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The Anaesthesia Associates and Physician Associates Order 2024

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780348255195

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament and the Scottish Parliament under section 62(10) of the Health Act 1999 (c. 8), for approval by resolution of each House of Parliament and by resolution of the Scottish Parliament.

HEALTH CARE AND ASSOCIATED PROFESSIONS

PROFESSIONAL QUALIFICATIONS

Made

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the day of

Present,

The King's Most Excellent Majesty in Council

This Order in Council is made in exercise of the powers conferred by sections 60(1)(b) and 62(4) and (4A) of, and Schedule 3 to, the Health Act 1999f1.

The Secretary of State and the Scottish Ministers published a draft of this Order in Council and invited representations as required by paragraph 9(1) and (3) of Schedule 3 to the Health Act 1999.

The period of three months mentioned in paragraph 9(4) of that Schedule expired before a draft of this Order in Council, together with a report about the consultation, was laid before Parliament and the Scottish Parliament.

A draft of this Order in Council has been approved by resolution of each House of Parliament and the Scottish Parliament in accordance with section 62(10) of the Health Act 1999.

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

Annotations to the whole text

Footnotes

f1

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).

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: STANDARDS AND APPROVALS
  5. 3Standards
  6. 4Approval of education, training, etc.
  7. Part 3: THE REGISTER
  8. 5Register
  9. 6Registration
  10. 7Periodic assessment
  11. 8Conditions on practice as an associate
  12. 9Removal of an entry
  13. Part 4: FITNESS TO PRACTISE
  14. 10Steps which may be taken where a question as to fitness to practise arises
  15. 11Interim Measures
  16. 12Interim Measures - review
  17. 13Final Measures
  18. 14Final Measures - review
  19. Part 5: REVISIONS AND APPEALS
  20. 15Revision of decisions
  21. 16Appeal to a Panel
  22. 17Appeal to a court
  23. Part 6: MISCELLANEOUS
  24. 18Opportunity to make representations
  25. 19Offences relating to registration etc.
  26. 20Schedules 1 and 3 to 5
  27. Signature
  28. Schedule 1: THE REGULATOR
  29. 1Appointment of Registrar etc.
  30. 2Delegation
  31. 3Objective, matters to which the Regulator must have regard and co-operation
  32. 4Default powers of the Privy Council
  33. 5Incidental powers
  34. 6Grant-making power
  35. Schedule 2: LISTED OFFENCES
  36. 1Listed offences
  37. 2Listed offences
  38. 3Listed offences
  39. 4Listed offences
  40. 5Listed offences
  41. 6Listed offences
  42. 7Listed offences
  43. 8Listed offences
  44. 9Listed offences
  45. 10Listed offences
  46. 11Listed offences
  47. 12Listed offences
  48. 13Listed offences
  49. 14Listed offences
  50. Schedule 3: EVIDENCE GATHERING, NOTIFICATIONS, PUBLICATION AND DATA
  51. 1Disclosure of information
  52. 2Notifications
  53. 3Power to publish
  54. 4Duty to publish registration information and certain decisions
  55. 5Duty to publish other matters
  56. 6Information to be included in a report under section 52A of the Medical Act 1983
  57. 7Evidence gathering
  58. 8Further provision as to disclosure
  59. 9Proceedings before a Panel
  60. Schedule 4: RULE-MAKING POWERS
  61. 1Rules as to the register
  62. 2Rules prescribing persons etc. for the purposes of articles 6 and 8
  63. 3Rules as to revision of decisions
  64. 4Procedural rules other than for appeals
  65. 5Procedural rules for appeals
  66. 6Rules as to Panels
  67. 7Rules as to non-compliance
  68. 8Rules as to fees
  69. 9Rules as to notifications
  70. 10Rules as to Panel appointments
  71. 11Rules as to Fitness to Practise
  72. 12Rules as to appeals
  73. 13Rules as to when decisions take effect
  74. 14Rules for the purpose of paragraph 7 of Schedule 3
  75. 15General provision about rules
  76. Schedule 5: CONSEQUENTIAL AMENDMENTS
  77. 1Medical Act 1983
  78. 2Video Recordings Act 1984
  79. 3Police Act 1997
  80. 4National Health Service Reform and Health Care Professions Act 2002
  81. 5Income Tax (Earnings and Pensions) Act 2003
  82. 6Safeguarding Vulnerable Groups Act 2006
  83. 7Data Protection Act 2018
  84. 8Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001
  85. 9Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001
  86. 10Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002
  87. 11Medicines for Human Use (Clinical Trials) Regulations 2004
  88. 12Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004
  89. 13Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004
  90. 14National Assembly for Wales (Representation of the People) Order 2007
  91. 15Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
  92. 16Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008
  93. 17Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011
  94. 18Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011
  95. 19Human Medicines Regulations 2012
  96. 20Social Security (Personal Independence Payment) Regulations 2013
  97. 21Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
  98. 22Public Bodies (Joint Working) (Health Professionals and Social Care Professionals) (Scotland) Regulations 2014
  99. 23Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  100. Explanatory note