Regulation of Health and Social Care Professionals Consultation

Provisional Proposal 2-18: The Government should be given powers to take
over a regulator which is failing to carry out its functions.
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.
DEVOLVED RESPONSIBILITIES
Scotland
2.108 As we explained in Part 1, whether the Scottish Parliament should retain its
current legislative competence in relation to professional regulation is a matter of
controversy; and where responsibility should lie is not part of our project. If the
current proposals in the Scotland Bill 2010 are not enacted, therefore, it is
important to carry forward the current powers of the Scottish Parliament into our
proposed new system.
2.109 Our proposals would not affect the Scotland Act 1998, and accordingly the
Scottish Parliament would continue to have legislative competence in relation to
operating department practitioners, practitioner psychologists, dental nurses,
dental technicians, clinical dental technicians, orthodontic therapists, and
pharmacy technicians. Importantly, the Scottish Parliament would also have
legislative competence in relation to new groups brought into professional
regulation.
2.110 We do, however, propose the repeal of section 60 of the Health Act 1999, the
principal modern tool for legislation on healthcare professional regulation. Where
a section 60 order is to be made in respect of a profession for which the Scottish
Parliament has legislative competence, it must be consulted on by Scottish
Ministers and laid before the Scottish Parliament as well as the UK Parliament.
2.111 We propose above the replacement of section 60 with a broadly comparable
power. It is therefore necessary to preserve the existing powers of the Scottish
Parliament under section 60 in the context of this proposed replacement. On the
assumption that the Scotland Bill 2010 does not become law, therefore, we
provisionally propose that the replacement power should contain provisions
equivalent to those in section 60.
The Pharmaceutical Society of Northern Ireland
2.112 The Pharmaceutical Society of Northern Ireland is responsible for the regulation
of the pharmacy profession in Northern Ireland. It was created in 1925 by the
Pharmacy and Poisons Act (Northern Ireland) 1925 and derives most of its
present legal powers from the Pharmacy (Northern Ireland) Order 1976. The
Society maintains a register of approximately 2000 pharmacists and 500
pharmacy premises in Northern Ireland. 60
2.113 The Society is different from the other professional regulators in several ways.
First, the functions of the Society include both regulation and professional
60 Pharmaceutical Society of Northern Ireland, Annual Report and Accounts 2010/11 (2011).
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