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The Health Professions Order 2001
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This version of this provision is prospective.
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Health Professions Order 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 31:
- Order title substituted by 2012 c. 7 s. 213(6)
- Order title substituted by 2017 c. 16 Sch. 5 para. 45
- art. 31 coming into force by S.I. 2002/254 art. 1(3) (See transitional provisions in S.I. 2003/1700)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 1A(1)(b)(ia) inserted by 2012 c. 7 s. 213(5)
- Sch. 1 para. 19(10A)-(10C) inserted by 2015 c. 28 Sch. para. 6(4)
- Sch. 1 para. 1(2A) inserted by S.I. 2009/1182 Sch. 2 para. 17(1)(a)(iii)
- Sch. 1 para. 1(5) inserted by S.I. 2009/1182 Sch. 2 para. 18(b)
- Sch. 1 para. 9(1A)(1B) inserted by S.I. 2009/1182 Sch. 2 para. 17(1)(c)(ii)
- Sch. 1 para. 9(1C) inserted by S.I. 2009/1182 Sch. 2 para. 18(f)(ii)
- Sch. 1 para. 1A(1)(b)(ia) omitted by 2017 c. 16 Sch. 5 para. 26
- Sch. 1 para. 1A(4) omitted by S.I. 2013/235 Sch. 2 para. 52
- Sch. 1 para. 16A revoked by 2006 c. 28 Sch. 8 para. 48 Sch. 9
- Sch. 1 para. 17(1)-(2B) substituted for Sch. 1 para. 17(1)(2) by S.I. 2009/1182 Sch. 2 para. 15(7)
- Sch. 1 para. 1A 1B substituted for Sch. 1 paras. 1-12 by S.I. 2009/1182 Sch. 2 para. 15(2)
- Sch. 1 Pt. 1 para. 16A inserted by 2003 c. 43 Sch. 12 para. 8
- Sch. 2 para. 25-27 added by S.I. 2004/2033 art. 3(3)(f)
- Sch. 2 para. 25 coming into force by S.I. 2002/254 art. 1(3)
- Sch. 2 para. 26 coming into force by S.I. 2002/254 art. 1(3)
- Sch. 2 para. 27 coming into force by S.I. 2002/254 art. 1(3)
- Sch. 2 para. 3(4A) inserted by S.I. 2004/2033 art. 3(3)(c)
- art. 3(4)(4A) substituted for art. 3(4) by 2015 c. 28 Sch. para. 6(2)
- art. 3(5)-(5B) substituted for art. 3(5) by S.I. 2009/1182 Sch. 2 para. 1(a)
- art. 3(5)(b)(vi)(vii) inserted by 2012 c. 7 s. 215(2)(c)
- art. 3(5)(b)(vi)(vii) omitted by 2017 c. 16 Sch. 5 para. 11(2)(c)
- art. 3(5AA) inserted by 2012 c. 7 s. 215(3)
- art. 3(5AA) omitted by 2017 c. 16 Sch. 5 para. 11(3)
- art. 3(5ZA) inserted by 2012 c. 7 s. 218(3)
- art. 3(7A) inserted by S.I. 2009/1182 Sch. 2 para. 1(c)
- art. 3(17A) inserted by 2012 c. 7 s. 215(4)
- art. 6(3)(aa) inserted by S.I. 2007/3101 reg. 267
- art. 6(3)(aa) omitted by S.I. 2019/593 Sch. 8 para. 3
- art. 6(3)(aa) words inserted by 2012 c. 7 s. 215(5)
- art. 6(3)(aa) words omitted by 2017 c. 16 Sch. 5 para. 12
- art. 7(4) inserted by S.I. 2007/3101 reg. 268
- art. 7(4) omitted by S.I. 2019/593 Sch. 8 para. 4
- art. 7(4) words inserted by 2012 c. 7 s. 215(5)(b)
- art. 7(4) words omitted by 2017 c. 16 Sch. 5 para. 13
- art. 7A inserted by S.I. 2023/1286 Sch. 3 para. 70
- art. 9(2)(ba) inserted by S.I. 2014/1887 Sch. 1 para. 12(d)
- art. 9(3A) inserted by S.I. 2014/1887 Sch. 1 para. 12(e)
- art. 9(3A) omitted by 2017 c. 16 Sch. 5 para. 14(2)
- art. 9(4A) inserted by S.I. 2023/1286 Sch. 3 para. 71(b)
