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The Anaesthesia Associates and Physician Associates Order 2024

Type Statutory-Instrument

Publication 2024-03-13

Last updated 2024-12-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(d) an assessment under article 7;

(e) the reasons for the determination of an appeal under this Order if it considers it to be in the public interest to do so;

(f) information relating to former registrants which was previously published under paragraph 4;

(g) guidance about the exercise of functions under this Order.

(2) For the purposes of sub-paragraph (1)(a), the Regulator need not consider whether it is in the public interest to publish the information in question in respect of each individual associate to whom it relates.

Duty to publish registration information and certain decisions

4

(1) The Registrar must publish, together, in respect of each registered person—

(a) that person’s name, registration number and date of most recent registration,

(b) in which part of the register the person is registered, and

(2) The Regulator must, as soon as practicable, publish in addition—

(a) a removal under article 9 (1)(c),

(b) a warning under article 10 (3)(a)(ii) or (5)(a)(ii),

(d) an Interim Measure or a Final Measure, and

(e) a decision under article 16 (5) or article 17 (6),

until the Regulator is satisfied that such publication no longer serves the purpose of protection of the public.

Duty to publish other matters

5

(1) The Regulator must publish—

(a) any rules made under this Order,

(b) standards determined under article 3 (1),

(d) any condition or revocation of approval under article 4 (2)(a) and (c), and

(e) guidance as to what amounts to impairment of fitness to practise.

(2) The Regulator must keep guidance under sub-paragraph (1)(e) under review.

Information to be included in a report under section 52A of the Medical Act 1983

6

The Regulator must include in a report under section 52A (annual reports, statistical reports and strategic plans) of the Medical Act 1983[^f00017] produced on or after the date on which this paragraph is commenced a description of—

(a) the arrangements which it has put in place to protect members of the public from registrants whose fitness to practise is impaired, together with its observations on the report, and

(b) the likely impact of any change made during the period covered by the report to fees set under paragraph 8 of Schedule 4, in particular in respect of—

(i) the workforce of the health service in the United Kingdom,

(ii) associates, and

(iii) the Regulator.

Evidence gathering

7

(1) The Regulator must take such steps as it considers necessary for the purpose of assessing whether—

(a) standards determined under article 3 (1) are met at any point in time, or

(b) a person’s fitness to practise as an associate is impaired.

(2) The steps taken under sub-paragraph (1)(a)—

(a) must include requiring prescribed persons to supply prescribed information, at prescribed intervals in such manner as may be prescribed, to the Regulator, and

(b) may include setting examinations.

(3) In sub-paragraph (2)(a), “prescribed” means prescribed in rules under paragraph 14 of Schedule 4.

(4) Subject to sub-paragraph (5) and paragraph 8, the Regulator may require a person, including an associate in respect of whom the information or document is sought, to supply information or produce a document which the Regulator considers the person is able to supply and which appears to the Regulator to be relevant for the purposes of its functions under this Order.

(5) The Regulator may not require, for the purposes of fitness to practise proceedings, an associate to provide it with material produced by that associate—

(a) for the purposes of professional development, or

(b) in the course of reflecting on their professional practice in order to improve it.

(6) If a person fails to supply any information or produce any document within 14 days of being required to do so under sub-paragraph (4), the Regulator may seek an order of the county court or, in Scotland, the sheriff in whose Sheriffdom is situated the address which—

(a) is shown in the register as the address of the person concerned, or

(b) the last known address of the person concerned,

requiring the information to be supplied or the document to be produced.

Further provision as to disclosure

8

(1) Nothing in article 18 or this Schedule requires or permits the making of a disclosure which contravenes the data protection legislation.

(2) Paragraph 7 (4) does not apply in respect of the supply of information or the production of a document which a person could not be compelled to supply or produce in court.

(3) Where, for the purposes of paragraph 7 (4), information is held in a form which is not disclosable by reason of the data protection legislation because the information is capable of identifying an individual, the Regulator may require that information be put into a form which is not capable of identifying that individual.

(4) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018[^f00018] (see section 3(9) of that Act (Terms relating to the processing of personal data)).

Proceedings before a Panel

9

(1) For the purposes of fitness to practise proceedings before a Panel in England and Wales or Northern Ireland, a Panel may—

(a) administer oaths, and

(b) issue a writ of subpoena ad testificandum or subpoena duces tecum.

(2) Any such writ must not compel a person to produce any document which they could not be compelled to produce on the trial of an action.

(3) Section 36 of the Senior Courts Act 1981[^f00019] (subpoena issued by High Court to run throughout United Kingdom) or section 67 of the Judicature (Northern Ireland) Act 1978[^f00020] (which provide a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) applies in respect of fitness to practise proceedings before a Panel in England and Wales or, as the case may be, in Northern Ireland as those provisions apply in respect of causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(4) For the purpose of fitness to practise proceedings before a Panel in Scotland, the Panel may administer oaths and the Court of Session will on the application of any party to the proceedings have the like power as in any action in that court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Panel and for the issue of letters of second diligence against any witness or haver failing to appear after due citation,

(b) to grant warrant for the recovery of documents, and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

(5) No person shall be compelled under any of the provisions in this paragraph to produce any document described in paragraph 7 (5).

Schedule 4 — RULE-MAKING POWERS

Rules as to the register

1

(1) The Regulator may make rules as to the form and keeping of the register.

