Regulation of Health and Social Care Professionals Consultation

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1.34 We will be undertaking a wide consultation process in order to gather as many different views and as much information as possible. We welcome responses from all interested parties. Details of how to respond can be found on the inside front page of this consultation paper. 1.35 An analysis of consultation responses will be published on our websites. The next stage will be to produce and submit a report in 2014 to the Lord Chancellor and to the Scottish and Northern Ireland Ministers. Taking into account the responses we receive to this consultation paper, the report will contain our final recommendations and the reasons for them. A draft bill, giving effect to our final recommendations, will also be included. 10
PART 2 THE STRUCTURE OF REFORM AND ACCOUNTABILITY 2.1 This Part considers a number of preliminary matters which concern how the new legal framework should be structured and how the health and social care professional regulators should be made accountable for the exercise of their powers. The specific matters considered are: (1) our general approach to law reform; (2) rules and regulations; (3) public consultation; (4) Parliamentary accountability; (5) publication requirements; (6) Section 60 orders; (7) the number of regulators and regulated professions; (8) the default powers of the Privy Council; (9) devolved responsibilities; and (10) implementation issues. OUR GENERAL APPROACH TO LAW REFORM The legislative structure 2.2 As noted in Part 1, the legislative framework for health and social care professional regulation in the UK has developed in a piecemeal fashion over the past 150 years. 1 Each regulator has its own separate legal framework which has been introduced and reformed by Parliament throughout this period. For example, the General Medical Council was established by the Medical Act 1858, which has been updated on several occasions. The Council is currently governed by the Medical Act 1983 which itself has been amended heavily. 2 The legislative origins of the Nursing and Midwifery Council and General Dental Council date back to the early twentieth century and have been the subject of periodic reform. 3 The Health Professions Council is one of the newest regulators, having been established by the Health Professions Order 2001 which has also been amended 1 For an account of the regulatory structure from a Scottish perspective see Stair Memorial Encyclopaedia Reissue Medical Law, paras 12 to 88. 2 For example, by the Professional Performance Act 1995 and European Qualifications (Health and Social Care Professions) Regulations 2007, SI 2007 No 3101. 3 For example, by the Midwifes Registration Act 1902 and Dentists Act 1921. 11
Page 1: Law Commission Scottish Law Commiss
Page 4 and 5: CODE OF PRACTICE ON CONSULTATION Th
Page 6 and 7: The default powers of the Privy Cou
Page 8 and 9: Review hearings 187 Should regulato
Page 10 and 11: FOREWORD BY THE CHAIRMEN OF THE LAW
Page 12 and 13: TABLE OF ABBREVIATIONS CHRE Council
Page 14 and 15: approval imposes burdens on the Dep
Page 16 and 17: 1.14 Second, recent times have witn
Page 18 and 19: constrain the costs of the current
Page 20 and 21: 1.26 The regulation of social care
Page 24 and 25: on several occasions. 4 2.3 There a
Page 26 and 27: workers), some are largely self-emp
Page 28 and 29: (2) to guarantee minimum procedural
Page 30 and 31: (8) the instrument is scrutinised b
Page 32 and 33: subject to scrutiny by the Joint Co
Page 34 and 35: PUBLIC CONSULTATION 2.37 Consultati
Page 36 and 37: (1) that which is binding (such as
Page 38 and 39: 2.54 The role of the Privy Council
Page 40 and 41: Parliament”. 34 It is likely that
Page 42 and 43: (1) a report on the exercise of its
Page 44 and 45: earlier in this Part, Orders in Cou
Page 46 and 47: 2.87 But the retention of section 6
Page 48 and 49: safety and well-being of the public
Page 50 and 51: Provisional Proposal 2-18: The Gove
Page 52 and 53: 2.119 But we also consider it impor
Page 54 and 55: PART 3 MAIN DUTY AND GENERAL FUNCTI
Page 56 and 57: asset”. 10 The courts have also r
Page 58 and 59: practise is impaired. Thus, in maki
Page 60 and 61: interests of its members. Under our
Page 62 and 63: 3.36 In our view, the need for gene
Page 64 and 65: PART 4 GOVERNANCE 4.1 All of the re
Page 66 and 67: egulators would be placed directly
Page 68 and 69: powers to investigate and intervene
Page 70 and 71: 4.30 A regulator not included in ta
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Education and training 4.39 Most co
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must be lay or that there should be
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4.57 The General Medical Council ha
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4.66 Moreover, it is not evident th
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PART 5 REGISTERS 5.1 A key statutor
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5.9 However, the significance of re
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5.18 In effect, statutory powers wo
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5.25 Finally, a small number of the
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Voluntary registers 5.33 Our provis
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Council may register a person (or g
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through negligence on the part of a
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5.61 We propose that the statute sh
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communicated, which have no formal
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the statute should impose the same
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5.90 In some cases, the right to ap
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not complied with continuing profes
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could be made to provide better inf
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and provide links to information ab
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which practitioners have undertaken
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the Government in its guidance to d
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eing met by the local education pro
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6.13 Second, our legal framework wo
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Medical Council must satisfy the re
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6.31 The Health Professions Council
