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The Health Professions Order 2001
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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 Part II:
- Order title substituted by 2012 c. 7 s. 213(6)
- Order title substituted by 2017 c. 16 Sch. 5 para. 45
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
PART IIU.K.THE COUNCIL AND ITS COMMITTEES
The Health Professions Council and its CommitteesU.K.
3.—(1) There shall be a body corporate known as the Health Professions Council (referred to in this Order as “the Council”).
(2) The principal functions of the Council shall be to establish from time to time standards of education, training, conduct and performance for members of the relevant professions and to ensure the maintenance of those standards.
(3) The Council shall have such other functions as are conferred on it by this Order or as may be provided by the Privy Council by order.
(4) The main objective of the Council in exercising its functions shall be to safeguard the health and well-being of persons using or needing the services of registrants.
(5) In exercising its functions, the Council shall—
(a)have proper regard to the interests of all registrants and prospective registrants and persons referred to in paragraph (4) in each of the countries of the United Kingdom and to any differing considerations applying to the professions to which this Order applies and to groups within them; and
(b)cooperate wherever reasonably practicable with—
(i)employers and prospective employers of registrants,
(ii)persons who provide, assess or fund education or training for registrants or prospective registrants, or who propose to do so,
(iii)persons who are responsible for regulating or coordinating the regulation of other health or social care professions, or of those who carry out activities in connection with the services provided by those professions or the professions regulated under this Order,
(iv)persons responsible for regulating services in the provision of which registrants are engaged.
(6) Before making any order under paragraph (3), the Privy Council shall consult the Council.
(7) The Council shall consult the Privy Council, or such person as the Privy Council may designate, at least once in each calendar year on the way in which it proposes to exercise its functions in respect of such period as the Privy Council or the designated person, as the case may be, may specify.
(8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council.
(9) There shall be four committees of the Council, to be known as—
(a)the Education and Training Committee;
(b)the Investigating Committee;
(c)the Conduct and Competence Committee; and
(d)the Health Committee.
(10) The four committees are referred to in this Order as “the statutory committees”.
(11) Each of the statutory committees shall have the functions conferred on it by this Order.
(12) The Council—
(a) may establish such other committees as it considers appropriate in connection with the discharge of its functions; and
(b)may, in particular, establish professional advisory committees whose function is to advise the Council and its statutory committees (whether on the request of the Council or otherwise) on matters affecting any relevant profession, and
may delegate any of its functions to them, other than any power to make rules.
(13) The Council shall inform and educate registrants, and shall inform the public, about its work.
(14) Before establishing any standards or giving any guidance under this Order the Council shall consult representatives of any group of persons it considers appropriate including, as it sees fit, representatives of—
(a)registrants or classes of registrant;
(b)employers of registrants;
(c)users of the services of registrants; and
(d)persons providing, assessing or funding education or training for registrants or prospective registrants.
(15) The Council shall publish any standards it establishes and any guidance it gives.
(16) Paragraphs (14) and (15) do not apply to guidance given to an individual which is particular to him.
(17) The Council may—
(a)make recommendations to the Secretary of State concerning any profession which in its opinion should be regulated pursuant to section 60(1)(b) of the Health Act 1999; and
(b)give such guidance as it sees fit, to such persons as seem to it to have an interest in such regulation, on the criteria to be taken into account in determining whether a profession should be so regulated.
(18) Part II of Schedule 1 shall have effect with respect to the statutory committees.
(19) Nothing in this Order shall require or permit any disclosure of information which is prohibited by or under any other enactment.
Commencement Information
I1Art. 3 not in force at made date, see art. 1(2)
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