SCHEDULES
SCHEDULE 3 Regulation of health care and associated professions
Matters generally within the scope of the Orders
1
An Order may make provision, in relation to any profession, for any of the following matters (among others)—
a
the establishment and continuance of a regulatory body,
b
keeping a register of members admitted to practice,
c
education and training before and after admission to practice,
d
privileges of members admitted to practice,
e
standards of conduct and performance,
f
discipline and fitness to practise,
g
investigation and enforcement by or on behalf of the regulatory body,
h
appeals,
j
default powers exercisable by a person other than the regulatory body.
F201A
An Order may make provision, in relation to any social care workers in England, for any of the following matters (among others)—
a
the establishment and continuance of a regulatory body,
b
the functions of the Health and Care Professions Council or of another regulatory body,
c
keeping registers of social care workers in England of any description,
d
privileges of registered persons,
e
education and training,
f
standards of conduct and performance,
g
discipline,
h
removal or suspension from registration or the imposition of conditions on registration,
i
investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory body,
j
appeals,
k
default powers exercisable by a person other than the Health and Care Professions Council or another regulatory body.
F211B
The provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of conduct and performance of members of a profession, or social care workers in England, carrying out the functions of an approved mental health professional.
F32Power to abolish regulatory bodies
1C
An Order may abolish a regulatory body if (and only if) the professions regulated by the body or social care workers in England regulated by it—
a
will continue to be regulated by one or more other regulatory bodies, or
b
are deregulated by provision made under section 60(1)(bza).
Manner of exercise of power
2
1
The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document.
2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.
4
The power may be exercised so as to make provision for the charging of fees.
5
The power may be exercised so as to—
a
confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers F2, a Northern Ireland department or the National Assembly for Wales, or
b
modify their functions.
6
The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.
Matters outside the scope of the Orders
7
F371
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F381A
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2
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54
An Order may not confer any additional powers of direction over F28the Professional Standards Authority for Health and Social Care.
8
1
Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person F35to exercise that function other than—
a
a regulatory body for—
i
a profession to which section 60(2) applies, or
ii
social care workers in England, or
b
the committees or officers of such a body.
2
The functions are—
a
keeping the register of members admitted to practice,
b
determining standards of education and training for admission to practice,
c
giving advice about standards of conduct and performance,
F6d
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F222ZA
Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person F36to exercise that function other than—
a
a regulatory body for—
i
a profession to which section 60(2) applies, or
ii
social care workers in England, or
b
the committees or officers of such a body.
2ZB
The functions are—
a
keeping the registers of social care workers in England of any description,
b
determining standards of education and training required as a condition of registration,
c
giving advice about standards of conduct and performance.
F72A
Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person F33to exercise that function other than—
a
a regulatory body for—
i
a profession to which section 60(2) applies, or
ii
social care workers in England, or
b
the committees or officers of such a body.
F342B
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F83
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Preliminary procedure for making Orders
9
1
If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first—
a
publish a draft of an Order, and
b
invite representations to be made to him about the draft by persons appearing to him appropriate to represent F9any professionF23or any social care workers in England to be regulated, persons appearing to him appropriate to represent those provided with services F10by any profession F24or any social care workers in England to be regulated and any other persons appearing to him appropriate to consult about the draft.
F111A
In the case of a draft Order which amends or repeals—
a
an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or
b
any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,
but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.
2
After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.
3
If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament F12and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence—
a
the Secretary of State’s duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and
b
sub-paragraph (4) shall apply instead of sub-paragraph (2).
4
After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.
Interpretation and application
10
In this Schedule—
F13“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984,
“enactment” means an enactment contained in, or in an instrument made under—
- a
an Act of Parliament,
- b
an Act of the Scottish Parliament,
- c
a Measure or Act of the National Assembly for Wales, or
- d
Northern Ireland legislation,
- a
“functions” includes powers and duties,
“medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,
“Order” means an Order in Council under section 60,
“regulatory body”, in relation to any profession F25or any social care workers in England, means the body (or main body) responsible for the regulation of the profession F26or the social care workers in England concerned,
F30“social care work in England” and “social care workers in England” have the meaning given by section 60.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I111
1
The powers conferred by section 60 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act).
2
References to regulation, in relation to a profession, in that section and this Schedule include—
a
the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession,
b
the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,
c
F272A
References in section 60 and this Schedule to regulation, in relation to social care workers in England, include—
a
the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England,
b
the regulation of activities carried on by persons who are not social care workers in England (or F31engaging in social work in England) but which are carried on in connection with social care work in England.
3
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2912
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Sch. 3 para. 1C and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 168(4)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)