Regulation of Health and Social Care Professionals Consultation

Excellence or a third party such as a recruitment agency) to assist it in making
appointments to the regulatory bodies. 22 The intention is that in the short term the
Privy Council will delegate the process of administering appointments to the
regulators, with formal responsibility for actually making appointments remaining
with the Privy Council.
4.35 The Council for Healthcare Regulatory Excellence has been given responsibility
for providing the regulatory bodies with guidance on good practice in appointment
processes, “stressing the need for an independent mechanism”, and working with
the regulators to agree common standards. The Council will also be expected to
provide “appropriate assurance that good practice in the appointments process
has been followed” before the Privy Council makes the appointment. Longer-term
options for appointments to Councils are being considered by the Government
through deliberations with the devolved administrations, the Privy Council, the
regulators, the Council for Healthcare Regulatory Excellence and others. 23
4.36 The governing legislation also provides for appointment of Council members by
country. For example, the Privy Council must ensure that at least one of the
members of the General Pharmaceutical Council lives or works wholly or mainly
in each of England, Scotland and Wales. 24 In most cases the constitution orders
specify that the duration of membership shall be determined by the Privy Council
upon appointment and that the maximum duration of membership is an
aggregate of eight years during any period of 20 years.
Disqualification and removal from office
4.37 In most cases the governing legislation requires a constitution order to include
the grounds on which persons are disqualified from appointment and the
circumstances in which members cease to hold office or may be removed or
suspended from office. The majority of orders provide that a person can be
disqualified from appointment as a member for reasons such as being convicted
of a crime involving dishonesty and deception and the conviction is not spent,
being removed from the office of charity trustee, being adjudged bankrupt and
where there has been a finding of impaired fitness to practise.
4.38 As a result of the Health and Social Care Act 2008, the function of suspension
and removal of Council members has been taken away from the Councils and
given to the Privy Council (which may delegate this role to the Appointments
Commission). The triggers for Privy Council action are detailed in the constitution
orders and include reasons that often correspond to the grounds on which
persons are disqualified from appointment as members and other reasons such
as unsatisfactory attendance and adverse health. There are, however, provisions
which allow the Councils to suspend a member provisionally, pending the taking
of a decision by the Privy Council.
22 Health and Social Care Bill 2011, cl 211.
23 Department of Health, Enabling Excellence: Autonomy and Accountability for Healthcare
Workers, Social Workers and Social Care Workers: Analytical Strategy for the Command
Paper (2011) paras 28 to 31.
24 Pharmacy Order 2010, SI 2010 No 231, sch 1, para 1(3).
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