- art. 9(5)(a)(b) substituted for words by S.I. 2023/1286 Sch. 3 para. 71(c)
- art. 9(8) inserted by S.I. 2007/3101 reg. 270(d)
- art. 9(8) omitted by S.I. 2019/593 Sch. 8 para. 6(c)
- art. 9(8) words inserted by 2012 c. 7 s. 215(5)(b)
- art. 9(8) words omitted by 2017 c. 16 Sch. 5 para. 14(3)
- art. 9A inserted (temp.) by 2020 c. 7 Sch. 1 para. 2(2)
- art. 10(2)(aa) inserted by S.I. 2014/1887 Sch. 1 para. 13(d)
- art. 10(4)(aa) inserted by S.I. 2014/1887 Sch. 1 para. 13(e)
- art. 10(6) inserted by S.I. 2007/3101 reg. 271(b)
- art. 10(6) omitted by S.I. 2019/593 Sch. 8 para. 7(b)
- art. 10(6) words inserted by 2012 c. 7 s. 215(6)
- art. 10(6) words omitted by 2017 c. 16 Sch. 5 para. 15(2)
- art. 10(7) inserted by S.I. 2014/1887 Sch. 1 para. 13(f)
- art. 10(7) omitted by 2017 c. 16 Sch. 5 para. 15(3)
- art. 11A inserted by S.I. 2014/1887 Sch. 1 para. 14
- art. 11A(11) omitted by 2017 c. 16 Sch. 5 para. 16
- art. 11A(12) omitted by S.I. 2019/593 Sch. 8 para. 8
- art. 12(1)(c)(III) coming into force by S.I. 2002/254 art. 1(3)
- art. 12(1)(d) and word inserted by 2012 c. 7 s. 215(7)(b)
- art. 12(1)(d) and word omitted by 2017 c. 16 Sch. 5 para. 17(2)(b)
- art. 12(1)(ba) inserted by S.I. 2016/1030 reg. 147(2)
- art. 12(1)(ba) omitted by S.I. 2019/593 Sch. 8 para. 9(a)(ii)
- art. 12(1A) inserted by S.I. 2007/3101 reg. 272(b)
- art. 12(1A) omitted by S.I. 2019/593 Sch. 8 para. 9(b)
- art. 12(1ZA)-(1ZD) inserted by S.I. 2023/1286 Sch. 3 para. 72
- art. 12(2)(c) and word inserted by 2012 c. 7 s. 215(8)(b)
- art. 12(2)(c) and word omitted by 2017 c. 16 Sch. 5 para. 17(3)(b)
- art. 12A inserted by S.I. 2023/1286 Sch. 3 para. 73
- art. 13(1)(c) substituted by S.I. 2009/1182 Sch. 2 para. 3(a)
- art. 13(1)(d) words added by S.I. 2009/1182 Sch. 2 para. 3(b)
- art. 13(1B) inserted by S.I. 2012/1479 art. 2(b)
- art. 13(1B) omitted by 2017 c. 16 Sch. 5 para. 18(3)
- art. 13A inserted by S.I. 2007/3101 reg. 273
- art. 13A omitted by S.I. 2019/593 Sch. 8 para. 10
- art. 13A title substituted by 2012 c. 7 s. 215(5)(a)
- art. 13A heading words substituted by 2017 c. 16 Sch. 5 para. 19
- art. 13A(2) substituted by S.I. 2016/1030 reg. 148(2)
- art. 13A(5) word substituted by S.I. 2016/1030 reg. 148(3)(a)
- art. 13A(5) word substituted by S.I. 2016/1030 reg. 148(3)(b)
- art. 13B inserted by 2012 c. 7 s. 215(9)
- art. 13B omitted by 2017 c. 16 Sch. 5 para. 20
- art. 14(ba) inserted by 2012 c. 7 s. 218(4)
- art. 14(ba) omitted by S.I. 2022/1216 reg. 3(b)
- art. 15(5A) inserted by S.I. 2023/1286 Sch. 3 para. 74
- art. 15A 15B inserted by 2012 c. 7 s. 218(5)
- art. 15A omitted by S.I. 2018/893 reg. 41(4) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 15B omitted by S.I. 2018/893 reg. 41(5) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 17(3A) inserted by 2012 c. 7 s. 218(7)
- art. 17(3A) omitted by S.I. 2018/893 reg. 41(7) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 18(1A) inserted by 2012 c. 7 s. 218(8)
