This Order may be cited as the Health Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2004 and shall come into force on 18th October 2004.

THE HEALTH PROFESSIONS COUNCIL (REGISTRATION AND FEES) (AMENDMENT) RULES 2004

The Health Professions Council, in exercise of its powers under articles 7(1), 7(2), 33(7) and 41(2) of the Health Professions Order 2001(2) and of all other powers enabling it in that behalf and following consultation in accordance with articles 7(1), 7(3) and 41(3) of that Order, hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Health Professions Council (Registration and Fees) (Amendment) Rules 2004 and shall come into force on 18th October 2004.

Interpretation

2.  In these Rules “the principal Rules” means the Health Professions Council (Registration and Fees) Rules 2003(3).

Amendments to the principal Rules

3.—(1) In rule 4 of the principal Rules (application for registration)—

(a)in paragraph (1), at the beginning insert “Subject to paragraph (1A),”;

(b)in paragraph (1)(c)(ii), for “article 12(1)(c)” substitute “article 12(1)(b) or (c)”; and

(c)after paragraph (1) insert—

“(1A) The Registrar may accept an application for registration which is not made in accordance with paragraphs (1)(a) and (b) if the applicant has—

(a)submitted by electronic means to the Registrar the information which he would be required to provide if the application was submitted in writing on the form specified in Schedule 1 and has included with that information an attestation as to its accuracy; and

(b)complied with all of the other requirements of this rule which apply to him.”.

(2) In rule 10 of the principal Rules (registration period)—

(a)in paragraph (3), for “in the second calendar year after the year in which he was so registered on” substitute “on the next occurrence of”;

(b)in paragraph (4)—

(i)leave out “as determined in accordance with paragraph (2) or (3)”, and

(ii)for “be of two years duration” substitute “end on the next occurrence of the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered”; and

(c)in paragraph (5), for “in the second calendar year after the year in which he was readmitted or restored on” substitute “on the next occurrence of”.

(3) After rule 16 of the principal Rules (restoration fee) insert—

“Reduced Fees

16A.—(1) A person whose registration period, as determined in accordance with rule 10(3) or (5), is not more than one year shall only be liable to pay half the registration fee, readmission fee or restoration fee which he would otherwise be liable to pay under rule 14, 15 or 16 in respect of that registration period.

(2) The Council may—

(a)waive payment of or reduce any fee or part of a fee otherwise payable under these Rules; or

(b)refund the whole or part of any fee paid under these Rules.”.

(4) In rule 17 of the principal Rules (scrutiny fee) for “article 12(1)(c)” substitute “article 12(1)(b) or (c)”.

(5) For Schedule 1 to the principal Rules (application form for admission to the register) substitute the Schedule 1 set out in Schedule 1 to these Rules.

(6) For Schedule 5 to the principal Rules (registration period) substitute the Schedule 5 set out in Schedule 2 to these Rules.

Rule 3(5)

SCHEDULE 1

Rule 4(1)(a)

“SCHEDULE 1APPLICATION FORM FOR ADMISSION TO THE REGISTER

Rule 3(6)

SCHEDULE 2

Rule 10(3) to (5)

“SCHEDULE 5REGISTRATION PERIOD

Explanatory Note

(This note is not part of the Order)

This Order, which is made under the Health Professions Order 2001 (“the Order”), approves Rules made by the Health Professions Council which amend the Health Professions Council (Registration and Fees) Rules 2003 (as Scheduled to S.I. 2003/1572). They provide for an application for registration to be made electronically. Secondly, they amend the way in which a registration period is calculated. Thirdly, they provide for a scrutiny fee to be paid by an applicant relying on article 12(1)(b) of the Order (EEA nationals who have qualifications to which the European Communities (Recognition of Professional Qualifications) Regulations 1991 or the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996)). Fourthly, they provide for a reduced fee to be paid in specified circumstances and give the Council a discretion to waive or reduce any fee or part of any fee and to refund the whole or any part of a fee paid under the Rules. Finally, they make minor amendments to the application form for admission to the register.