functions of a Fitness to Practise Panel) is |
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(2) | In the heading for “a Fitness to Practise Panel” substitute “the Adjudicator”. |
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(a) | after “section 35C above” insert “(other than under subsection (8) of |
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(b) | for “a Fitness to Practise Panel” substitute “the Adjudicator”. |
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(a) | for “Panel find” substitute “Adjudicator finds”, |
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(b) | for “they may, if they think” substitute “the Adjudicator may, if it |
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(c) | in paragraph (c) for “Panel think” substitute “Adjudicator thinks”. |
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(a) | for “Panel find” substitute “Adjudicator finds”, and |
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(b) | for “they” substitute “the Adjudicator”. |
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(a) | for “a Fitness to Practise Panel have” substitute “the Adjudicator |
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(b) | in paragraph (c) for “rules made by virtue of paragraph 5A(3)” |
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substitute “paragraph 5A(3E)”. |
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(a) | for “a Fitness to Practise Panel may, if they think” substitute “the |
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Adjudicator may, if it thinks”, |
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(b) | in paragraph (c) for “Panel think” substitute “Adjudicator thinks”, |
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(c) | for “Panel shall” substitute “Adjudicator shall”. |
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(8) | In subsection (6) for “a Fitness to Practise Panel” substitute “the |
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(a) | for “a Fitness to Practise Panel have” substitute “the Adjudicator |
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(b) | for “a Fitness to Practise Panel shall” substitute “the Adjudicator |
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