(2) Subject to sub-paragraph (3) and paragraph 4, the Regulator may make rules as to the entering, amendment and removal of information in the register.

(3) The Regulator must prescribe in rules which contact details, including addresses, of associates must be recorded in the register under article 5 (3)(b).

Rules prescribing persons etc. for the purposes of articles 6 and 8

2

(1) The Regulator must prescribe in rules a person or Panel for the purposes of—

(a) article 6 (2)(a),

(b) article 6 (3)(a), and

(2) The Regulator may prescribe in rules—

(a) standards for the purposes of article 3 (1);

(b) a period, for the purposes of article 6 (2) or (3), that must have elapsed before an applicant may apply to be registered;

(d) a case for the purposes of article 6 (3)(b);

(e) a description of associate for the purposes of article 8.

Rules as to revision of decisions

3

(1) The Regulator must prescribe in rules decisions for the purposes of article 15 (1).

(2) In respect of decisions which are prescribed under sub-paragraph (1), the Regulator may prescribe the circumstances and cases in which it may request representations from the person to whom the decision relates.

(3) The representations referred to in sub-paragraph (2) must be in writing unless the Regulator directs otherwise.

Procedural rules other than for appeals

4

(1) The Regulator must prescribe in rules the procedure for the purposes of—

(a) articles 4 (1), 6, 10, 11, 12, 13, 14 and 15, and

(b) removing an entry under article 9 (1)(c).

(2) The Regulator may prescribe in rules the procedure for—

(a) article 4 (2);

(b) the removal of entries in the register in the circumstances referred to in article 9 (1)(a) and (2);

(c) an assessment under paragraph 7 of Schedule 3 and, in particular, for an assessment of a person’s physical or mental health.

Procedural rules for appeals

5

The Regulator must prescribe in rules the procedure for appeals under article 16, which must in particular—

(a) specify—

(i) the timescales within which any steps in an appeal are to be taken,

(ii) the content of a notice of appeal,

(iii) the information to be provided with such a notice of appeal, and

(iv) the manner, and deemed date of service, of a notice of appeal,

(b) provide for a Panel to dispose of the appeal with or without a hearing, but with the proviso that a Panel must hold a hearing if the appellant so requests, and

(i) attend, and be represented,

(ii) make oral representations, and

(iii) call witnesses.

Rules as to Panels

6

(1) The Regulator must prescribe in rules—

(a) the quorum and constitution of Panels,

(b) the circumstances in which a Panel may comprise a single decision maker, and

(2) The Regulator may in rules provide that a Panel may join more than one referral in respect of a person and consider them at the same time.

(3) The Regulator may make rules on any matter relating to the functions of Panels, including as to—

(a) case management;

(b) procedural directions;

(d) administration of oaths;

(e) requiring persons to attend and give evidence or to produce documents.

Rules as to non-compliance

7

(1) The Regulator may prescribe in rules—

(a) the consequences of non-compliance with—

(i) rules under paragraph 4 (2)(c);

(ii) a direction under rules under paragraph 6 (3)(b);

(b) that the Regulator, the Registrar, a Panel, a case examiner and a person prescribed in rules for the purposes of article 6 (3)(a) may draw adverse inferences in circumstances prescribed in the rules.

(2) Rules under sub-paragraph (1)(a)(ii) may—

(a) prescribe—

(i) the circumstances in which costs may be awarded by a Panel;

(ii) what factors need to be taken into account in awarding costs;

(b) provide for—

(i) the assessment and taxation of costs or, in Scotland, expenses;

(ii) the enforcement of an award of costs or, in Scotland, expenses by a Panel in the same manner as if the award had been made by an order of the county court or, in Scotland, by decree of the sheriff.

Rules as to fees

8

(1) The Regulator must make rules as to the setting, charging, collection and recovery of fees in connection with the discharge of a function under this Order, including a function discharged outside the United Kingdom.

(2) The rules must not require a registrant to pay fees in connection with specific proceedings to determine that registrant’s fitness to practise.

(3) The rules must require the level of any fees to be set with a view to ensuring that, so far as is reasonably practicable and taking one year with another, the Regulator’s fee income does not exceed its expenses, including amounts reasonably required to be set aside as reserves.

(4) The rules may provide that a request or application in respect of which a fee is payable is not valid unless the fee is paid.

(5) Any fees recoverable pursuant to this paragraph may be recovered by—

(a) the Regulator, or

(b) a person or body prescribed in the rules,

in such circumstances or cases, and to such extent, as may be prescribed in the rules.

(6) Any such sum is recoverable in Scotland as a debt and in England, Wales and Northern Ireland summarily as a civil debt.

Rules as to notifications

9

(1) The Regulator must make rules as to the notification of the opportunity to make representations under article 18 and as to notification under paragraph 2 of Schedule 3, which include provision as to—

(a) the content of the notifications,

(b) any information to be provided with them,

(d) their service, and

(e) the date on which they are to be deemed to have been received.

(2) Rules under sub-paragraph (1) must require that any notification informs the recipient of, as appropriate—

(a) the nature of the proceedings to which it refers,

(b) the timescale within which any response to it is required and the method for making such a response,

(c) any consequences of failing to respond to it or to comply with the fitness to practise procedure, and in particular any decisions that may be taken in the absence of the person and any action that may be taken for failure to comply with the fitness to practise procedure, and

(d) any right to be represented and to make representations.

