Решение № 1235 Постоянного совета

in paragraph 2(3)—

in paragraph 2(4), for “the Health Authority in whose area a Primary Care Trust is established” there is substituted “a Strategic Health Authority whose area includes any part of the area of a Primary Care Trust”,

in paragraph 16(1), for “the Health Authority within whose area the trust’s area falls” there is substituted “each Strategic Health Authority whose area includes any part of the trust’s area”, and

in paragraph 16(3), for “the Health Authority within whose area the trust’s area falls” there is substituted “any Strategic Health Authority whose area includes any part of the trust’s area”.

“or” is inserted after paragraph (a),

paragraph (b) is omitted, and

in paragraph (c), for “16D, 17 or 17A” there is substituted “16D or 17”.

in each of paragraphs (a) and (c), before “Health Authority” there is inserted “Primary Care Trust or”,

after paragraph (a) there is inserted—, and

after paragraph (c) there is inserted—.

for “power conferred by subsection (1) above is” there is substituted “powers conferred by subsections (1) and (1ZA) above are”, and

after “require a” there is inserted “Strategic Health Authority, Primary Care Trust or”.

for “subsection (A1)(b) or (c) or (B1)(b) or (c)” there is substituted “subsection (ZA1)(b) or (c), (A1)(b) or (c), (A2)(b) or (c) or (B1)(b) or (c)”,

before paragraph (a) there is inserted—, and

after paragraph (b) there is inserted—.

in subsection (1)—

in subsection (3B), after “pursuance of” there is inserted “section 16BB or”,

in subsection (4), for “section 18” there is substituted “section 16BB, 18”, and

in subsection (4A)—

after “directions to a” there is inserted “Strategic Health Authority,”,

at the end of paragraph (a) there is inserted “or”, and

paragraphs (bb) and (c) are omitted.

in each of sub-paragraphs (1), (4) and (5), for “Secretary of State” there is substituted “National Assembly for Wales”,

in sub-paragraph (1), for “he” there is substituted “it”,

in sub-paragraph (4)—

in sub-paragraph (5), for “he” there is substituted “the Assembly”.

the “and” at the end of paragraph (a) is omitted,

in paragraph (b), for “(other than general Part II expenditure),” there is substituted “(other than general Part 2 expenditure and remuneration referable to the cost of drugs), and”, and

for the words following paragraph (b) there is substituted—

in sub-paragraph (1)—

in sub-paragraph (2), for “Health Authorities” there is substituted “Primary Care Trusts”, and at the end there is inserted “and the National Assembly for Wales shall make the corresponding determination in relation to Health Authorities and Local Health Boards.”, and

in sub-paragraph (3)—

in paragraph (d), for “particular types of health care” there is substituted “health care”,

the “and” at the end of paragraph (d) is omitted, and

after paragraph (d) there is inserted—.

in subsection (1), after the paragraph (da) inserted by section 12 there is inserted—, and

after the subsections (1A) and (1B) inserted by section 12 there is inserted—

in subsection (1)(a), for “NHS premises” there is substituted “relevant premises”,

in subsection (2)(d), after “section 20(1)(c)” there is inserted “, (d) or (db), or any functions equivalent to those under section 20(1)(c) prescribed under section 20(1)(e)”, and

in subsection (6)—

in sub-paragraph (2), the words after “Commission” are omitted, and

sub-paragraphs (6) and (7) are omitted.

the existing text is renumbered as sub-paragraph (1) of that paragraph,

in that sub-paragraph (1) (as so renumbered), for “a committee” to the end there is substituted—, and

after sub-paragraph (1) there is inserted—

in sub-paragraph (1), for “the exercise of its functions” there is substituted “the way in which the Commission has exercised its functions”, and

