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The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

S.I. 2009/1182 · Made 13 May 2009

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Health Care And Associated Professions

Made 13th May 2009

Coming into force in accordance with article 1(2) to (9)

At the Court at Buckingham Palace, the 13th day of May 2009

Present,

The Queen’s Most Excellent Majesty in Council

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

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

The period of three months mentioned in paragraph 9(4) of that Schedule expired before a draft of this Order in Council 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 that Act.

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

Annotations to the whole text

Footnotes

f1

1999 c.8. Section 60 has been amended by: the National Health Service Reform and Health Care Professions Act 2002 (c.17) (“the 2002 Act”), section 26(9); the Health and Social Care Act 2008 (c.14) (“the 2008 Act”), Schedule 8, paragraph 1, and Schedule 10, paragraph 10; and S.I. 2002/253 and 254. Section 62 has been amended by: the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 194 and 197, and Schedule 4; and the 2008 Act, Schedule 8, paragraph 2, and Schedule 10, paragraph 11. Schedule 3 has been amended by: the 2002 Act, section 26(10); the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 11, paragraph 67, and Schedule 14, Part 4; the Health Act 2006 (c.28), section 33 and Schedule 9; the 2008 Act, Schedule 8, paragraphs 3 to 10 (although paragraph 10 is not yet in force); and S.I. 2002/254.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Amendments to the principal measures
  4. 4Amendments to and revocations of other legislation
  5. 5Transitory and transitional provisions relating to the introduction of statutory registration of practitioner psychologists
  6. 6Saving provisions relating to procedures for making or approving legislation
  7. 7Transitional and saving measures relating to the General Dental Council
  8. 8Cancellation of elections to, and transitional measures relating to, the Health Professions Council
  9. 9Transitional, transitory or saving provisions orders
  10. 10Privy Council procedures etc.
  11. Signature
  12. Schedule 1: Amendments to the Dentists Act 1984
  13. 1Amendment of section 1
  14. 2Amendment of section 2
  15. 3Amendment of section 2A
  16. 4Substitution of section 2B
  17. 5Amendment of section 2C
  18. 6New section 2E
  19. 7Amendment of section 27
  20. 8Amendment of section 36N
  21. 9Amendment of section 41
  22. 10Amendment of section 50C
  23. 11Amendment of section 51
  24. 12Amendment of section 53
  25. 13Amendment of Schedule 1
  26. Schedule 2: Amendments to the Health Professions Order 2001
  27. 1Amendment of article 3
  28. 2Amendment of article 5
  29. 3Amendment of article 13
  30. 4Amendment of article 21
  31. 5Amendment of article 22
  32. 6Amendment of article 25
  33. 7Amendment of article 27
  34. 8Amendment of article 32
  35. 9Amendment of article 37
  36. 10Amendment of article 39
  37. 11Amendment of article 41
  38. 12Amendment of article 42
  39. 13Substitution of article 44
  40. 14Amendment of article 46
  41. 15Amendment of Schedule 1
  42. 16Amendment of Schedule 3
  43. 17Temporary measures pending the introduction of the new composition of the Council
  44. 18Potential temporary measures if registration of practitioner psychologists is introduced before the reform of the composition of the Council
  45. Schedule 3: Amendments to the Pharmacists and Pharmacy Technicians Order 2007
  46. 1Amendment of article 2
  47. 2Amendment of article 3
  48. 3Amendment of article 4
  49. 4Amendment of article 6
  50. 5Amendment of article 7
  51. 6New articles 19A and 19B
  52. 7Amendment of article 22
  53. 8Amendment of article 23
  54. 9Amendment of article 24
  55. 10Amendment of article 25
  56. 11Amendment of article 30
  57. 12Amendment of article 32
  58. 13Amendment of article 34
  59. 14Amendment of article 40
  60. 15Amendment of article 42
  61. 16Amendment of article 44
  62. 17Amendment of article 46
  63. 18Amendment of article 48
  64. 19Amendment of article 49
  65. 20Amendment of article 53
  66. 21Amendment of article 54
  67. 22Amendment of article 56
  68. 23Amendment of article 58
  69. 24Amendment of article 66
  70. 25Amendment of article 69
  71. 26Amendment of Schedule 2
  72. Schedule 4: Amendments to and revocations of subordinate legislation
  73. Part 1: Amendments relating to the introduction of statutory regulation of practitioner psychologists
  74. 1Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  75. 2Amendment of the Representation of the People (England and Wales) Regulations 2001
  76. 3Amendment of the Representation of the People (Scotland) Regulations 2001
  77. 4Amendment of the Care Homes Regulations 2001
  78. 5Amendment of the Private and Voluntary Health Care (England) Regulations 2001