Rules as to Panel appointments

10

(1) The Regulator must make rules for appointments under paragraph 1 (b)(ii) of Schedule 1.

(2) Such rules must secure that a person who is a member or an officer of the Regulator must not be appointed to a Panel.

(3) Such rules may provide for, in particular—

(a) the process for appointment, suspension and removal;

(b) the term of appointment;

(4) The reference in sub-paragraph (2) to an officer of the Regulator is to a person appointed under paragraph 16 of Schedule 1 to the Medical Act 1983[^f00021].

Rules as to Fitness to Practise

11

(1) The Regulator must prescribe in rules—

(a) subject to sub-paragraph (2), a period for the purpose of article 10 (8)(b)which may not be less than 28 days beginning with the date on which the associate received the notification of proposed Final Measure referred to in that provision;

(b) that a Panel in fitness to practise proceedings must consist of at least—

(i) one person who—

(aa) has been registered,

(bb) has an approved qualification, or

(cc) is a registrant member (within the meaning of paragraph 1A(1) of Schedule 1 to the Medical Act 1983[^f00022]), and

(ii) one person who does not satisfy sub-paragraph (i).

(2) For the purpose of sub-paragraph (1)(a), a notification sent electronically must be deemed to be received on the day on which it was sent.

(3) In respect of the functions of a case examiner the Regulator may make rules in respect of case management and evidence.

Rules as to appeals

12

The Regulator may prescribe in rules persons, other than itself, for the purposes of article 16 (4).

Rules as to when decisions take effect

13

The Regulator may make rules setting out the date from which—

(a) a revision under article 15;

(b) an Interim Measure;

takes effect.

Rules for the purpose of paragraph 7 of Schedule 3

14

The Regulator must prescribe in rules persons, information, an interval and a manner for the purpose of paragraph 7 (1)(a) and (2) of Schedule 3.

General provision about rules

15

(1) Rules under this Schedule may—

(a) make different provision for different cases or different classes of case;

(b) make different provision for different circumstances;

(c) contain such incidental, consequential, transitional, transitory, saving or supplementary provision as appears to the Regulator to be necessary or expedient.

(2) Before making rules under this Schedule the Regulator must consult, to the extent it considers appropriate, representatives of any group of persons which appear to the Regulator likely to be affected by the rules, including representatives of—

(a) associates,

(b) employers of associates,

(d) persons providing, assessing or funding education or training for associates or prospective associates.

Schedule 5 — CONSEQUENTIAL AMENDMENTS

Medical Act 1983

1

(1) Schedule 1 to the Medical Act 1983 (the General Medical Council and its Committees, and the Branch Councils) is amended as follows.

(2) In paragraph 1A(1) (membership of the General Medical Council: general)—

(a) for paragraph (a) substitute—

(a) registrant members, that is members who are— (i) fully registered under this Act and hold licences to practise, (ii) provisionally registered under this Act and hold licences to practise, or (iii) registered under the Anaesthesia Associates and Physician Associates Order 2024; and

(b) in paragraph (b)—

(i) in sub-paragraph (i), at the end insert “under this Act”;

(ii) omit “and” at the end of sub-paragraph (ii);

(iii) after sub-paragraph (iii) insert—

(iv) are not and never have been registered under the Anaesthesia Associates and Physician Associates Order 2024, and (v) do not hold a qualification approved under article 4(1)(a)(ii) of that Order.

(3) For paragraph 19G(14)[^f00023] (Medical Practitioners Tribunals and Interim Orders Tribunals) substitute—

(14) In this paragraph— - “lay member” has the same meaning as in paragraph 1A; - “registrant member” means a member who— is fully registered or provisionally registered under this Act, and holds a licence to practise.

Video Recordings Act 1984

2

In the Video Recordings Act 1984[^f00024] in section 3(11) (exempted supplies of video recordings), after “the Nursing and Midwifery Order 2001,” insert “the Anaesthesia Associates and Physician Associates Order 2024,”.

Police Act 1997

3

In the Police Act 1997[^f00025], in Schedule 8A (offences which must be disclosed unless a sheriff orders otherwise), after paragraph 34F insert—

(34G) An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).

National Health Service Reform and Health Care Professions Act 2002

4

(1) The National Health Service Reform and Health Care Professions Act 2002[^f00026] is amended as follows.

(2) In section 26 (powers and duties of the Authority: general), in subsection (4) (powers to take action in relation to the case of an individual)—

(a) omit “or” at the end of paragraph (b);

(b) at the end of paragraph (c) insert—

, or (d) requesting that the General Medical Council exercises the power conferred by article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 so as to revise a decision of a case examiner to take any step under article 10(3) of that Order other than a decision to refer a matter on to a Panel.

(3) In section 29 (reference of disciplinary cases by Authority to court)—

(a) in subsection (1), after paragraph (h) insert—

(ha) any step taken under article 10(5) or 13(1) of the Anaesthesia Associates and Physician Associates Order 2024 by a panel constituted under that Order, (hb) any step taken by the General Medical Council under article 14(2) or (3) of the Anaesthesia Associates and Physician Associates Order 2024, (hc) any revision by the General Medical Council under article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 where the decision revised is a decision under article 10(5) of that Order,

(b) in subsection (2)(c) after “committees” insert “, panels”;

(7B) In a case where the relevant decision is taken by a panel constituted under the Anaesthesia Associates and Physician Associates Order 2024, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the General Medical Council.

