Regulation of Health and Social Care Professionals Consultation

earlier in this Part, Orders in Council differ from Orders of Council since they
must be approved by the Queen.
2.79 A section 60 order may make provision, in relation to any of the regulated
professions, for a number of matters including the following:
(1) the establishment and continuance of a regulatory body;
(2) the keeping of a register of members admitted to practise;
(3) the education and training before and after admission to practise;
(4) the privileges of members admitted to practise;
(5) standards of conduct and performance;
(6) discipline and fitness to practise;
(7) investigation and enforcement by or on behalf of the regulatory body;
(8) appeals; and
(9) the default powers exercisable by a person other than the regulator. 44
2.80 However, the section 60 order procedure cannot be used to abolish any existing
regulatory body within the remit of the Council for Healthcare Regulatory
Excellence, and may not impose any requirement that would have the effect of
excluding a majority of the members from the register. The procedure cannot also
be used to remove any function of any existing regulatory body. 45
2.81 Over the last 10 years 18 such orders have been made. These include the
section 60 orders which established the General Pharmaceutical Council and the
Health Professions Council, and those which have extended statutory regulation
to new professional groups. 46 Many of the proposals for section 60 orders are
initiated by the regulators themselves and are aimed at modernising and
improving their legal framework, for example by abolishing certain statutory
committees, establishing powers of delegation, amending the requirements for
registration and enabling detailed fitness to practise rules to be made. 47
2.82 The formal process for a section 60 order is as follows:
(1) the Secretary of State must publish a draft and invite representations
from representatives of any profession to be regulated and service users,
and any other persons appropriate to consult about the draft;
44 Health Act 1999, sch 3, para 1.
45 As above, para 7.
46 For example, Health Professions (Hearing Aid Dispensers) Order 2010, SI 2010 No 233.
47 For example, Medical Act 1983 (Amendment) Order 2002, SI 2002 No 3135.
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