The Health Care and Associated Professions (Knowledge of English) Order 2015

Made: 19th March 2015

Coming into force in accordance with article 1(2) to (4)

At the Court at Buckingham Palace, the 19th day of March 2015Present,The Queen’s Most Excellent Majesty in Council

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order in Council.

PART 1 — General

Citation, commencement and extent

1

• (1) This Order may be cited as the Health Care and Associated Professions (Knowledge of English) Order 2015.

• (2) This Part comes into force on the day after the day on which this Order is made.

• (3) Except as provided for in paragraph (2), this Order comes into force on such days as the Privy Council may by order appoint.

• (4) Different days may be appointed under paragraph (3) for different purposes.

• (5) Where this Order amends other legislation, those amendments have the same extent as the legislation being amended.

Transitional, transitory and saving provisions

2

• (1) In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.

• (2) The power to make an order under paragraph (1) may be exercised—

• (a) so as to make different provision—

• (i) with respect to different cases or different classes of cases, or

• (ii) in respect of the same case or class of case for different purposes;

• (b) in relation to all cases to which the power extends or in relation to those cases subject to specified exceptions; or

• (c) so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.

Privy Council procedures and legislative procedures

3

• (1) Any power vested in the Privy Council to make an order under this Part may be exercised by any two or more members of the Privy Council.

• (2) Any power of the Privy Council to make an order under this Part is exercisable by statutory instrument, and for the purposes of section 1 of the Statutory Instruments Act 1946[^f00002] (definition of “Statutory Instrument”), any power of the Privy Council to make an order under this Part is to be taken to be conferred by an Act of Parliament.

• (3) An order made (wholly or partly) under article 1 is subject to annulment by resolution of either House of Parliament.

• (4) Before making an order under article 1(3) that brings into force measures relating to the regulation of health care professionals, the Privy Council must, in so far as those measures apply in Northern Ireland, obtain the agreement of the Department for Health, Social Services and Public Safety to the making of the order.

• (5) Before making an order under this Part that brings into force measures relating to the regulation of dental care professionals or pharmacy technicians, the Privy Council must, in so far as those measures apply in Scotland, consult the Scottish Ministers.

• (6) Any act of the Privy Council under this Part is sufficiently signified by an instrument signed by the Clerk of the Privy Council.

• (7) Where an order of the Privy Council under this Part is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that is evidence and in Scotland sufficient evidence of—

• (a) the fact that the order was duly made; and

• (b) the order’s terms.

PART 2 — The Pharmacy (Northern Ireland) Order 1976

4

The Pharmacy (Northern Ireland) Order 1976[^f00003] is amended in accordance with articles 5 to 10.

Interpretation: “the necessary knowledge of English”

5

In article 2(2) (interpretation)[^f00004], insert in the appropriate place—

• “the necessary knowledge of English”, in relation to a person registered, or desirous of being registered, in the register of pharmaceutical chemists, means a knowledge of English which is necessary for the safe and effective practice as a pharmaceutical chemist in Northern Ireland;

Regulations

6

• (1) Article 5 (Regulations made by the Council: general) is amended as follows.

• (2) In paragraph (1)(bb)[^f00005], after “mental health”, insert “, the necessary knowledge of English”.

• (3) After paragraph (1A)[^f00006], insert—

(1B) Regulations made by the Council under this Article must provide for a person desirous of being registered as a pharmaceutical chemist under this Order to satisfy the registrar that the person has the necessary knowledge of English.

Qualifications for registration as a pharmaceutical chemist in Northern Ireland

7

In article 8(2A) (qualifications for registration)[^f00007], after “mental health” insert “, the necessary knowledge of English”.

Necessary knowledge of English: applicants for registration in the register of pharmaceutical chemists

8

After article 8A (registration by virtue of appropriate European diploma)[^f00008] insert—

(8AA) (1) The Society must publish guidance about— (a) the evidence, information or documents to be provided by an applicant for the purpose of satisfying the registrar under regulations made under Article 5(1) by virtue of Article 5(1B) that the applicant has the necessary knowledge of English; and (b) the process by which the registrar is to determine whether the registrar is satisfied as mentioned in sub-paragraph (a). (2) The registrar must have regard to the guidance published under paragraph (1) in determining whether the registrar is satisfied as mentioned in paragraph (1)(a). (3) Paragraphs (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the registrar is not satisfied under Article 5(1B) that the applicant has the necessary knowledge of English. (4) The registrar may request the applicant to provide further evidence, information or documents within such period as the registrar may specify. (5) The registrar may not exercise any power under paragraph (4) unless the registrar has complied with any duty under Article 11ZA(2). (6) The registrar may require the applicant— (a) to undergo an examination or other assessment; and (b) to provide information in respect of that examination or assessment, within such period as the registrar may specify. (7) In the case of an applicant who is an exempt person, the registrar may not exercise the power under paragraph (6) without having first— (a) exercised the power under paragraph (4); and (b) considered any further evidence, information or documents provided by the applicant. (8) Guidance published under paragraph (1) may make different provision in relation to different cases or classes of case. (9) Before issuing such guidance or varying or withdrawing it, the Society must consult such persons, or representatives of such persons, as it considers appropriate including, as it sees fit— (a) registered pharmaceutical chemists; (b) employers of registered pharmaceutical chemists; (c) users of services of registered pharmaceutical chemists; and (d) the Regional Health and Social Care Board. (10) In this article, references to an applicant are to a person desirous of being registered as a pharmaceutical chemist under this Order.