Income Tax (Earnings and Pensions) Act 2003

5

In the Income Tax (Earnings and Pensions) Act 2003[^f00027] in section 343(2) (deduction for professional membership fees), in paragraph 1 of the Table (health professionals), at the end insert—

(t) the register kept under the Anaesthesia Associates and Physician Associates Order 2024.

Safeguarding Vulnerable Groups Act 2006

6

In the Safeguarding Vulnerable Groups Act 2006[^f00028], in the table in section 41(7) (registers: power to refer), at the end insert—

12. The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024	The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order

Data Protection Act 2018

7

In the Data Protection Act 2018[^f00029], in section 204(1) (meaning of “health professional”), at the end insert—

(l) a person registered under the Anaesthesia Associates and Physician Associates Order 2024.

8

In the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001[^f00030], in regulation 4(5) (disqualification for appointment)—

(a) omit “or” after sub-paragraph (g);

(b) at the end of sub-paragraph (h), insert—

; or (i) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

9

In the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001[^f00031], in regulation 4(7) (disqualification for appointment)—

(a) omit “or” after sub-paragraph (f);

(b) at the end of sub-paragraph (g), insert—

; or (h) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002

10

In the Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002[^f00032], in regulation 4(8) (disqualification for appointment), at the end of sub-paragraph (g), insert—

; (h) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Medicines for Human Use (Clinical Trials) Regulations 2004

11

In the Medicines for Human Use (Clinical Trials) Regulations 2004[^f00033], in regulation 2(1) (interpretation), in the definition of “health care professional”—

(a) omit “or” after paragraph (g);

(b) at the end of paragraph (h), insert—

, or (i) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004

12

In the Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004[^f00034], in Article 5(10) (disqualification for appointment), at the end of sub-paragraph (g), insert—

; (h) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004

13

In the Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004[^f00035], in regulation 4(8) (disqualification for appointment)—

(a) omit “or” after sub-paragraph (f);

(b) at the end of sub-paragraph (g), insert—

; or (h) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

National Assembly for Wales (Representation of the People) Order 2007

14

In the National Assembly for Wales (Representation of the People) Order 2007[^f00036], in paragraph 4(2) (professionals who may attest to disability for the purposes of proxy voting in elections for the National Assembly for Wales) of Schedule 1—

(a) omit “or” after paragraph (n);

(b) at the end of paragraph (o) insert—

; or (p) a person registered as either a physician associate or an anaesthesia associate under the Anaesthesia Associates and Physician Associates Order 2024

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

15

In the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007[^f00037], in the table in Article 43(7) (registers: power to refer), at the end insert—

11. The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024	The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order

Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008

16

In the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008[^f00038], in regulation 2(2)(j) (condition of appointment for chair and non-executive members of the Council)—

(a) omit “and” after paragraph (ix);

(b) at the end of paragraph (x), insert—

; and (xi) the Anaesthesia Associates and Physician Associates Order 2024

Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011

17

In the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011[^f00039], in regulation 1(2) (interpretation), in the definition of “health care professional”—

(a) omit “or” after paragraph (g);

(b) at the end of paragraph (h), insert—

; or (i) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

18

In the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011[^f00040], in regulation 4(4) (welfare of users)—

(a) omit “or” after sub-paragraph (g);

(b) at the end of sub-paragraph (h), insert—

; or (i) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Human Medicines Regulations 2012

19

In the Human Medicines Regulations 2012[^f00041], in regulation 8(1) (general interpretation), in the definition of “health care professional”—

(a) omit “or” after paragraph (j);

(b) at the end of paragraph (k), insert—

; or (l) a person registered under the Anaesthesia Associates and Physician Associates Order 2024

20

In the Social Security (Personal Independence Payment) Regulations 2013[^f00042], in paragraph 1 of Schedule 1 (personal independence payment assessment)—

(a) in the definition of “monitor a health condition”—

(i) omit “or” after paragraph (b)(ii);

(ii) at the end of paragraph (b)(iii), insert—

; or (iv) a physician associate registered under the Anaesthesia Associates and Physician Associates Order 2024

(b) in the definition of “therapy”—

(i) omit “or” after paragraph (a)(ii);

(ii) after paragraph (a)(iii), insert—

(iv) a physician associate; or

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

21

In the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013[^f00043], in—

(a) article 2(1)[^f00044] (interpretation)—

(i) after ““associate”,”, insert “except in the expression “registered associate”,”;

(ii) before the definition of “registered chiropractor”, insert—

“registered associate” means a person registered under the Anaesthesia Associates and Physician Associates Order 2024;

(b) Schedule A1[^f00045] (offences which must be disclosed subject to exceptions), after paragraph 35, insert—

(35A) An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).

(18) Registered associate.

22

In the Public Bodies (Joint Working) (Health Professionals and Social Care Professionals) (Scotland) Regulations 2014[^f00046], in regulation 2 (prescribed descriptions of health professionals)—

(a) omit “or” after paragraph (h);

(b) at the end of paragraph (i), insert—

; or (j) persons included in the register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024

23

In the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014[^f00047], in paragraph 4(4) of Schedule 1 (regulated activities)—

(a) in paragraph (a)—

(i) omit “or” after sub-paragraph (xiii);

(ii) at the end of sub-paragraph (xiv) insert—

; or (xv) an associate

(b) at the end of paragraph (f) insert—

; (g) “associate” means a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Explanatory Note

This Order provides for the regulation of anaesthesia associates and physician associates (“associates”) by the General Medical Council (“the Regulator”).

