Regulation of Health and Social Care Professionals Consultation

interests of its members. Under our proposed duty, the regulators would be able
to undertake tasks aimed at, for example, developing the profession only where
this is in accordance with the paramount duty.
Question 3-1: Should the statute specify the paramount duty of the regulators
and the Council for Healthcare Regulatory Excellence is to: (1) protect,
promote and maintain the health, safety and well-being 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?
GENERAL AND PRINCIPAL FUNCTIONS
3.28 All of the regulators are given broadly the same statutory functions of registration,
setting standards for education, conduct and practice, and ensuring fitness to
practise. The governing legislation gives the regulators specific powers and
duties to undertake each of these functions.
3.29 In addition, the legislation often contains a declaratory statement of the
regulator’s general or principal function(s). This is normally stated at the
beginning of the legislation following (and sometimes before) the main duty. In
most cases the general function of the regulator relates specifically to their role in
relation to education and professional conduct. For example:
(1) the General Medical Council has the general function of promoting high
standards of medical education and co-ordinating all stages of medical
education; 19 and
(2) the General Optical Council’s general function is to promote high
standards of professional education, conduct and performance among
registrants. 20
3.30 At the General Chiropractic Council and General Osteopathic Council, the
general duty is placed on the Education Committee in question rather than the
General Council. 21 The General Dental Council is not placed under a general
duty but rather is required to have a “general concern” to promote high standards
of education and professional conduct, performance and practice. 22
3.31 Some of the governing legislation identifies several general or principal functions
for the regulator in question. For example, the Pharmacy Order 2010 lists the
following seven principal functions for the General Pharmaceutical Council:
(1) to establish and maintain a register;
(2) to set and promote standards for safe and effective practice;
19
Medical Act 1983, s 5(1).
20
Opticians Act 1989, s 1(2).
21
Chiropractors Act 1994, s 11.
22
Dentists Act 1984, s 1(2).
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