Regulation of Health and Social Care Professionals Consultation

PART 3
MAIN DUTY AND GENERAL FUNCTIONS OF
THE REGULATORS
3.1 One of the distinguishing features of the legal framework for health and social
care professional regulation is that each of the various statutes and orders
attempts to set a clear overall purpose for the regulator in question. This is
despite significant variation in the content of the legislation (see Part 2). The
legislation does this by setting a main duty for the regulator in question and
general functions. This Part considers the main duties and general functions of
the regulators, and how they should be provided for in our proposed statute.
THE MAIN DUTY
3.2 In most cases, the governing legislation specifies a main duty or objective for the
regulator when exercising its functions. Although the precise form of wording
varies, this duty will normally require the regulator to “protect, promote and
maintain the health and safety of the public” and/or those needing the services of
registrants. 1 This is referred to as the public protection duty.
3.3 However, the public protection duty is not stated expressly in all the legislation.
Most notably the Chiropractors Act 1994 and Osteopaths Act 1993 do not set out
such a duty and instead provide that the main duty of the regulator in question is
to “regulate and develop the profession”. 2 Furthermore, the statutory objectives
for the Pharmaceutical Society of Northern Ireland include advancing chemistry
and pharmacy and promoting the interests of its members, reflecting the wider
remit of the Society compared to the other regulators. 3
3.4 Appendix B lists the main duty for each regulator and the Council for Regulatory
Healthcare Excellence. The only regulator that does not have a main duty or
objective is the General Dental Council. Instead the Dentists Act 1984 describes
a number of matters that the Council must take into account when exercising its
functions. 4 These types of legal provisions are discussed in more detail below.
3.5 In 2008, the Department of Health proposed to introduce a single main duty for all
the UK health care regulators. The following form of words was put forward for
consultation:
The main objective of the General Council in exercising such of its
functions as affect the health, safety or well-being of members of the
public is to protect, promote and maintain the health, safety and wellbeing
of members of the public, and in particular of those members of
the public who use or need the services of fully registered or
1 For example, Medical Act 1983, s 1A and Opticians Act 1989, s 2A.
2 Chiropractors Act 1994, s 1(2) and Osteopaths Act 1993, s 1.
3 Pharmacy (Northern Ireland) Order 1976, SI 1976 No 1213, art 3(3).
4 Dentists Act 1984, s 1(1A) and (2).
42