Recognition of qualification of exempt persons

9

After article 11 (evidence of qualification to be registered)[^f00009] insert—

(11ZA) (1) Paragraph (2) applies in relation to a person applying for registration as a pharmaceutical chemist under this Order (“A”) if— (a) A has paid the prescribed fee for registration; and (b) the registrar is satisfied that A falls within Article 8(2)(c); but (c) the registrar decides to make a request under Article 8AA(4). (2) The registrar must notify A that the registrar recognises that A, by virtue of falling within Article 8(2)(c), is entitled to be registered in the register of pharmaceutical chemists, subject to meeting any other requirements for registration.

Fitness to practise of pharmaceutical chemists in Northern Ireland

10

• (1) Schedule 3 (fitness to practise)[^f00010] is amended as follows.

• (2) After paragraph 4(1)(c) (impairment of fitness to practise) insert—

(ca) the person not having the necessary knowledge of English;

• (3) After paragraph 15(3)(i) (regulations in respect of proceedings), insert—

(ia) enabling the Scrutiny Committee or the Statutory Committee during the course of proceedings, to direct the person concerned to undertake an examination or other assessment of the person’s knowledge of English;

PART 3 — Dentists Act 1984

11

The Dentists Act 1984[^f00011] is amended in accordance with articles 12 to 31.

Qualification for registration in the dentists register

12

• (1) Section 15 (qualification for registration in the dentists register)[^f00012] is amended as follows.

• (2) In subsection (3), after paragraph (b) insert—

(ba) that he has the necessary knowledge of English;

• (3) In subsection (4), for paragraph (d) substitute—

(d) that he has the necessary knowledge of English; and

• (4) Omit subsection (5).

Necessary knowledge of English: applicants for registration in dentists register

13

After section 15 insert—

(15A) (1) The Council must publish guidance about— (a) the evidence, information or documents to be provided by an applicant for the purpose of satisfying the registrar under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English; and (b) the process by which the registrar is to determine whether the registrar is satisfied as mentioned in paragraph (a). (2) The registrar must have regard to the guidance published under subsection (1) in determining whether the registrar is satisfied as mentioned in subsection (1)(a). (3) Subsections (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the registrar is not satisfied under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English. (4) The registrar may request the applicant to provide further evidence, information or documents within such period as the registrar may specify. (5) The registrar may not exercise any power under subsection (4) unless the registrar has complied with any duty under section 21A(2B). (6) The registrar may require the applicant— (a) to undergo an examination or other assessment; and (b) to provide information in respect of that examination or assessment, within such period as the registrar may specify. (7) In the case of an applicant who is an exempt person, the registrar may not exercise the power under subsection (6) without having first— (a) exercised the power under subsection (4); and (b) considered any further evidence, information or documents provided by the applicant. (8) Guidance published under subsection (1) may make different provision in relation to different cases or classes of case. (9) The Council must keep guidance published under subsection (1) under review and may vary or withdraw it whenever they consider it appropriate to do so. (10) If the Council vary any guidance published under subsection (1) they must publish the guidance as varied. (11) Before publishing any guidance under subsection (1), or varying or withdrawing it, the Council must consult the persons and bodies mentioned in section 26B(5)(a) to (c). (12) The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance published under subsection (1) to any person. (13) In this section— (a) references to an applicant are references to a person applying for registration in the dentists register, and (b) references to guidance published under subsection (1) include references to guidance published by virtue of subsection (10).

Temporary registration in dentists register

14

• (1) Section 17 (temporary registration)[^f00013] is amended as follows.

• (2) In subsection (2), for paragraph (d) substitute—

(d) that he has the necessary knowledge of English; and

• (3) Omit subsection (3).

• (4) After subsection (3A) insert—

(3B) Section 15A (except subsection (5)) applies in relation to a person applying for registration under this section as if references to section 15(3)(ba) or (4)(d) were references to subsection (2)(d) of this section.

Power to charge fees in connection with applications for registration in dentists register

15

In section 19(1) (regulations with respect to the register)[^f00014]—

• (a) in paragraph (a), after “in the register” insert “or otherwise in connection with an application for registration”; and

• (b) in paragraph (d), for “in or restore to the register any entry” substitute “any entry in the register or take any other action in connection with an application for registration or restore any entry to the register”.

Notification of results of application for registration in dentists register

16

• (1) Section 21A (notification of results of application)[^f00015] is amended as follows.

• (2) After subsection (2) insert—

(2A) Subsection (2B) applies if the registrar— (a) is satisfied that A falls within section 15(1)(b) or (ba); but (b) decides to make a request under section 15A(4). (2B) The registrar must notify A that the registrar recognises that A, by virtue of falling within section 15(1)(b) or (ba) as the case may be, is entitled to be registered in the register, subject to meeting any other requirements for registration.

• (3) After subsection (3) insert—

(3A) In calculating any period of time for the purposes of subsection (3), the following are to be disregarded— (a) any period which begins on the date on which the registrar makes a request under section 15A(4) and ends on the date on which A complies with the request; or (b) any period which begins on the date on which the registrar requires A to undergo an examination or other assessment under section 15A(6)(a) and ends on the date on which A complies with the requirement under section 15A(6)(b).

• (4) At the end insert—

(5) A document which is requested or required under section 15A(4) or (6)(b) is not to be treated as missing for the purposes of this section.

Allegations against a registered dentist

17

In section 27 (allegations)[^f00016], after subsection (2)(b) insert—

(ba) the person not having the necessary knowledge of English;

The Investigating Committee: allegations against a registered dentist

18

• (1) Section 27A (the Investigating Committee)[^f00017] is amended as follows.

• (2) In subsection (4)(a)(i), after “performance)” insert “or section 27(2)(ba) (not having the necessary knowledge of English)”.

• (3) In subsection (5), after paragraph (a) insert—

(aa) an allegation based on the ground mentioned in section 27(2)(ba) and an allegation or allegations based on any other grounds mentioned in section 27(2);

Assessment of necessary knowledge of English

19

After section 27B[^f00018] insert—