Prospective

Article 48

SCHEDULE 2U.K.TRANSITIONAL PROVISIONS

The initial membership of the CouncilU.K.

1.  When first constituted, the membership of the Council shall be determined in accordance with the provisions of this Schedule.

The transitional periodsU.K.

2.  In this Schedule—

“the first transitional period” means the period beginning with the coming into force of article 3 and ending on the date of coming into force of the first order made by the Privy Council under article 6(1);

“the second transitional period” means the period beginning with the day after the coming into force of the first order made by the Privy Council under article 6(1) and ending on the second anniversary of that date, unless ended earlier by the Privy Council on a proposal received by it from the Council.

The MembersU.K.

3.—(1) During the transitional periods, the Council shall consist of—

(a)12 members appointed by the Privy Council (referred to in this Order as “practitioner members”);

(b)11 members who are appointed by the Privy Council (referred to in this Order as “lay members”); and

(c)12 members appointed by the Privy Council (referred to in this Order as “alternate members”).

(2) The Privy Council shall appoint an alternate member for each practitioner member.

(3) An alternate member has the same functions as a practitioner member but he may attend a Council meeting in his capacity as an alternate member and vote, only if his corresponding practitioner member is unable to do so.

(4) Following consultation of persons who appear to it to be representative of the professions to which this Order relates, the Privy Council shall appoint from among persons who are registered under the 1960 Act, or, if section 2 has been repealed, who were so registered immediately before that provision was repealed, one practitioner member from each of the professions regulated under the 1960 Act as at 1st April 2001.

(5) No person may be appointed as a practitioner member while he is the subject of fitness to practise investigations or proceedings whether under this Order or under the 1960 Act.

(6) Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or any of the register kept under the 1960 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.

(7) The number of practitioner members shall constitute no less than half the total number of members but shall not exceed the number of lay members by more than one.

(8) The members shall live or work wholly or mainly in the United Kingdom.

(9) There shall be at least one practitioner member and one alternate member from each part of the register, and the number of practitioner and alternate members from each part shall be equal.

(10) In respect of—

(a)the practitioner and alternate members; and

(b)the lay members,

at least one member shall be appointed from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Tenure of membersU.K.

4.  Unless he resigns or is removed in such circumstances as are set out in paragraph 9(2) of Schedule 1, each member shall hold office until the end of the second transitional period.

5.  Where a member ceases to be a member, the Privy Council may replace him and the successor’s term of office shall begin with the day after that on which the member ceases to be a member and end at the end of the second transitional period.

6.  The Privy Council shall determine the duration, which may not exceed four years, of the first term of office for members whose appointments take effect on the ending of the second transitional period and shall ensure that—

(a)the terms of office of equal proportions of registrant and lay members, being one quarter (or the nearest whole even number above one quarter) of the Council membership, expire at the end of one, two and three years respectively beginning with the day after the end of the second transitional period; and

(b)the terms of office of the remaining members expire at the end of four years beginning with the day after the end of the second transitional period.

Election SchemeU.K.

7.  The Council shall provide in rules for an election scheme in accordance with the provisions of paragraph 2 of Part I of Schedule 1 to this Order no later than six months before the end of the second transitional period.

Appointment of first PresidentU.K.

8.  The first President of the Council shall be appointed by the Privy Council from among the members of the Council.

9.  Where the President is a practitioner member, the Privy Council shall in addition to the practitioner members appointed under paragraph 3(1)(a) appoint one from the same profession as the President, and shall appoint one lay member in addition to those appointed under paragraph 3(1)(b).

The registerU.K.

10.  During the first transitional period, the Council shall make—

(a)proposals to the Privy Council for an order to be made under article 6(1);

(b)rules under articles 5 and 7 and such other rules as are necessary for the proper operation of the register.

11.  Until such date as the first order under article 6(1) is and the rules referred to in paragraph 10 are in force (“the appointed day”) the Council shall—

(a)perform the functions of maintaining the registers under section 2 of the 1960 Act, and

(b)determine applications under section 3 of the 1960 Act,

and if those provisions have been repealed, shall act under sub-paragraphs (a) and (b) as if they remained in force and as if references in that Act or subordinate legislation made under it to the Council for the Professions Supplementary to Medicine (the “CPSM”) or to a board were to the Council.