- art. 18(1A) omitted by S.I. 2018/893 reg. 41(8)(a) (This amendment comes into force on the date that 2017 c. 16, s. 39(1) comes into force. That provision is brought into force on 2.12.2019 by S.I. 2019/1436, reg. 2(b))
- art. 19(2A)-(2D) inserted by S.I. 2007/3101 reg. 274
- art. 19(2A)-(2D) omitted by S.I. 2019/593 Sch. 8 para. 11
- art. 19(2A)(b) words inserted by 2012 c. 7 s. 215(10)
- art. 19(2A)(b) words omitted by 2017 c. 16 Sch. 5 para. 21
- art. 21A inserted by S.I. 2023/1286 Sch. 3 para. 75
- art. 22(1)(a)(vi)(vii) inserted by S.I. 2009/1182 Sch. 2 para. 5 (This effect comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
- art. 26(6A) inserted by 2015 c. 28 Sch. para. 6(3)
- art. 37(1)(aa) inserted by S.I. 2007/3101 reg. 275
- art. 37(1)(aa) omitted by S.I. 2019/593 Sch. 8 para. 12
- art. 37(1)(aa) words inserted by 2012 c. 7 s. 215(5)(b)
- art. 37(1)(aa) words omitted by 2017 c. 16 Sch. 5 para. 23(2)
- art. 37(1)(ab) inserted by S.I. 2014/1887 Sch. 1 para. 16(a)
- art. 37(1A)(1B) inserted by S.I. 2014/1887 Sch. 1 para. 16(b)
- art. 37(1B) omitted by 2017 c. 16 Sch. 5 para. 23(3)
- art. 37(2A) inserted by S.I. 2014/1887 Sch. 1 para. 16(c)
- art. 37(5A) inserted by S.I. 2009/1182 Sch. 2 para. 9(b)
- art. 37(5A)(a) words inserted by 2012 c. 7 s. 216(2)
- art. 37(5A)(a) words omitted by 2017 c. 16 Sch. 5 para. 23(4)
- art. 37(8A) inserted by 2012 c. 7 s. 216(4)
- art. 37(8A) omitted by 2017 c. 16 Sch. 5 para. 23(6)
- art. 38(1A) inserted by S.I. 2007/3101 reg. 276(b)
- art. 38(1A) omitted by S.I. 2019/593 Sch. 8 para. 13(b)
- art. 38(1A)(c)-(e) inserted by S.I. 2016/1030 reg. 149(2)
- art. 38(1B) inserted (temp.) by 2020 c. 7 Sch. 1 para. 2(4)
- art. 38(1ZA) inserted by 2012 c. 7 s. 216(5)
- art. 38(1ZA) omitted by 2017 c. 16 Sch. 5 para. 24(2)
- art. 38(5) inserted by 2012 c. 7 s. 216(7)
- art. 38(5) omitted by 2017 c. 16 Sch. 5 para. 24(4)
- art. 39(1A) inserted by 2012 c. 7 s. 215(12)
- art. 39(1A) omitted by 2017 c. 16 Sch. 5 para. 25
- art. 40(3) coming into force by S.I. 2002/254 art. 1(3) (See transitional provisions in S.I. 2003/1700)
- art. 40(3) coming into force by S.I. 2002/254 art. 1(3)
- art. 42(2A) inserted by S.I. 2009/1182 Sch. 2 para. 12(a)
- art. 42(3)(3A) substituted for art. 42(3) by S.I. 2009/1182 Sch. 2 para. 12(b)
- art. 44A inserted by 2012 c. 7 s. 219(1)
- art. 45(3A) inserted by 2012 c. 7 s. 218(11)
- art. 49 inserted by S.I. 2016/1030 reg. 150
- art. 49 omitted by S.I. 2019/593 Sch. 8 para. 14
Prospective
Interim Orders by a Practice CommitteeU.K.
31.—(1) This article applies where—
(a)an allegation against a registered professional has been referred to the Investigating Committee, Conduct and Competence Committee or to the Health Committee but—
(i)that Committee has not reached a decision on the matter; or
(ii)in a case to which article 26(6) applies, where the Investigating Committee refers the matter to another Practice Committee;
(b)the Investigating Committee makes an order under article 26(7), or
(c)the Conduct and Competence Committee or the Health Committee makes an order under article 29(5)(a) to (c).
