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Health and Social Care Bill


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

159

 

(a)   

direct that the person’s registration in the register

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

(b)   

direct that the person’s registration shall be

5

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

for the protection of members of the public or in the

10

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

person concerned notification of the direction and of the

15

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)—

(a)   

the person is to be treated as not being registered in

20

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.”,

(f)   

in sub-paragraph (5)—

25

(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)”,

(iii)   

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

30

(iv)   

in paragraph (c) for “the Registrar for him to refer it to 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-

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

35

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”.

     (10)  

In paragraph 7—

40

(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

(b)   

in sub-paragraph (4)—

45

(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”.

 
 

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

160

 

     (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”.

     (12)  

In paragraph 9—

(a)   

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

5

and

(b)   

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

5A(5) above”.

     (13)  

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

both places) substitute “the Adjudicator”.

10

     (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—

(a)   

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

against the direction within the time specified in

15

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

dismissal of the appeal;

(c)   

where such an appeal is so brought and is not withdrawn

20

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

authorisation under paragraph 9 above—

(a)   

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

25

reference in paragraph (a) to the time specified in

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

extended; and

(b)   

if the authorisation is given after the expiration of the time

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

30

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

takes effect in accordance with this paragraph shall be construed

accordingly.”

35

     (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

(b)   

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

     (16)  

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

40

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

     (17)  

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

 
 

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

161

 

Part 2

Amendments of Opticians Act 1989

24         

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

(c. 44).

25         

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

5

“, 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”.

27         

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

10

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).

29         

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

15

“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

consider to indicate that—

20

(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;

(ii)   

R’s registration suspended;

25

(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

accordance with section 13I;

30

(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—

(i)   

an entry relating to a speciality or proficiency to the

35

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;

(iii)   

the entry relating to that speciality or proficiency

40

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

made conditional forthwith in accordance with

45

section 13I;

 
 

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

162

 

(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

warning regarding the registrant’s future conduct or

performance;

5

(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

10

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;

15

(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—

20

(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;

25

(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

30

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,”.

35

      (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)

40

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

45

“Adjudicator”, and

(b)   

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

Committee” substitute “Adjudicator for the 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

163

 

32    (1)  

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

amended as follows.

      (2)  

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

      (3)  

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

“Adjudicator”.

5

      (4)  

In subsection (2)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

finds”, and

(b)   

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

thinks”.

10

      (5)  

In subsection (3)(c)—

(a)   

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

(b)   

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

      (6)  

In subsection (4)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

15

finds”,

(b)   

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

(c)   

in paragraph (c)—

(i)   

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

(ii)   

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

20

      (7)  

In subsection (5)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

finds”, and

(b)   

for “they” substitute “the Adjudicator”.

      (8)  

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

25

“Adjudicator has”.

      (9)  

In subsection (7)—

(a)   

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

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

(b)   

in paragraph (c)—

30

(i)   

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

(ii)   

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

and

(c)   

for “Committee shall” substitute “Adjudicator shall”.

     (10)  

In subsection (8)—

35

(a)   

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

“Adjudicator finds”, and

(b)   

for “they” substitute “the Adjudicator”.

     (11)  

In subsection (10)—

(a)   

for “Fitness to Practise Committee have” substitute “Adjudicator

40

has”,

(b)   

for “Fitness to Practise Committee must” substitute “Adjudicator

must”, and

(c)   

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

164

 

     (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

(ii)   

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

5

     (13)  

In subsection (13)—

(a)   

for the words from “Fitness to Practise Committee” to “they think”

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

thinks”, and

(b)   

for “Committee must” substitute “Adjudicator must”.

10

33    (1)  

Section 13G of the 1989 Act (provisions supplementary to section 13F) is

amended as follows.

      (2)  

In subsection (1)—

(a)   

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

(b)   

in paragraph (a) for “give” substitute “gives”, and

15

(c)   

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

      (3)  

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

“Adjudicator”.

34         

In section 13H of the 1989 Act (financial penalty order), in subsection (1)—

(a)   

for “Fitness to Practise Committee have” substitute “Adjudicator

20

has”, and

(b)   

for “they” substitute “the Adjudicator”.

35    (1)  

Section 13I of the 1989 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) for “Fitness to Practise Committee” substitute

25

“Adjudicator”.

      (3)  

In subsection (4) for “Fitness to Practise Committee make” substitute

“Adjudicator makes”.

36    (1)  

Section 13J of the 1989 Act (removal from a register on grounds of fraud or

error) is amended as follows.

30

      (2)  

In subsection (1)—

(a)   

for “Fitness to Practise Committee” substitute “Adjudicator”, and

(b)   

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

thinks”.

      (3)  

In subsection (2) for “Fitness to Practise Committee direct” substitute

35

“Adjudicator directs”.

37    (1)  

Section 13K of the 1989 Act (restoration of names to a register) is amended

as follows.

      (2)  

In subsections (2) and (3) for “Registration Appeals Committee” substitute

“Adjudicator”.

40

      (3)  

In subsection (6)—

(a)   

for “Registration Appeals Committee may, if they think” substitute

“Adjudicator may, if it thinks”,

 
 

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

165

 

(b)   

for “direct the registrar to restore” substitute “direct that”, and

(c)   

after “proficiency,” insert “be restored”.

      (4)  

In subsection (7)—

(a)   

for “Registration Appeals Committee” substitute “Adjudicator”,

(b)   

for “they consider” substitute “the Adjudicator considers”,

5

(c)   

for “they must” substitute “the Adjudicator must”, and

(d)   

for “them” substitute “it”.

      (5)  

In subsection (8) for “Registration Appeals Committee” substitute

“Adjudicator”.

      (6)  

In subsection (9) for “Registration Appeals Committee give” substitute

10

“Adjudicator gives”.

      (7)  

In subsection (10) for “Registration Appeals Committee” substitute

“Adjudicator”.

38    (1)  

Section 13L of the 1989 Act (interim orders) is amended as follows.

      (2)  

In subsection (1)—

15

(a)   

for “Fitness to Practise Committee are” substitute “Adjudicator is”,

and

(b)   

for “the Committee” substitute “the Adjudicator”.

      (3)  

In subsection (2)(b) for “Committee think” substitute “Adjudicator thinks”.

      (4)  

In subsection (3)—

20

(a)   

for “Fitness to Practise Committee make” substitute “Adjudicator

makes”, and

(b)   

for “the Committee” substitute “the Adjudicator”.

      (5)  

In subsections (4) and (6) for “Fitness to Practise Committee” substitute

“Adjudicator”.

25

      (6)  

In subsection (9) for “Fitness to Practise Committee” (in both places)

substitute “Adjudicator”.

      (7)  

In subsection (11)—

(a)   

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

(b)   

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

30

(c)   

omit “and rules made under section 23C below”.

39         

After section 23A of the 1989 Act insert—

“23AA   

References to Investigation Committee

(1)   

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

Adjudicator forms the opinion (on reasonable grounds) that there is

35

a matter which ought to be investigated by the Investigation

Committee—

(a)   

the Adjudicator may notify the registrar of that matter; and

(b)   

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

Investigation Committee and the Investigation Committee

40

shall investigate the matter.

 
 

 
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