Regulation of Health and Social Care Professionals Consultation

4.30 A regulator not included in table 4 above is the General Social Care Council
where different composition rules apply. The General Council consists of a
chairman and not more than 24 members. A majority of the Council must be lay
members and the quorum for meetings is one third of members. 16 The position of
the Pharmaceutical Society of Northern Ireland is discussed below.
4.31 At most Councils, a registrant member is defined in statute law as any person
entered into the register of that particular regulatory body. Lay members are
defined as members who are not and have never been registered and do not
hold qualifications which would entitle them to be registered. However, some of
the regulators have adopted alternative definitions. The General Pharmaceutical
Council’s definition of a lay member is any person who is not and has never been
entered in the register of any regulatory body. 17 The General Social Care Council
has adopted a narrower definition of lay members as people who are not, and
have not within 12 months of their appointment, been social workers or involved
in the training, education, appointment, employment, supply, supervision,
monitoring or representation of social workers. 18
Appointment of Council members
4.32 In the past, the majority of Council seats were elected by registrants thus giving
rise to a perception that the interests of the public were being given less weight
than those of the profession. 19 In order to address this perception the Health and
Social Care Act 2008 gave the Privy Council powers to appoint Council members
(with the exception of the General Social Care Council and Pharmaceutical
Society of Northern Ireland).
4.33 In addition to appointing Council members, the Privy Council was also given
powers to appoint chairs. The only exceptions are the General Dental Council
and General Medical Council where the chairs are elected from within the
General Council. The Government has announced recently its intention to move
both to a system of appointed chairs (subject to consultation). 20
4.34 At present, the Privy Council’s appointments functions are delegated to the
Appointments Commission by means of directions made under the Health Act
2006. Before the Privy Council gives such a direction, it must consult the relevant
Council. 21 The Health and Social Care Bill 2011 proposes to abolish the
Appointments Commission and amend the NHS Reform and Health Professions
Act 2002 to empower the Privy Council to make arrangements with others
(including the regulator in question, the Council for Healthcare Regulatory
16 General Social Care Council (Appointments and Procedure) Regulations 2001, SI 2001 No
1744, art 2 and sch, para 4 and General Pharmaceutical Council (Constitution) Order
2010, SI 2010 No 300, art 2.
17 Pharmacy Order 2010, SI 2010 No 231, sch 1 para 1(1)(b).
18
General Social Care Council (Appointments and Procedure) Regulations 2001, SI 2001 No
1744, art 2.
19
Trust, Assurance and Safety – The Regulation of Health Professionals in the 21 Century
(2007) Cm 7013, para 1.16.
20
Department of Health, Proposed Government Response to CHRE’s Report ‘Board Size
and Effectiveness’ (2011) (letter).
21 See, for example, Nursing and Midwifery Order 2001, SI 2002 No 253, sch 1 para 1A(4).
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