Regulation of Health and Social Care Professionals Consultation

provides an extensive list of relevant organisations. However, it is
important that wide coverage is balanced with the first characteristic,
which is being clear about to whom the duty applies.
(3) It should be clear when the duty applies. Some statutes are unclear on
this point: for example, the regulators are required to cooperate “in
exercising their functions”, which can be described as high-level and
difficult to tie to specific actions.
(4) Some form of action should be required by all bodies. Duties that require
a two-way flow of obligations appear to be more effective than those that
require no response.
(5) The action that is required must be as specific as possible. Thus, the
existing duties to cooperate placed on the regulators are weakened
significantly by their failure to identify what constitutes co-operation.
12.36 In the light of these characteristics, we provisionally propose that our statute
should set out two duties to cooperate. First, we propose that a general duty
should be imposed on each regulator to make arrangements to promote cooperation
with other relevant organisations or other persons, including those
concerned with the employment of registrants; education and training of
registrants; regulation or co-ordination of the regulation of other health or social
care professionals; regulation of health or social care services; and provision,
supervision or management of health or social care services.
12.37 The statute could provide examples of arrangements that could be made under
this duty, such as sharing information, undertaking joint consultations, sharing
facilities and resources, joint rules and regulations, and partnership arrangements
(see above) and other joint implementation of regulatory tasks or functions
(including fitness to practise adjudication). This duty would help to encourage the
regulators to be proactive in establishing a general framework that will encourage
joint working. We welcome further suggestions on the types of arrangements that
might be specified.
12.38 Second, we propose that there should be a specific duty to cooperate, which
applies when the regulator in question is:
(1) considering an application for registration or renewal of registration;
(2) undertaking activities connected to the approval of pre-registration and
post-registration education and training;
(3) monitoring and ensuring proper standards of practice and conduct; and
(4) undertaking an investigation into a registrant’s fitness to practise.
12.39 This duty would apply to the same list of relevant organisations or other persons
covered by the general duty to cooperate. The requested authority would be
16 Children Act 2004, s 10.
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