Regulation of Health and Social Care Professionals Consultation

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equired to give due consideration to any such request made by the regulator, and if it refuses to cooperate, must give written reasons. We welcome views on this proposal, and whether there are any other circumstances in which this duty should apply and whether the duty should apply to any other bodies. 12.40 We do not propose that the legislation should specify that in carrying out its duty to cooperate the Council must have regard to any differing considerations in relation to professional practice which apply in England, Scotland, Wales or Northern Ireland. In our view, this adds little of practical significance to the duty.. 12.41 It should also be noted that our reforms would retain most of the specific requirements to undertake certain actions to ensure joined-up working listed earlier in this Part. These are discussed at various points in this consultation paper. In addition, the Council for Healthcare Regulatory Excellence’s general duty to promote co-operation would be retained (see Part 10). Provisional Proposal 12-6: The statute should impose a general duty on each regulator to make arrangements to promote cooperation with other relevant organisations or other persons, including those concerned with the: (1) employment of registrants; (2) education and training of registrants; (3) regulation of other health or social care professionals; (4) regulation of health or social care services; and (5) provision/supervision/management of health or social care services. Question 12-7: Should the statute specify or give examples of the types of arrangements that could be made under provisional proposal 12-6? Provisional Proposal 12-8: The statute should impose a specific duty to cooperate, which would apply when the regulator in question is: (1) considering registration applications and renewals; (2) undertaking the approval of education and training; (3) ensuring proper standards of practice and conduct; and (4) undertaking an investigation into a registrant’s fitness to practise. This duty would apply to the same list of organisations and persons contained in provisional proposal 12-6. The requested authority would be required to give due consideration to any such request made by the regulator, and if it refuses to cooperate, must give written reasons. Question 12-9: Are there any other circumstances in which the specific duty to cooperate contained in provisional proposal 12-8 should apply? 222
PART 13 CROSS BORDER ISSUES 13.1 The management of cross border issues is an important activity for the health and social care professional regulators with a significant number of overseasqualified practitioners wishing to register in the UK. 1 In addition, the work of the regulators impacts on those outside the borders of mainland UK. In this Part, we explore the issues that arise from this, and specifically consider: (1) registrants entering from within the European Economic Area; (2) registrants entering from beyond the European Economic Area; and (3) regulating outside the UK. 13.2 This Part does not discuss cross border issues that arise from the devolution settlements between the devolved administrations in Northern Ireland, Scotland and Wales. Our approach to devolution is set out in Part 1. REGISTRANTS ENTERING FROM WITHIN THE EEA 13.3 When a health or social care professional from the European Economic Area (EEA) 2 wishes to move to another country that is also in the EEA, there is a system for the mutual recognition of professional qualifications. This is provided for by Directive 2005/36/EC, often called the “Qualifications Directive”. The intention of the Directive is to make it easier for qualified professionals to practise their professions in EEA countries other than their own and in doing so, allow for freedom of movement within the EEA. 13.4 The Directive was implemented in UK law by the European Qualifications (Health and Social Care Professions) Regulations 2007. 3 These regulations insert detailed and extensive provisions into the regulators’ governing legislation. For example, the provisions set out matters such as which primary qualifications in the Qualifications Directive qualify as primary qualifications for the purposes of registration and different criteria for registration based on whether the EEA national is seeking full, temporary or provisional registration. 13.5 The Directive distinguishes between doctors, dentists, nurses, midwives and pharmacists, which are termed the “sectoral professions”, and the remaining health and social care professions which are termed “general systems professions”. The distinction is important because the general systems 1 For instance, 38% of doctors qualified overseas (General Medical Council, The State of Medical Education and Practice in the UK (2010), p 27). 2 The EEA was established in 1994 to allow some members of the European Free Trade Association – Iceland, Liechtenstein and Norway – to participate in the internal market of the European Union (EU). In return, these countries agreed to adopt almost all European Union legislation. Accordingly, the Directive applies to all nationals from the 30 European Union Member States, plus Iceland, Liechtenstein and Norway. Our use of the term EEA includes Switzerland which has adopted the Directive despite not being part of the EEA. 3 SI 2007 No 3101. 223
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Law Commission Scottish Law Commiss
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CODE OF PRACTICE ON CONSULTATION Th
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The default powers of the Privy Cou
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Review hearings 187 Should regulato
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FOREWORD BY THE CHAIRMEN OF THE LAW
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TABLE OF ABBREVIATIONS CHRE Council
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approval imposes burdens on the Dep
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1.14 Second, recent times have witn
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constrain the costs of the current
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1.26 The regulation of social care
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1.34 We will be undertaking a wide
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on several occasions. 4 2.3 There a
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workers), some are largely self-emp
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(2) to guarantee minimum procedural
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(8) the instrument is scrutinised b
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subject to scrutiny by the Joint Co
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PUBLIC CONSULTATION 2.37 Consultati
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(1) that which is binding (such as
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2.54 The role of the Privy Council
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Parliament”. 34 It is likely that
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(1) a report on the exercise of its
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earlier in this Part, Orders in Cou
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2.87 But the retention of section 6
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safety and well-being of the public
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Provisional Proposal 2-18: The Gove
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2.119 But we also consider it impor
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PART 3 MAIN DUTY AND GENERAL FUNCTI
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asset”. 10 The courts have also r
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practise is impaired. Thus, in maki
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interests of its members. Under our
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3.36 In our view, the need for gene
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PART 4 GOVERNANCE 4.1 All of the re
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egulators would be placed directly
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powers to investigate and intervene
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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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