Regulation of Health and Social Care Professionals Consultation

(3) to set requirements by reference to which registrants must demonstrate
that their fitness to practise is not impaired;
(4) to promote the safe and effective practice of pharmacy;
(5) to set standards and requirements in respect of the education, training,
acquisition of experience and continuing professional development that
are necessary to achieve in order to be entered in the register and to
maintain competence; and
(6) to ensure the continued fitness to practise of registrants. 23
3.32 Some regulators are required, when exercising their principal functions, to:
(1) have proper regard for the interests of service users and any differing
interests of different categories of registrants; and
(2) co-operate, in so far as is appropriate and reasonably practicable, with
public bodies or other persons concerned with employment, education,
regulation and service provision. 24
3.33 In addition to its general functions, the General Optical Council is given a power
“to do anything which in their opinion is calculated to facilitate the proper
discharge of their functions”. 25 Although in practice this general power is
restricted by the more specific provisions of the Opticians Act 1989, which for
example specify statutory committees that must be established and set out
precisely what rules must be prescribed.
Provisional view
3.34 The meaning and utility of general functions varies across the legislation. In some
cases, general functions are merely descriptive statements of powers which are
provided for elsewhere in the legislation, such as establishing and maintaining a
register. We think it is unnecessary for statute law to include such statements
3.35 In other cases, general functions are used to describe an aim or objective for a
specific function; for example, promoting high standards of professional training.
These provisions appear to be useful legal provisions which empower the
regulators to do almost anything they consider likely to achieve this objective
(except if it is expressly prohibited or restricted in law). The specific powers and
duties detailed elsewhere in the legislation are merely particular manifestations of
this general duty. These types of general duties are performing therefore a proper
legal role. However, it is unclear why one particular function of the regulator
(normally in relation to education and training) is identified as the general or
principle function above all the others.
23 Pharmacy Order 2010, SI 2010 No 231, art 4(3).
24 See, Pharmacy Order 2010, SI 2010 No 231, art 6(2), Health Professions Order 2001, SI
2002 No 254, art 3(5) and Nursing and Midwifery Order 2001, SI 2002 No 254, art 3(5).
25 Opticians Act 1989, sch 1 para 11.
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