Regulation of Health and Social Care Professionals Consultation

Provisional Proposal 10-3: Appointments to the CHRE’s General Council
should be made by the Government and by the devolved administrations.
Appointments would be made in accordance with the standards for
appointments to the health and social care regulators made by the CHRE.
FUNCTIONS, POWERS AND DUTIES OF THE CHRE
10.21 A major difference between the legal framework of the CHRE and that given to
the health care regulators is that the CHRE’s legal framework does not consist of
statutory powers and functions which are detailed elsewhere in rules and
regulations. Instead the powers and functions of the CHRE are detailed in broad
terms on the face of the NHS Reform and Health Care Professions Act 2002. The
only exception is in relation to complaints where the Secretary of State is given
regulation making powers (see below).
10.22 Section 25 of the NHS Reform and Health Care Professions Act 2002 contains
the general functions of the CHRE. These are to:
(1) promote the interests of patients;
(2) promote best practice in the performance of the regulators;
(3) formulate principles relating to good professional self-regulation; and
(4) promote co-operation between regulatory bodies; and between them, or
any of them, and other bodies performing corresponding functions.
10.23 This section also inserts a main objective of the CHRE in relation to the exercise
of the functions 2, 3 and 4 listed above, which is “to promote the health, safety
and well-being of patients and other members of the public”. Main objectives and
general functions are discussed in more detail in Part 3.
10.24 CHRE’s general functions are accompanied by a number of general powers and
duties. With certain exceptions, the CHRE is empowered to do “anything which
appears to it to be necessary or expedient for the purpose of, or in connection
with, the performance of its functions”. This may include investigating and
reporting on how each health care regulator is performing its functions (including
where a health care regulator is performing functions which correspond to
another body) and recommending to a health care regulator that it changes the
way it performs its functions. The CHRE also has a power to give directions to
the health care regulators requiring rules to be made if it is desirable to do so for
the protection of the public. 13
10.25 An exception to this general power is in relation to individual cases in which there
are, will be or have been proceedings (including where an allegation has been
made which may give rise to such proceedings). 14 However, reports on the
performance of the regulators can still be made and the CHRE’s power to refer a
case to the higher courts still applies (see below). There is also an exception to
the power as regards the Pharmaceutical Society of Northern Ireland in relation
13 NHS Reform and Health Care Professions Act 2002, ss 26 and 27.
14 As above, s 26(3).
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