Regulation of Health and Social Care Professionals Consultation

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.
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