Regulation of Health and Social Care Professionals Consultation

legislation which caused some problems, for example with different criteria being
applied to fitness to practise decisions and some forms of sanctions not being
available under the old regime. Other transitional issues included dealing with the
renewal of suspensions which were in place during the changeover and the reregistration
of practitioners who had conditions placed on their practice under the
old regime.
2.123 The General Pharmaceutical Council faced a similar situation when it inherited
the legacy cases from the Royal Pharmaceutical Society of Great Britain.
However, the difficulties were alleviated to some extent by the provisions of the
Pharmacy Order 2010 which enabled the General Pharmaceutical Council to deal
with such cases in a manner it considers “just”. 67 As of September 2011, the
Council was on target to dispose of 589 legacy cases within 15 months, instead
of the initial projection of four years. 68
2.124 A further potential difficulty relates to the repeal/revocation (or amendment) of
existing legislation in Acts, Orders in Council or other statutory instruments as a
consequential part of setting up the new rules for each profession. There are
likely to be resource implications if the regulators are expected or required to start
with new rules and it may be necessary to consider a transitory or transitional
device pending completion of the change to the new system. Alternatively, it
might be possible for the regulators to leave some of the existing laws in place.
These issues will need to be explored further with Parliamentary Counsel, but at
this stage we welcome views on the practical difficulties that are likely to arise. 69
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?
67
Pharmacy Order 2010, SI 2010 No 231, sch 5, para 12(2)(b).
68
General Pharmaceutical Council, Just Disposal of Legacy Cases Guidance (2010).
69 See Davies t/a All Stars Nursery v Scottish Commission for the Regulation of Care [2012]
CSIH 7 for an example of the difficulties caused by transitional provisions.
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