12.  Where on the appointed day there are outstanding applications for—

(a)registration;

(b)renewal of registration;

(c)the recording of additional qualifications;

(d)any entry in the register to be made, altered or restored,

the Council shall dispose of the application in accordance with the provisions of the 1960 Act, as if those provisions were still in force, or in such other manner as it considers just.

13.  The entries in the register kept under the 1960 Act may be transferred to the register in accordance with articles 5 and 6 but, where the home address of a person registered under the 1960 Act appears in the register kept under that Act and the entry for that person is transferred to the register, his home address shall not be published in the register without the consent of that person.

The RegistrarU.K.

14.  The first Registrar may be appointed by the Secretary of State, and shall otherwise be appointed by the Council, on such terms and conditions as the body appointing him sees fit.

15.  If the first Registrar ceases to hold office before a Registrar is appointed under article 4, the Secretary of State or the Council, as the case may be, may appoint a replacement.

Functions of the Council during the transitional periodU.K.

16.—(1) During the transitional periods and subject to any contrary provision in this Order, the Council shall, until the relevant provisions of this Order and subordinate legislation made under it come into force, exercise the functions of the CPSM and the boards under the 1960 Act and subordinate legislation made under that Act with such modifications as necessary and as if references to the CPSM and boards were to the Council.

(2) If the relevant provision has been repealed, it shall be treated for the purposes of sub-paragraph (1) as if it remained in force.

Fitness to practise proceedingsU.K.

17.—(1) Until relevant rules under Part V come into force—

(a)where disciplinary proceedings—

(i)are pending before any of the committees referred to in section 8 of the 1960 Act; or

(ii)have begun but the committee dealing with the case has not communicated its decision to the person who is the subject of the proceedings,

that committee shall refer the proceedings to the Council and the Council shall dispose of the matter in accordance with the 1960 Act or, if the relevant provisions have been repealed, as if those provisions remained in force or in such manner as it considers just;

(b)where an allegation is received by the Council it shall dispose of the matter as if the 1960 Act remained in force; and in both cases

(c)references in the 1960 Act to the CPSM, the boards and their committees are to be treated as references to the Council.

18.  An appeal—

(a)under section 3(3) or 9 of the 1960 Act which is pending or proceeding before the CPSM or Her Majesty in Council, as the case may be, on the date on which that section is repealed; or

(b)which is received by the Council before the relevant appeal provisions in the rules referred to in paragraph 17 are in force,

shall be dealt with as if that section remained in force.

Transfer of staff and propertyU.K.

19.  The Privy Council may by order make provision—

(a)enabling persons who, when paragraph 3(1) of this Order (creation of Council) comes into force, hold office as members or staff of the CPSM or its boards, to continue to hold office until those bodies are dissolved;

(b)authorising the CPSM to make grants or loans to any person in connection with the implementation or preparations for the implementation of the Order.

20.—(1) The Privy Council may by order provide for the transfer from the old to the new employer of any—

(a)eligible employee;

(b)property, rights and liabilities.

(2) In this paragraph—

(a)“the new employer” means the Council;

(b)“the old employer” means the CPSM;

(c)“an eligible employee” means a person who is employed under a contract of employment with the old employer; and

(d)“property” includes rights and interests of any description.

21.  An order mentioned in paragraph 20(1)(a) may be made by the Privy Council only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.

22.  Such an order may apply to all, or any description of, employees or to any individual employee.

23.—(1) The contract of employment of an employee transferred under an order made under paragraph 20(1)(a)—

(a)is not terminated by the transfer; and

(b)has effect from the date of the transfer as if originally made between the employee and the transferee.

(2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred under an order mentioned in that sub-paragraph—

(a)all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are, by virtue of this paragraph, transferred to the transferee on the date of the transfer; and

(b)anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(3) Sub-paragraphs (2)(a) and (b) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.

(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of the transfer, but he is not to be treated for any purpose as having been dismissed by that employer.

(5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

(6) In this paragraph—

“the date of the transfer” means the date of the transfer determined under an order made under paragraph 20 in relation to the employee; and

“the transferee” means the new employer to whom the employee is or would be transferred under that order.

24.  Certificates of competence issued by a board to a professional on a register kept under section 2 of the 1960 Act, including those issued by the chiropodists' board for the purposes of the Prescription Only Medicines (Human Use) Order 1997(1) shall continue to have effect until the date on which they are due to expire or until replaced by the Council whichever is earlier.