Article 3 requires the Regulator to set standards in relation to education, training and registration of associates. It enables the Regulator to set other standards. It also provides for consultation and review in that respect. Article 4 enables the Regulator to give approvals in relation to education and training of associates; to attach conditions to such approvals and to withdraw them.

Articles 5 and 6 provide for the Regulator’s Registrar to register associates and to maintain the register. Article 7 requires the Regulator to periodically assess whether a registrant continues to meet the standards set under article 3. Article 8 allows for conditions to be imposed on associates’ registration; and article 9 provides for the removal of entries in the register.

Articles 10 to 14 provide for fitness to practise proceedings. Article 10 enables case examiners and Panels to impose Final Measures and issue warnings. Article 11 enables Panels to impose Interim Measures and for a court to extend the period of such Measures. “Interim Measure” and “Final Measure” are defined in article 2: they allow for conditions, suspension or, in the case of a Final Measure, removal from the register. Article 12 provides for the review of Interim Measures. Article 13 places a duty on a case examiner or Panel to specify how long a Final Measure will remain in force, which cannot exceed 12 months. Article 14 allows the Regulator to review a Final Measure which remains in force and sets out the Regulator’s review powers.

Article 15 enables the Regulator to revise decisions under the Order on the ground of error of fact or law or, except in relation to fitness to practise proceedings, where there has been a material change of circumstances since it was made. Article 16 enables decisions of the regulator under the Order to be appealed to a panel; article 17 allows for specified Panel decisions to be appealed to a court.

Article 18 provides for the making of representations by persons applying for the approval of education etc. and by associates before Interim Measures and Final Measures are imposed or specified other decisions are made.

Article 19 creates offences.

Schedule 1 makes provision as to the Regulator, in particular as to appointments, delegation, how it is to exercise its functions, default powers of the Privy Council, incidental powers and the making of grants to the Regulator. Schedule 2 contains the list of offences for the purposes of automatic removal pursuant to article 9(1)(c). Schedule 3 provides for evidence gathering, notifications, publication and data processing under this Order. Schedule 4 provides rule making powers. Schedule 5 makes amendments consequential on the provisions in this Order.

Footnotes

[^f00001]: 1999 c. 8. Subsections 62(4) and (4A) were substituted by paragraph 11 of Schedule 10 to the Health and Social Care Act 2008 (c. 14). Schedule 3 was amended by: paragraph 8(b) of Schedule 4 to the Health Professions Order 2001 (S.I. 2002/254); section 26(10) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17); paragraph 67 of Schedule 11, and Part 4 of Schedule 14, to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43); section 33 of, and Schedule 9 to, the Health Act 2006 (c. 28); paragraphs 4 to 10 of Schedule 8, paragraph 12 of Schedule 10 and Part 2 of Schedule 15, to the Health and Social Care Act 2008; section 211 of, and paragraphs 61 and 72 of Schedule 15 to, the Health and Social Care Act 2012 (c. 7); and section 168(4) of the Health and Care Act 2022 (c. 31).

[^f00002]: 1983 c. 54. Section 1(3)(g) was inserted by article 2(1) of the General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794).

[^f00003]: Section 1(1) of the Medical Act 1983 provides for the continued existence of the General Medical Council.

[^f00004]: Paragraph 1A was substituted by paragraph 21(2) of Schedule 1 to the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774) and amended by paragraph 6 of Schedule 20 to the Health and Social Care Act 2012.

[^f00005]: 1999 c. 8.

[^f00006]: 1983 c. 54.

[^f00007]: See paragraph 9 of Schedule 1 to the Medical Act 1983.

[^f00008]: 2003 c. 42. Sections 47 to 50 were repealed in relation to Northern Ireland by articles 78(c) and 83 of, and Schedule 3 to, the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769) (N.I. 2). Section 47(7) was repealed by articles 3 and 8 of the Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779). Sections 48 to 50 were amended by section 68(1) and (3) to (5) of the Serious Crime Act 2015 (c. 9).

[^f00009]: 2005 asp 9; sections 9 to 12 were amended by section 40(2) of the Criminal Justice and Licensing (Scotland) Act 2010 asp 13.

[^f00010]: S.I. 2008/1769 (N.I. 2).

[^f00011]: 2009 asp 9; section 26 was amended by section 43(4) of the Criminal Justice and Licensing (Scotland) Act 2010.

[^f00012]: 2015 c. 30.

[^f00013]: 2015 asp 12.

[^f00014]: 2015 c. 2 (N.I.).

[^f00015]: 1968 c. 60; section 21 was extended by section 1(1)(d) of the Nuclear Material (Offences) Act 1983 (c. 18).

[^f00016]: 1969 c. 16 (N.I.).

[^f00017]: Section 52A was substituted by paragraph 18 of Schedule 1 to the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774).

[^f00018]: 2018 c. 12; section 3(9) was amended by paragraph 4(3) of Schedule 2 to the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/419).

[^f00019]: 1981 c. 54.

[^f00020]: 1978 c. 23.

[^f00021]: Paragraph 16 was amended by S.I. 2002/3135, 2008/1774 and 2015/794.

[^f00022]: Paragraph 1A was substituted by S.I. 2008/1774 and amended by paragraph 6(a) of Schedule 20 to the Health and Social Care Act 2012 (c. 7).

