Regulation of Health and Social Care Professionals Consultation

4.66 Moreover, it is not evident that a system of committees will always represent the
most efficient or effective way of organising a regulator’s governance structure.
Among other matters, committees may bind the organisation into a particular way
of managing business which is less flexible in adapting to changing needs. In
relation to some functions, systems of panels, reference groups or boards for
example may be more appropriate. We also think that the new legal framework
should enable regulators to minimise bureaucracy.
4.67 This is not to argue that regulators should be prohibited from establishing a
system of committees but merely that committees should be one of a range of
options for each regulator. In our provisional view, each Council should be able to
determine its own governance structure in accordance with its own needs and
circumstances and should not have a structure imposed in statute law. We
therefore provisionally propose that the regulators should be given broad rulemaking
powers to determine their own governance arrangements, including the
ability to establish committees.
4.68 The only exception to this approach is in relation to Fitness to Practise Panels.
This is discussed in Part 9.
4.69 The regulators would be able to set rules for committees or any other internal
bodies they establish, including their size and membership. We do not propose to
establish any restrictions on cross committee/panel membership, but the
regulators could if they wished to do so establish such rules. Again, the only
exception is in relation to Fitness to Practise Panels which is discussed in Part 9.
Provisional Proposal 4-9: The regulators should be given broad rule-making
powers to determine their own governance arrangements, including the ability
to establish committees if they wish to do so.
Provisional Proposal 4-10: The regulators should be able to make rules for
committees or any other internal groups it establishes, including their size
and membership.
POWERS OF DELEGATION
4.70 The scheme of delegation enables functions ascribed to the Council and the
Registrar under the governing legislation and associated rules to be undertaken
by committees and staff. Most of the Councils are given formal powers in their
legislation to delegate its functions to any of its committees (sometimes including
the non-statutory committees), although there is normally a prohibition on
delegating any power to make rules or regulations.
4.71 Some of the legislation also allows the Councils to delegate their functions to the
Registrar and/or any officer of the Council. In the case of the latter, this allows the
Council to by-pass the Registrar and delegate functions directly to staff members,
such as individual directors. Where the legislation confers functions directly on
the Registrar, they are normally given powers to delegate these functions to any
other members of staff.
66