(2) Subject to paragraph (4), if the Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the registration of that person to be suspended or to be made subject to conditions, it may—
(a)make an order directing the Registrar to suspend the person’s registration (an “interim suspension order”); or
(b)make an order imposing conditions with which the person must comply (an “interim conditions of practice order”),
during such period not exceeding eighteen months as may be specified in the order.
(3) In a case coming within paragraph (1)(b) or (c), such an order may be made at the same time as an order made under article 26(7) or 29(5)(a) to (c).
(4) The Investigating Committee shall not make an order in any case after it has referred the allegation in question to another Practice Committee.
(5) Subject to paragraphs (6), (7), (9) and (12) the order mentioned in paragraph (2) shall cease to have effect—
(a)in a case falling within paragraph (1)(a) when the Committee reaches a decision in respect of the allegation in question; and
(b)in a case falling within paragraph (1)(b) or (c)—
(i)if there is no appeal against the order mentioned in that paragraph, when the period for appealing expires, or
(ii)if there is an appeal against that order, when the appeal is withdrawn or otherwise finally disposed of.
(6) The Committee which made the order or, if the matter has been referred to another Practice Committee, that Committee, shall, in a case coming within paragraph (1)(a), review an order made under paragraph (2)—
(a)within the period of six months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it before the end of the period of three months beginning on the date of the decision of the immediately preceding review;
(b)where new evidence relevant to the order has become available after the making of the order.
(7) Where an interim suspension order or an interim conditions of practice order has been made under this article (including this paragraph) the Practice Committee which made the order or, where the case has been referred to another Practice Committee, that Committee, may, subject to paragraph (15)—
(a)revoke the order or revoke any condition imposed by the order;
(b)confirm the order;
(c)vary any condition imposed by the order;
(d)if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an interim conditions of practice order with an interim suspension order having effect for the remainder of the term of the former;
(e)if satisfied that the public interest, including the protection of members of the public, or the interests of the person concerned would be adequately served by an interim conditions of practice order, replace an interim suspension order with an interim conditions of practice order having effect for the remainder of the term of the former.
(8) The Council may apply to the court for an order made by a Practice Committee under paragraph (2) or (7) to be extended, and may apply again for further extensions.
(9) On such an application the court may extend (or further extend) for up to 12 months the period for which the order has effect.
(10) In this article, references to an interim suspension order or interim conditions of practice order include such an order as so extended.
(11) For the purposes of paragraph (6) the first review after the court’s extension of an order made by a Practice Committee or after a replacement order made by a Practice Committee under paragraph (7)(d) or (e) shall take place—
(a)if the order (or the order which has been replaced) had not been reviewed at all under paragraph (6), within the period of six months beginning on the date on which the court ordered the extension or on which a replacement order under paragraph (7)(d) or (e) was made; and
(b)if it had been reviewed under the provision, within the period of three months beginning on that date.
(12) Where an order has effect under paragraph (2), (7) or (9), the court may, on an application being made by the person concerned—
(a)in the case of an interim suspension order, terminate the suspension;
(b)in the case of an interim conditions of practice order, revoke or vary any condition imposed by the order;
(c)in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),
and the decision of the court under any application under this paragraph shall be final.
(13) In this article “the court” has the same meaning as “the appropriate court” in article 38.
(14) The Committee shall notify the person concerned giving its reasons where it makes an order under paragraph (2) or for any decision under paragraph (7) and shall notify him of his right to apply to the court.
(15) No order under paragraph (2) or (7)(c) to (e), or, in a case where paragraph (5)(b) applies, under paragraph (7)(b), shall be made by any Practice Committee in respect of any person unless he has been afforded an opportunity of appearing before the Committee and being heard on the question whether such an order should be made in his case.
(16) At any such hearing, the person concerned shall be entitled to be represented whether by a legally qualified person or otherwise.
(17) The Committee shall when it makes, varies, replaces or revokes an order under this article or when an order it has made ceases to have effect, give the Registrar such directions as are appropriate as to annotation of the register to record the decision made or, as the case may be, the expiry of the order.
Commencement Information
I1Art. 31 not in force at made date, see art. 1(2)
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