[^f00023]: Paragraph 19G was inserted by article 3(3) of the General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794).

[^f00024]: 1984 c. 39; section 3(11) was amended by section 39 of the Chiropractors Act 1994 (c. 17), paragraph 47(b) of Schedule 5 to the Children and Social Work Act 2017 (c. 16), paragraph 4 of Schedule 4 to the Health Professions Order 2001 (S.I. 2002/254) and paragraph 9 of Schedule 5 to the Nursing and Midwifery Order 2001 (S.I. 2002/253).

[^f00025]: 1997 c. 50; Schedule 8A was inserted by article 3(8) of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423). Paragraph 34F was inserted, in relation to Scotland, by regulation 2(20) of the Police Act 1997 (Offences in Schedules 8A and 8B) Amendment (Scotland) Regulations 2022 (S.S.I. 2022/379).

[^f00026]: 2002 c. 17; section 26(4) was substituted by section 115 of the Health and Social Care Act 2008 and amended by paragraph 62(b) of Schedule 15 to the Health and Social Care Act 2012. Section 29(1) was amended by section 118 and Part 2 of Schedule 15 to the Health and Social Care Act 2008, paragraph 73(1) of Schedule 15 to the Health and Social Care Act 2012, paragraph 13 of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), paragraph 1 of the Schedule to the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), paragraph 13 of Schedule 1 to the Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), paragraph 4 of Schedule 6 to the Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), paragraph 10(4) of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231), article 18 of the General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794).

[^f00027]: 2003 c. 1. The part of the Table relating to health professionals in section 343(2) was amended by Part 2 of Schedule 15 to the Health and Social Care Act 2008, paragraphs 51 and 56(d) of Schedule 15 to the Health and Social Care Act 2012, paragraph 29 of Schedule 5 to the Children and Social Work Act 2017, paragraph 5 of Schedule 6 to the Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), paragraph 9 of Schedule 1 to the Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), article 2(2) of the Income Tax (Professional Fees) Order 2008 (S.I. 2008/836), paragraph 6 of Schedule 5 to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), paragraph 11 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231).

[^f00028]: 2006 c. 47; section 41(7) was amended by paragraph 27(2) of Schedule 2 to the Education Act 2011 (c. 21), section 213(7)(m) and paragraph 52 of Schedule 15 to the Health and Social Care Act 2012, paragraph 64 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9), paragraph 54 of Schedule 3 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), paragraphs 34 and 47(l) of Schedule 5 to the Children and Social Work Act 2017 and paragraph 15 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231).

[^f00029]: There are amendments to section 204(1) which are not relevant to this Order.

[^f00030]: S.S.I. 2001/303, there is an amendment to regulation 4(5) not relevant to this Order.

[^f00031]: S.R. 2001 No. 313; regulation 4(7) was amended by regulation 3(c) of the Northern Ireland Social Care Council (Appointments and Procedure) (Amendment) Regulations 2002 (S.R. 2002 No. 349).

[^f00032]: S.R. 2002 No. 386.

[^f00033]: S.I. 2004/1031, there are amendments to regulation 2(1) not relevant to this Order.

[^f00034]: S.R. 2004 No. 62. Article 5(10) was amended by paragraph 7 of Schedule 3 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094).

[^f00035]: S.R. 2004 No. 37.

[^f00036]: S.I. 2007/236; paragraph 4(2) of Schedule 1 was amended by paragraph 13 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52) and paragraph 16 of Schedule 3 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094). There are other amendments to paragraph 4 not relevant to this Order.

[^f00037]: S.I. 2007/1351 (N.I. 11).

[^f00038]: S.I. 2008/2927; regulation 2(2)(j) was amended by paragraph 67 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231), paragraph 56 of the Schedule to the Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479) and paragraph 19 of Schedule 3 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094).

[^f00039]: S.S.I. 2011/182, there are amendments to regulation 1(2) not relevant to this Order.

[^f00040]: S.S.I. 2011/210, there is an amendment to regulation 4(4) not relevant to this Order.

[^f00041]: S.I. 2012/1916; the definition of “health care professional” was amended by paragraph 42(a) of Schedule 2 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593) and paragraph 30(b) of Schedule 2 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094).

[^f00042]: S.I. 2013/377; the definition of “monitor a health condition” was amended by regulation 2(2)(d) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 (S.I. 2017/194).

[^f00043]: S.S.I. 2013/50.

[^f00044]: There are amendments to article 2(1) not relevant to this Order.

[^f00045]: Schedule A1 was inserted by the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015 (S.S.I. 2015/329). There are amendments to Schedule A1 not relevant to this Order.

[^f00046]: S.S.I. 2014/307.

[^f00047]: S.I. 2014/2936, to which there are amendments not relevant to this Order.

