Regulation of Health and Social Care Professionals Consultation

Order 1976. The definition of the UK excludes the Channel Islands and the Isle of
Man, although these are included as part of the British Islands. 17 Citizens of the
Channel Islands and the Isle of Man are British citizens. 18 An Act of Parliament
must state specifically that it applies to these locations to have effect there. 19
13.24 Accordingly, the regulatory framework for the health and social care professions
in the UK does not extend to the Channel Islands and the Isle of Man. However,
in the islands a form of registration exists that reflects some of the features of UK
regulation. For instance, a doctor on Jersey can only be registered with the
Department for Health and Social Services if they are also registered under the
Medical Act 1983. 20 If a doctor is erased or suspended from the register of the
General Medical Council, there is a procedure to erase a doctor from the Jersey
register. 21 A doctor’s registration may be cancelled if he or she has been “guilty of
infamous or disgraceful conduct” although the doctor must have had an
opportunity to answer these charges. 22 There is similarly worded legislation for
dentists, opticians and a wide class of “registrable professions”, which includes
most of the health and social care professions that are regulated in the UK. 23 For
pharmacists and pharmacy technicians, obligations to maintain and manage a
register have been put directly on the Minister for Health and Social Services.
Amendments to the scheme for doctors have been adopted which would include
placing an obligation on Jersey’s Minister for Health and Social Services to
maintain a register of medical practitioners as well as introducing powers to make
Orders on fitness to practise. 24 However, these amendments are not yet in force.
13.25 In Guernsey, a similar arrangement is in place whereby doctors, dentists and
pharmacists must be registered as qualified practitioners in the UK. 25 This allows
registration with the Department for Health and Social Services in Guernsey. A
practitioner can only be erased from the register if they cease to be qualified in
the UK. 26 Similar provision is made for nurses, midwives and health visitors. 27
13.26 On the Isle of Man, there are arrangements for the maintenance of lists of
doctors, dentists, nurses, midwives and opticians. 28 These professions have their
own Acts passed by the Isle of Man legislature which prescribe the requirements
for registration and cross-references the relevant UK legislation. Practitioners can
17 Halsbury’s Laws of England, Vol 6: Commonwealth (4th ed 2003), paras 725 and 734.
18 British Nationality Act 1981, ss 1, 11, 50(1).
19 See Halsbury’s Laws of England, Vol 6: Commonwealth (4th ed 2003), para 726.
20 Medical Practitioners (Registration) (Jersey) Law 1960, art 6.
21 As above, arts 8(1) and 9(1).
22 Medical Practitioners (Registration) (Jersey) Law 1960, art 10.
23 Dentists (Registration) (Jersey) Law 1961; Opticians (Registration) (Jersey) Law 1962; and
Health Care (Registration) (Jersey) Law 1995.
24 Medical Practitioners (Registration) (Amendment No 4) (Jersey) Law 201-.
25 Doctors, Dentists and Pharmacists Ordinance 1987.
26 As above, s 3.
27 Nurses, Midwives and Health Visitors Ordinance 1987.
28 NHS Act 2001.
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