As soon as possible after the end of each financial year, the Commission must also make a report to the Secretary of State and the National Assembly for Wales on what it has found in relation to NHS bodies and service providers in the course of exercising its functions during the year. The Secretary of State must lay before Parliament any reports he receives under sub-paragraphs (1) and (1A). The National Assembly for Wales must publish any report it receives under sub-paragraph (1A).

for each NHS trust all or most of whose hospitals, establishments and facilities are situated in England, and

for each Primary Care Trust.

monitor and review the range and operation of services provided by, or under arrangements made by, the trust for which it is established,

obtain the views of patients and their carers about those matters and report on those views to the trust,

provide advice, and make reports and recommendations, about matters relating to the range and operation of those services to the trust,

make available to patients and their carers advice and information about those services,

in prescribed circumstances, perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families and carers,

carry out such other functions as may be prescribed.

should be considered by a relevant overview and scrutiny committee, the Forum may refer that matter to the committee,

should be brought to the attention of the Commission for Patient and Public Involvement in Health, it may refer that matter to the Commission.

co-operate with each other in the exercise of their functions,

exercise functions jointly with one or more other Forums.

services provided as part of the health service in England,

services provided in England in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority, and

services provided elsewhere (and not as part of the health service in England) in pursuance of section 31 arrangements with a local authority in England.

providing independent advocacy services to persons in the Trust’s area or persons to whom services have been provided by, or under arrangements with, the Trust,

making available to patients and their carers advice and information about the making of complaints in relation to services provided by or under arrangements with the Trust, and

representing to persons and bodies which exercise functions in relation to the area of the Trust (including, in particular, any relevant overview and scrutiny committee) the views of members of the public in the Trust’s area about matters affecting their health.

to promote the involvement of members of the public in the area of the Trust in consultations or processes leading (or potentially leading) to decisions by those mentioned in subsection (4), or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public,

to make available advice and information to such members of the public about such involvement,

to advise those mentioned in subsection (4) about how to encourage such involvement (including, in the case of bodies mentioned in subsection (4) to which section 11 of the Health and Social Care Act 2001 (c. 15) applies, advising them how to comply with the requirements of that section in relation to the area of the Primary Care Trust), and

to monitor how successful those mentioned in subsection (4) are at achieving such involvement.

Strategic Health Authorities whose areas include any part of the area of the Primary Care Trust,

the Primary Care Trust itself,

NHS trusts which provide services to patients in the area of the Primary Care Trust,

other public bodies, and

others providing services to the public or a section of the public.

Strategic Health Authorities,

Primary Care Trusts,

Health Authorities,

Local Health Boards,

local authorities,

NHS trusts,

persons providing services under Part 2 of the 1977 Act or under arrangements under section 28C of that Act, or

persons providing piloted services under pilot schemes established under section 28 of the Health and Social Care Act 2001 (c. 15) , or providing LP Services under an LPS scheme established under Schedule 8A to the 1977 Act,

cases and circumstances in which access is to be permitted,

limitations or conditions to which access is to be subject.

prepare a report in relation to its activities in each financial year, and

as soon as possible after the end of each financial year, send a copy of its report for that year to the trust for which it is established, and to the persons mentioned in subsection (2).

the Secretary of State,

the Commission for Patient and Public Involvement in Health,

each Strategic Health Authority whose area includes—

any relevant overview and scrutiny committee within the meaning given by section 15.

the period beginning with the date on which the Forum is established and ending with the next 31st March, and

each successive period of 12 months ending with 31st March.