Editorial notes

[^key-44daabf1435a4b8b27fdd415e31b4dc0]: Art. 19(1)(b) in force at 13.12.2026, see art. 1(2)

[^key-7d1d14eca34f38eedf4f2806624db8c6]: Sch. 3 para. 9 in force at 13.12.2024, see art. 1(3)

[^key-92952937d48f0bf0577d561755088c62]: Art. 1 in force at 13.12.2024, see art. 1(3)

[^key-9dbd48b942e58c3de41c710be4656f4a]: Sch. 5 para. 1 in force at 13.12.2024, see art. 1(3)

[^key-d1b9b90d87c9b9dbbb5ff34c5b6e664a]: Sch. 5 para. 2 in force at 13.12.2024, see art. 1(3)

[^key-f36f29d92b2579e73b51024d7e9b6c9b]: Sch. 5 para. 3 in force at 13.12.2024, see art. 1(3)

[^key-7646e37f40b1e237ac1bbcfe7ca1cfa8]: Sch. 5 para. 4 in force at 13.12.2024, see art. 1(3)

[^key-1d38a53125452e07f997e40d5aed64fc]: Sch. 5 para. 5 in force at 13.12.2024, see art. 1(3)

[^key-56a29301abac6d7c4511cd59137f9916]: Sch. 5 para. 6 in force at 13.12.2024, see art. 1(3)

[^key-d7b73707db9baf475691289cdebbc47e]: Sch. 5 para. 7 in force at 13.12.2024, see art. 1(3)

[^key-9536eb65375eb978faaa2f5b356c255e]: Sch. 5 para. 8 in force at 13.12.2024, see art. 1(3)

[^key-d4d5a778eb2bd830d45fcd87739e0441]: Sch. 5 para. 9 in force at 13.12.2024, see art. 1(3)

[^key-8db5ce6c03e66f14aaca5a8ccd3ad271]: Sch. 5 para. 10 in force at 13.12.2024, see art. 1(3)

[^key-730e0c1bc1d54464a88f49ab56a29640]: Sch. 5 para. 11 in force at 13.12.2024, see art. 1(3)

[^key-88d2afb6278a0bb3eac1f8e361c7a818]: Sch. 5 para. 12 in force at 13.12.2024, see art. 1(3)

[^key-0e51b6dd9eb3951819ce7a0175a6ac41]: Sch. 5 para. 13 in force at 13.12.2024, see art. 1(3)

[^key-c48c4675e4e5be3a1bffb3844369dfc5]: Sch. 5 para. 14 in force at 13.12.2024, see art. 1(3)

[^key-e08da9da6cba389efdf3bceef9b733ea]: Sch. 5 para. 15 in force at 13.12.2024, see art. 1(3)

[^key-377a5c8c42f1e5942c5b24b659844494]: Sch. 5 para. 16 in force at 13.12.2024, see art. 1(3)

[^key-24f00d4764696be40fcdfaeaea78720e]: Sch. 5 para. 17 in force at 13.12.2024, see art. 1(3)

[^key-d26fa38de199e1b1502cc955a8ef1fb3]: Sch. 5 para. 18 in force at 13.12.2024, see art. 1(3)

[^key-b0682b5c6e95ead7fe7c1135908477ba]: Sch. 5 para. 19 in force at 13.12.2024, see art. 1(3)

[^key-fbaf44a31aeb875bef2bd7861d524128]: Sch. 5 para. 20 in force at 13.12.2024, see art. 1(3)

[^key-ed7b2b27542d81d194ec9dfa209b7710]: Sch. 5 para. 21 in force at 13.12.2024, see art. 1(3)

[^key-1afb616268c0f5f9a436d5c49795a776]: Sch. 5 para. 22 in force at 13.12.2024, see art. 1(3)

[^key-994797795052d07587ac6a7c88e3d898]: Sch. 5 para. 23 in force at 13.12.2024, see art. 1(3)

[^key-0a6a2786c65453e31c892aa59b2b19ad]: Art. 2 in force at 13.12.2024, see art. 1(3)

[^key-61ef3b4830e0614a89143cfe6c145d84]: Art. 16 in force at 13.12.2024, see art. 1(3)

[^key-6973a5ca63b2a9fd22551e879ab1a672]: Art. 17 in force at 13.12.2024, see art. 1(3)

[^key-c1013be9d2ad5a73c368bf0a3e598af8]: Art. 3 in force at 13.12.2024, see art. 1(3)

[^key-73ebcf917dea6eb274039f86f7ab12cb]: Art. 4 in force at 13.12.2024, see art. 1(3)

[^key-c3050939f6e5d9d81348dbbb9ff266f8]: Art. 5 in force at 13.12.2024, see art. 1(3)

[^key-87ca8bbd37ae67f95ec773acb7c6a921]: Art. 6 in force at 13.12.2024, see art. 1(3)

[^key-73239441a54fa22a37b3569a0efebc1c]: Art. 7 in force at 13.12.2024, see art. 1(3)

[^key-12dba80990211321dde1c540a15b6f5e]: Art. 8 in force at 13.12.2024, see art. 1(3)

[^key-3df61fd6bbb0914c632ecaaeda8de551]: Art. 9 in force at 13.12.2024, see art. 1(3)

[^key-17c9470bfe6bae1151d6c793a826ec97]: Art. 10 in force at 13.12.2024, see art. 1(3)

[^key-2e65122f1086b50deb3287a15b1e1153]: Art. 11 in force at 13.12.2024, see art. 1(3)

[^key-c3ce36b9572ce43246cf96e221785546]: Art. 12 in force at 13.12.2024, see art. 1(3)

[^key-36d13423fc634c71884fc276ae012389]: Art. 13 in force at 13.12.2024, see art. 1(3)

[^key-1c6730860e50e27c66bf54d55605a6a4]: Art. 14 in force at 13.12.2024, see art. 1(3)

[^key-7260737dc74d63fcb2d3d85f908bde66]: Art. 15 in force at 13.12.2024, see art. 1(3)

