Regulation of Health and Social Care Professionals Consultation

Health Professions Council and the Nursing and Midwifery Council this can be
between one and five years. 80 Other regulators do not have a time limit.
Consensual disposals
9.105 At many regulators, Fitness to Practise Panels have powers to agree
undertakings as an alternative to a formal sanction. Some panels can also agree
to voluntary removal from the register. Consensual disposals are discussed in
more detail in Part 8.
Immediate Orders
9.106 Most of the regulators have powers to take interim measures pending a direction
of a Fitness to Practise Panel taking effect. A sanction does not take effect during
the appeal period, normally 28 days, or if an appeal is lodged, until that appeal
has been disposed of. During this time the professional’s registration is fully
effective unless the Panel also imposes a further order. At the General Medical
Council this is known as an immediate order which can be imposed where this is
necessary for the protection of the public, in the public interest, or in the
registrant’s interests. 81 At other regulators, such as the Health Professions
Council an Interim Order can be used for this purpose. 82 At most Councils, such
action can only be taken after certain sanctions have been imposed, normally
erasure and suspension.
Pharmaceutical Society of Northern Ireland
9.107 Until recently, a notable feature of the law has been the limited powers of the
Pharmaceutical Society of Northern Ireland to deal with fitness to practise
matters. For instance, the Society was only able to use the single sanction of
removal from the register in fitness to practise cases. However, the Northern
Ireland Assembly has legislated recently to reform many aspects of the Society’s
legal framework, including the introduction of a range of sanctions. 83
Provisional view
9.108 The range of sanctions available varies across the different regulators. It is our
view that harmonising these sanctions would help to promote legal clarity, and
further safeguard patients and the public by giving each of the regulators a full
range of powers to deal with cases. In effect, the statute would provide that all
Fitness to Practise Panels across the different regulators would have the same
powers to issue a full range of sanctions. The Council for Healthcare Regulatory
Excellence also concluded that the harmonisation of sanctions available to the
regulators would help to deliver “better regulation that is proportionate,
80 Health Professions Order 2001, SI 2002 No 254, art 29(5)(d) and Nursing and Midwifery
Order 2001 SI 2002 No 253, art 29(5)(d).
81 For example, Medical Act 1983, s 38.
82 Health Professions Order 2001, SI 2002 No 254, art 31(c).
83 Pharmacy (1976 Order) (Amendment) Order (Northern Ireland) 2012.
183