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(1) which qualifications are approv
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6.48 Finally, there are a number of
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Good Medical Practice which covers
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and other optical appliances, such
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6.72 We also believe that the new l
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looked at in detail only when conce
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professionals to remain registered
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Misconduct 7.6 Most of the governin
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(1) an order under section 246(2) o
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THE FITNESS TO PRACTISE FINDINGS 7.
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Option 2: consolidation of the exis
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(a) has in the past acted and/or is
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that many of the regulators have de
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PART 8 FITNESS TO PRACTISE: INVESTI
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language is not English. 7 However,
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of working around their legislative
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8.22 Some of the regulators, such a
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undertake this task, for example, i
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Assessments 8.37 Most regulators ha
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(1) an Investigation Committee whic
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THRESHOLD TEST 8.52 Having undertak
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egulators accept undertakings given
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hearings or other safeguards, espec
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epeated. Second, following an inves
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Provisional view 8.84 The current p
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PART 9 FITNESS TO PRACTISE: ADJUDIC
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of the individual circumstances of
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practise process to be considered i
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to set up and the new arrangements
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oversee their Panel appointment pro
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the regulators to ensure that Panel
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9.50 For most regulators the fitnes
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enable the regulators to deliver ma
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(3) a private hearing is necessary
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Question 9-16: Should the statute p
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and final sanction”. 63 We theref
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Question 9-22: Should the statute g
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found to be unfit to practise. 73 W
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accountable, consistent, transparen
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above. The Council for Healthcare R
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Provisional Proposal 9-32: The stat
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that the sanction is clearly inappr
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away from self-regulation in health
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may appoint employees and has a wid
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Provisional Proposal 10-3: Appointm
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general functions should be retaine
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the imposition of a relevant sancti
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independence of the new Medical Pra
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11.5 However, it may be that the co
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Act 1972. For example, the Medicine
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is fit to carry on such a business
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extend to all businesses or to all
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Council and Care Quality Commission
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in the 2011 White Paper Enabling Ex
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12.13 The Council for Healthcare Re
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12.23 We welcome views on the examp
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places a general duty to cooperate
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equired to give due consideration t
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professions are not subject to the
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attach to systemic failures to impl
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Order 1976. The definition of the U
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oute to UK registration. 30 The Gen
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13.39 The potential advantages of t
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(6) professional bodies that repres
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Provisional Proposal 4-2: The statu
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(5) the appointment of visitors and
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Provisional Proposal 8-13: The powe
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Provisional Proposal 10-3: Appointm
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PART 13: CROSS BORDER ISSUES Provis
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GENERAL SOCIAL CARE COUNCIL It shal
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(8) Standards Committee GENERAL OST
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(22) Licentiate in medicine and sur
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(68) Speech therapist NURSING AND M
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Regulation of Health and Social Care Professionals Consultation

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