[^key-b0cdc57cf4a7828b789854562fbd6a6d]: Art. 18 in force at 13.12.2024, see art. 1(3)

[^key-0d942da0259c9a0f90962b52dc13206d]: Art. 19(1)(a)(c)(d)(2) in force at 13.12.2024, see art. 1(3)

[^key-d8b1982c5a83bf60534b98e331bd3054]: Art. 20 in force at 13.12.2024, see art. 1(3)

[^key-7310307434a6fe247095fddecd6a6d38]: Sch. 1 para. 1 in force at 13.12.2024, see art. 1(3)

[^key-07c9a69ba16f7c2d9d0f5fab0ec6b540]: Sch. 1 para. 2 in force at 13.12.2024, see art. 1(3)

[^key-968a7bc80999680ef383d6681fff9e10]: Sch. 1 para. 3 in force at 13.12.2024, see art. 1(3)

[^key-e45270c59bf957ff1d85c2b7f04346a2]: Sch. 1 para. 4 in force at 13.12.2024, see art. 1(3)

[^key-dff6e9149cb1efc3eea052a43c481ec5]: Sch. 1 para. 5 in force at 13.12.2024, see art. 1(3)

[^key-59440539681022d3686ffb69d9523e78]: Sch. 1 para. 6 in force at 13.12.2024, see art. 1(3)

[^key-88087bdb0ab4e897c62fcbaee4ab99df]: Sch. 2 para. 1 in force at 13.12.2024, see art. 1(3)

[^key-f4bc1a7ac0f9de4b2b0699e0dd3ca0b0]: Sch. 2 para. 2 in force at 13.12.2024, see art. 1(3)

[^key-d7da18aa525f97ca5691ff522bac7bd8]: Sch. 2 para. 3 in force at 13.12.2024, see art. 1(3)

[^key-0f17201599755631a68b2efacef2aa66]: Sch. 2 para. 4 in force at 13.12.2024, see art. 1(3)

[^key-da35a26093662cd4e3ebcd82fd15dac6]: Sch. 2 para. 5 in force at 13.12.2024, see art. 1(3)

[^key-5e59ec7a2acbb867c2a77f05fe459e40]: Sch. 2 para. 6 in force at 13.12.2024, see art. 1(3)

[^key-072d68c7c6a59ce8a82222dca7ed0da6]: Sch. 2 para. 7 in force at 13.12.2024, see art. 1(3)

[^key-81dd29a7bd6200f94d95fc14208855e9]: Sch. 2 para. 8 in force at 13.12.2024, see art. 1(3)

[^key-eed85d3c565c748aa66cad0168606021]: Sch. 2 para. 9 in force at 13.12.2024, see art. 1(3)

[^key-b7020f9480cd68696971c67b3e36348a]: Sch. 2 para. 10 in force at 13.12.2024, see art. 1(3)

[^key-e0c4af778c3ca89c806f4d57217717b5]: Sch. 2 para. 11 in force at 13.12.2024, see art. 1(3)

[^key-7855d5f54a37aea3fa86b2e4d979ea8f]: Sch. 2 para. 12 in force at 13.12.2024, see art. 1(3)

[^key-97867ecaeb1d0c3ca6e132b5f0b54380]: Sch. 2 para. 13 in force at 13.12.2024, see art. 1(3)

[^key-7cacc07764ceb1d992ac0b3dbdb00f47]: Sch. 2 para. 14 in force at 13.12.2024, see art. 1(3)

[^key-7fdec0ae885f21b6c5e9770f98e610c8]: Sch. 3 para. 1 in force at 13.12.2024, see art. 1(3)

[^key-faad9dd05991e6f7c55395f489757e1f]: Sch. 3 para. 2 in force at 13.12.2024, see art. 1(3)

[^key-5931b2a8aaf65c791bd52722c07d56a4]: Sch. 3 para. 3 in force at 13.12.2024, see art. 1(3)

[^key-37dfa387956ddff69ca60b3b82a4bb19]: Sch. 3 para. 4 in force at 13.12.2024, see art. 1(3)

[^key-e1c459ceb88e4209c363a1504d276ef2]: Sch. 3 para. 5 in force at 13.12.2024, see art. 1(3)

[^key-5c024a6bee3e5fde5530e6b9e32eb7c8]: Sch. 3 para. 6 in force at 13.12.2024, see art. 1(3)

[^key-a525b0dec9e10bc4a2a03bc68ee8823b]: Sch. 3 para. 7 in force at 13.12.2024, see art. 1(3)

[^key-948c56f3f7f3c20c29876c115c41ddb3]: Sch. 3 para. 8 in force at 13.12.2024, see art. 1(3)

[^key-9246b94f1ad38e1f936af8f4f3a3595a]: Sch. 4 para. 1 in force at 13.12.2024, see art. 1(3)

[^key-60159665e9d903afa0d30c760447a0e9]: Sch. 4 para. 2 in force at 13.12.2024, see art. 1(3)

[^key-4452d3eede6f253a5b41ffa35be808c2]: Sch. 4 para. 3 in force at 13.12.2024, see art. 1(3)

[^key-63b8edbe3c3df32d9694e3ca400454eb]: Sch. 4 para. 4 in force at 13.12.2024, see art. 1(3)

[^key-4f50743b93fec1221e6a0848fa3e4094]: Sch. 4 para. 5 in force at 13.12.2024, see art. 1(3)

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