Regulation of Health and Social Care Professionals Consultation

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(6) professional bodies that represent registrants; (7) persons or bodies commissioning or funding the services provided by registrants or at a registered premises/business. Provisional Proposal 2-8: The formal role of the Privy Council in relation to health and social care professional regulation should be removed entirely. Provisional Proposal 2-9: The House of Commons Health Committee should consider holding annual accountability hearings with the regulators which should be coordinated with the CHRE’s performance reviews. The Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly should also consider instituting similar forms of accountability. Provisional Proposal 2-10: The Secretary of State should be given formal powers to make decisions on matters that require a political policy decision to be made, including matters where there is a sufficient public interest and matters that give rise to questions about the allocation of public resources. Provisional Proposal 2-11: The statute should place a duty on each regulator to provide information to the public and registrants about its work. Provisional Proposal 2-12: Each regulator and the CHRE should be required to lay copies of their annual reports, statistical reports, strategic plans and accounts before Parliament and also in all cases the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly. Provisional Proposal 2-13: The statute should not require the regulators to send a copy of their accounts to the Comptroller and Auditor General or to the Auditor General for Scotland. Provisional Proposal 2-14: The order making power in section 60 of the Health Act 1999 should be repealed and instead the Government should be given regulation-making powers on certain issues. Provisional Proposal 2-15: The Government should be given a regulationmaking power to abolish or merge any existing regulator, or to establish a new regulatory body. This power would also enable the Government to add new professional groups to, or remove professional groups from, statutory regulation. Question 2-16: Should the CHRE be given a power to recommend a profession for statutory regulation, or the removal of a profession from statutory regulation? If the Government decided not to comply, it would be required to issue a report setting out its reasons. Provisional Proposal 2-17: The Government should be given powers to issue a direction in circumstances where a regulator has failed to perform any of its functions, and if the regulator fails to comply with the direction, the Government may itself give effect to the direction (see also provisional proposal 13-2). Provisional Proposal 2-18: The Government should be given powers to take over a regulator which is failing to carry out its functions. 234
Provisional Proposal 2-19: The Government should not have express powers in the statute to initiate a public inquiry. This would continue to be provided for under other existing Government powers. Provisional Proposal 2-20: If the Scotland Bill 2010 does not become law, any use of the proposed regulation-making power set out in provisional proposal 2-13 in respect of a profession for which the Scottish Parliament has legislative competence, must be consulted on by Scottish Ministers and laid before the Scottish Parliament as well as the UK Parliament. Question 2-21: Should the Pharmacy (Northern Ireland) Order 1976 be reconstituted and retained as a separate part of the new statute? Question 2-22: Should the proposed regulation-making power set out in provisional proposal 2-15 include a general provision to incorporate the Pharmaceutical Society of Northern Ireland into the main legal framework of the new statute (following approval by the Northern Ireland Assembly)? Question 2-23: Which, if any, of the specific proposals which follow in this consultation paper should be applied to the Pharmaceutical Society of Northern Ireland? Question 2-24: How should the new legal framework deal with cases left over from the previous legal regimes? What practical difficulties are likely to arise from the repeal of existing legislation and rules? PART 3: MAIN DUTY AND GENERAL FUNCTIONS OF THE REGULATORS Question 3-1: Should the statute specify the paramount duty of the regulators and the CHRE is to: (1) protect, promote and maintain the health, safety and wellbeing of the public by ensuring proper standards for safe and effective practice; or (2) protect, promote and maintain the health, safety and well-being of the public and maintain confidence in the profession, by ensuring proper standards for safe and effective practice? Provisional Proposal 3-2: The statute should not include a statement setting out the general or principal function(s) of the regulators. Question 3-3: Should the statute include guiding principles which would apply to all decisions made by the regulators, and if so what should they be? Question 3-4: Should the statute include a general power for the regulators to do anything which facilitates the proper discharge of their functions? PART 4: GOVERNANCE Question 4-1: Should the statute: (1) reform the existing structure to encourage Councils to become more board-like; and/or (2) reform the existing structure by establishing a statutory executive board consisting of the chief executive and senior directors; and/or (3) establish a unitary board structure which would move away from a two-tier approach based on a Council and officials? 235
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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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enable the regulators to deliver ma
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(3) a private hearing is necessary
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Question 9-16: Should the statute p
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and final sanction”. 63 We theref
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Question 9-22: Should the statute g
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found to be unfit to practise. 73 W
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Page 242 and 243: oute to UK registration. 30 The Gen
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Page 252 and 253: (5) the appointment of visitors and
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Page 266 and 267: (22) Licentiate in medicine and sur
Page 268 and 269: (68) Speech therapist NURSING AND M
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