Regulation of Health and Social Care Professionals Consultation

e removed from a list if they cease to be eligible or if continued inclusion would
be “prejudicial to the efficiency of the services in question”. 29
Provisional view
13.27 The legislative framework for health and social care professional regulation in the
Channel Islands and the Isle of Man is formally outside the remit of our review.
However, concerns have been brought to our attention that for example certain
health and social care professions are left unregulated in these jurisdictions, and
that the fitness to practise regimes are insufficiently comprehensive and robust in
order to protect the public in the islands, who in most cases will be British
citizens. It has also been pointed out that a significant number of professionals
who practise in the Channel Islands and the Isle of Man will also practise in the
UK. It is therefore in the interests of the UK regulators to be able to take into
account any fitness to practise concerns raised against such professionals.
13.28 It would be possible in theory for the Government to decide to extend the UK
regulatory frameworks to include the Channel Islands and the Isle of Man by
bringing these islands within the jurisdiction of our statute. On a technical level,
this would be straightforward because the UK Parliament retains the ability to
legislate for the islands. All that would be required would be a provision that
specifies that the Act applies to the islands. However, there are constitutional
issues that would arise from the UK Parliament legislating for islands that are, as
a matter of convention, free to create their own laws. Also, extending the
jurisdiction of the regulators would necessarily have some resource implications.
Although making recommendations on this matter is outside the scope of our
review, we welcome further views on this political option.
13.29 We also welcome views on how the legal framework could address the interface
between the regulatory systems in the UK and the Channel Islands and the Isle
of Man. For example, it might be possible to encourage the regulators to
cooperate or enter into partnership arrangements (see Part 12). Alternatively the
statute could authorise the issuing of, for example, joint standards or codes by
the different regulators (see Part 12). We welcome views on these or any other
suggestions.
Question 13-4: Would there be benefits in the same regulatory arrangements
applying in the Channel Islands and the Isle of Man? If so, would the best way
to achieve this be parallel legislation or a single statute?
Question 13-5: How could the new legal framework address the interface
between the regulatory systems in the UK and the Channel Islands and the
Isle of Man?
Accrediting courses abroad
13.30 For some regulators, an important area of activity is accrediting courses which
are conducted abroad. For instance, the General Optical Council is increasingly
being asked to visit and approve European training, and in particular has
approved the European Council of Optometry and Optics diploma as a partial
29 As above, s 13.
229