Regulation of Health and Social Care Professionals Consultation

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The default powers of the Privy Council 36 Devolved responsibilities 38 Implementation issues 40 PART 3: MAIN DUTY AND GENERAL FUNCTIONS OF THE REGULATORS 42 The main duty 42 General and principal functions 48 PART 4: GOVERNANCE 52 Strategic role of the General Council 52 Status of the Councils 55 Constitution of the Councils 56 Council committees 63 Powers of delegation 66 PART 5: REGISTERS 68 The purpose of a register 68 Responsibility for maintaining the register 70 Types of registers 72 Types of registration 77 Requirements for registration 78 Processing of registration applications 83 Registration appeals 85 Publication and upkeep of the registers 86 Restoration to the register 89 Content of the registers 91 Protected titles and functions 95 vi
PART 6: EDUCATION, CONDUCT AND PRACTICE 99 Overlapping responsibilities 99 Education 102 Guidance 111 Ongoing standards of practice 117 PART 7: FITNESS TO PRACTISE: IMPAIRMENT 121 The fact finding stage 121 The fitness to practise findings 126 Options for reform 127 Provisional view 132 PART 8: FITNESS TO PRACTISE: INVESTIGATION 134 Allegations 134 Initial consideration 139 Investigation 142 Threshold test 148 Disposal of cases 149 Mediation 153 Reviews 155 PART 9: FITNESS TO PRACTISE: ADJUDICATION 158 Article 6 compliance 158 The separation of investigation and adjudication 160 Case management 164 Composition of Panels 165 Conduct of hearings 169 Interim Orders 176 Final sanctions and other disposals 180 vii
Page 1: Law Commission Scottish Law Commiss
Page 4 and 5: CODE OF PRACTICE ON CONSULTATION Th
Page 8 and 9: Review hearings 187 Should regulato
Page 10 and 11: FOREWORD BY THE CHAIRMEN OF THE LAW
Page 12 and 13: TABLE OF ABBREVIATIONS CHRE Council
Page 14 and 15: approval imposes burdens on the Dep
Page 16 and 17: 1.14 Second, recent times have witn
Page 18 and 19: constrain the costs of the current
Page 20 and 21: 1.26 The regulation of social care
Page 22 and 23: 1.34 We will be undertaking a wide
Page 24 and 25: on several occasions. 4 2.3 There a
Page 26 and 27: workers), some are largely self-emp
Page 28 and 29: (2) to guarantee minimum procedural
Page 30 and 31: (8) the instrument is scrutinised b
Page 32 and 33: subject to scrutiny by the Joint Co
Page 34 and 35: PUBLIC CONSULTATION 2.37 Consultati
Page 36 and 37: (1) that which is binding (such as
Page 38 and 39: 2.54 The role of the Privy Council
Page 40 and 41: Parliament”. 34 It is likely that
Page 42 and 43: (1) a report on the exercise of its
Page 44 and 45: earlier in this Part, Orders in Cou
Page 46 and 47: 2.87 But the retention of section 6
Page 48 and 49: safety and well-being of the public
Page 50 and 51: Provisional Proposal 2-18: The Gove
Page 52 and 53: 2.119 But we also consider it impor
Page 54 and 55: PART 3 MAIN DUTY AND GENERAL FUNCTI
Page 56 and 57:
asset”. 10 The courts have also r
Page 58 and 59:
practise is impaired. Thus, in maki
Page 60 and 61:
interests of its members. Under our
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3.36 In our view, the need for gene
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PART 4 GOVERNANCE 4.1 All of the re
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egulators would be placed directly
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powers to investigate and intervene
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4.30 A regulator not included in ta
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Education and training 4.39 Most co
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must be lay or that there should be
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4.57 The General Medical Council ha
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4.66 Moreover, it is not evident th
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PART 5 REGISTERS 5.1 A key statutor
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5.9 However, the significance of re
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5.18 In effect, statutory powers wo
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5.25 Finally, a small number of the
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Voluntary registers 5.33 Our provis
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Council may register a person (or g
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through negligence on the part of a
Page 94 and 95:
5.61 We propose that the statute sh
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communicated, which have no formal
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the statute should impose the same
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5.90 In some cases, the right to ap
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not complied with continuing profes
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could be made to provide better inf
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and provide links to information ab
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which practitioners have undertaken
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the Government in its guidance to d
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eing met by the local education pro
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6.13 Second, our legal framework wo
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Medical Council must satisfy the re
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6.31 The Health Professions Council
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(1) which qualifications are approv
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6.48 Finally, there are a number of
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Good Medical Practice which covers
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and other optical appliances, such
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6.72 We also believe that the new l
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looked at in detail only when conce
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professionals to remain registered
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Misconduct 7.6 Most of the governin
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(1) an order under section 246(2) o
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THE FITNESS TO PRACTISE FINDINGS 7.
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Option 2: consolidation of the exis
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(a) has in the past acted and/or is
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that many of the regulators have de
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PART 8 FITNESS TO PRACTISE: INVESTI
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language is not English. 7 However,
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of working around their legislative
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8.22 Some of the regulators, such a
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undertake this task, for example, i
Page 156 and 157:
Assessments 8.37 Most regulators ha
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(1) an Investigation Committee whic
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THRESHOLD TEST 8.52 Having undertak
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egulators accept undertakings given
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hearings or other safeguards, espec
Page 166 and 167:
epeated. Second, following an inves
Page 168 and 169:
Provisional view 8.84 The current p
Page 170 and 171:
PART 9 FITNESS TO PRACTISE: ADJUDIC
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of the individual circumstances of
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practise process to be considered i
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to set up and the new arrangements
Page 178 and 179:
oversee their Panel appointment pro
Page 180 and 181:
the regulators to ensure that Panel
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9.50 For most regulators the fitnes
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enable the regulators to deliver ma
Page 186 and 187:
(3) a private hearing is necessary
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Question 9-16: Should the statute p
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and final sanction”. 63 We theref
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Question 9-22: Should the statute g
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found to be unfit to practise. 73 W
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accountable, consistent, transparen
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above. The Council for Healthcare R
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Provisional Proposal 9-32: The stat
Page 202 and 203:
that the sanction is clearly inappr
Page 204 and 205:
away from self-regulation in health
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may appoint employees and has a wid
Page 208 and 209:
Provisional Proposal 10-3: Appointm
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general functions should be retaine
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the imposition of a relevant sancti
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independence of the new Medical Pra
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11.5 However, it may be that the co
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Act 1972. For example, the Medicine
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is fit to carry on such a business
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extend to all businesses or to all
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Council and Care Quality Commission
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in the 2011 White Paper Enabling Ex
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12.13 The Council for Healthcare Re
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12.23 We welcome views on the examp
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places a general duty to cooperate
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equired to give due consideration t
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professions are not subject to the
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attach to systemic failures to impl
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Order 1976. The definition of the U
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oute to UK registration. 30 The Gen
Page 244 and 245:
13.39 The potential advantages of t
Page 246 and 247:
(6) professional bodies that repres
Page 248 and 249:
Provisional Proposal 4-2: The statu
Page 250 and 251:
Page 252 and 253:
(5) the appointment of visitors and
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Provisional Proposal 8-13: The powe
Page 256 and 257:
Page 258 and 259:
Provisional Proposal 10-3: Appointm
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PART 13: CROSS BORDER ISSUES Provis
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GENERAL SOCIAL CARE COUNCIL It shal
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(8) Standards Committee GENERAL OST
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(22) Licentiate in medicine and sur
Page 268 and 269:
(68) Speech therapist NURSING AND M
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