  79. 6Amendment of the Care Homes (Wales) Regulations 2002
  80. 7Amendment of the Private and Voluntary Health Care (Wales) Regulations 2002
  81. 8Amendment of the Health Professions (Parts of and Entries in the Register) Order of Council 2003
  82. 9Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
  83. 10Amendment of the Health Professions Council (Registration Appeals) Rules 2003
  84. 11Amendment of the Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004
  85. 12Amendment of the Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No.2) Regulations 2004
  86. 13Amendment of the Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No.2) Regulations 2004
  87. 14Amendment of the Regulation of Care (Social Service Workers) (Scotland) Order 2005
  88. 15Amendment of the Scottish Parliament (Elections etc.) Order 2007
  89. 16Amendment of the National Assembly for Wales (Representation of the People) Order 2007
  90. 17Amendment of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007
  91. 18Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007
  92. Part 2: Amendments relating to barring entries
  93. 19Amendment of the General Osteopathic Council (Professional Conduct Committee) (Procedure) Rules 2000
  94. 20Amendment of the General Chiropractic Council (Professional Conduct Committee) Rules 2000
  95. 21Amendment of the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003
  96. 22Amendment of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004
  97. 23Amendment of the General Medical Council (Fitness to Practise) Rules 2004
  98. 24Amendment of the General Optical Council (Fitness to Practise) Rules 2005
  99. 25Amendment of the General Dental Council (Fitness to Practise) Rules 2006
  100. 26Amendment of the Royal Pharmaceutical Society of Great Britain (Registration) Rules 2007
  101. 27Amendment of the Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc.) Rules 2007
  102. Part 3: Amendments relating to the introduction of statutory regulation of pharmacy technicians
  103. 28Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
  104. 29Amendment of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005
  105. 30Amendment of the Royal Pharmaceutical Society of Great Britain (Registration) Rules 2007
  106. 31Amendment of the Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Disqualification etc.) Rules 2007
  107. 32Amendment of the Royal Pharmaceutical Society of Great Britain (Fitness to Practise and Registration Appeals Committees and their Advisers) Rules 2007
  108. 33Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007
  109. Part 4: Revocations relating to constitutional changes to the General Dental Council
  110. 34Revocation of the General Dental Council (Constitution) Order of Council 2006
  111. 35Revocation of the General Dental Council (Constitution of Committees) Order of Council 2006
  112. Part 5: Revocations relating to constitutional changes to the Health Professions Council
  113. 36Revocation of the Health Professions Council’s Practice Committees Constitution Rules
  114. Part 6: Miscellaneous updating and consequential amendments
  115. 37Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  116. 38Amendment of the Nursing and Midwifery Order 2001
  117. 39Amendment of the Representation of the People (England and Wales) Regulations 2001
  118. 40Amendment of the Representation of the People (Scotland) Regulations 2001
  119. 41Amendment of the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004
  120. 42Amendment of the National Assembly for Wales (Representation of the People) Order 2007
  121. 43Amendment of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007
  122. 44Amendment of the Scottish Parliament (Elections etc. Order) 2007
  123. 45Amendment of the Royal Pharmaceutical Society of Great Britain (Registration) Rules 2007
  124. Schedule 5: Amendments to Acts of Parliament, Acts of the Scottish Parliament and Northern Ireland legislation
  125. Part 1: Amendments to Acts of Parliament
  126. 1Amendment of the Osteopaths Act 1993
  127. 2Amendment of the Chiropractors Act 1994
  128. 3Amendment of the Criminal Procedure (Scotland) Act 1995
  129. 4Amendment of the Data Protection Act 1998
  130. 5Amendment of the Powers of Criminal Courts (Sentencing) Act 2000
  131. 6Amendment of the Income Tax (Earnings and Pensions) Act 2003
  132. 7Amendment of the Criminal Justice Act 2003
  133. 8Amendment of the Gender Recognition Act 2004
  134. 9Amendment of the Safeguarding Vulnerable Groups Act 2006
  135. 10Amendment of the Criminal Justice and Immigration Act 2008
  136. Part 2: Amendments to Acts of the Scottish Parliament
  137. 11Amendment of the Criminal Justice (Scotland) Act 2003
  138. 12Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007
  139. Part 3: Amendment of Northern Ireland legislation
  140. 13Amendment of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
  141. Explanatory note