the appointment of members,

any qualification or disqualification for membership,

terms of appointment,

circumstances in which a person is to cease to be a member or may be suspended,

the proceedings of Patients' Forums,

the discharge of any function of a Patients' Forum by a committee of the Forum or by a joint committee appointed with another Forum,

the appointment, as members of a committee or joint committee, of persons who are not members of the Forum or Forums concerned,

the funding of Patients' Forums and the provision of premises, other facilities and staff,

the payment of travelling and other allowances to members of a Patients' Forum or of a committee of a Forum or a joint committee of two or more Forums (including attendance allowances or compensation for loss of remunerative time),

the preparation by a Patients' Forum of annual accounts, and their inclusion in accounts of the Commission for Patient and Public Involvement in Health,

the provision of information (including descriptions of information which are or are not to be provided) to a Patients' Forum by an NHS trust, a Primary Care Trust, a Strategic Health Authority, the Commission for Patient and Public Involvement in Health or a person providing independent advocacy services (within the meaning given by section 19A of the 1977 Act),

the provision of information by a Patients' Forum to another person (including another Forum),

the referral of matters by a Patients' Forum to a relevant overview and scrutiny committee (within the meaning given by section 15),

the preparation and publication of reports by Patients' Forums (including the publication of reports under section 18),

matters to be included in any such report,

the furnishing and publication by NHS trusts, Primary Care Trusts and Strategic Health Authorities of comments on reports or recommendations of Patients' Forums.

at least one person who is a member or representative of a voluntary organisation whose purpose, or one of whose purposes, is to represent the interests of—

at least one person for whom services are being or have been provided by the trust for which the Patients' Forum is established.

at least one member of the Patients' Forum established for each NHS trust all or most of whose hospitals, establishments and facilities are situated in the area of the Primary Care Trust, and

if it appears to the Commission for Patient and Public Involvement in Health that there is a body which represents members of the public in the Primary Care Trust’s area in matters relating to their health, at least one person who is a member or representative of that body (or, if there is more than one such body, of any of those bodies).

advising the Secretary of State, and such bodies as may be prescribed, about arrangements for public involvement in, and consultation on, matters relating to the health service in England,

advising the Secretary of State, and such bodies as may be prescribed, about arrangements for the provision in England of independent advocacy services,

representing to the Secretary of State and such bodies as may be prescribed, and advising him and them on, the views, as respects the arrangements referred to in paragraphs (a) and (b), of Patients' Forums and those voluntary organisations and other bodies appearing to the Commission to represent the interests of patients of the health service in England and their carers,

providing staff to Patients' Forums established for Primary Care Trusts, and advice and assistance to Patients' Forums and facilitating the co-ordination of their activities,

advising and assisting providers of independent advocacy services in England,

setting quality standards relating to any aspect of — monitoring how successfully they meet those standards, and making recommendations to them about how to improve their performance against those standards,

such other functions in relation to England as may be prescribed.

health service bodies,

other public bodies, and

others providing services to the public or a section of the public.

to review the annual reports of Patients' Forums made under section 18, and

to make, to the Secretary of State or to such other persons or bodies as the Commission thinks fit, such reports or recommendations as the Commission thinks fit concerning any matters arising from those annual reports.

becomes aware in the course of exercising its functions of any matter connected with the health service in England which in its opinion gives rise to concerns about the safety or welfare of patients, and

is not satisfied that the matter is being dealt with, or about the way it is being dealt with,

the regulatory body for the profession of a person working in the health service,

the Commission for Health Improvement.

as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

the Secretary of State,

a Strategic Health Authority ,

a Special Health Authority,

an NHS trust,

a Primary Care Trust.

the references to Health Authorities in section 20 of and Schedule 7 to the 1977 Act are to be construed (until this section comes into force) as including references to Strategic Health Authorities, and

the references in this section to Health Authorities established for areas in England are to have effect as references to Strategic Health Authorities.

prescribed functions of the NHS bodies, and

prescribed health-related functions of the prison service,

for or in connection with the establishment and maintenance of a fund—

for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of theirs,

for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service,

as to the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a), (b) or (c),

as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b),

as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c).

each local authority in Wales, and

each Local Health Board any part of whose area lies within the area of the local authority,

the imposition of a duty on the responsible bodies to co-operate in formulating their strategy with prescribed persons or descriptions of person (including, for example, NHS trusts, Community Health Councils, voluntary bodies, and local businesses),

steps which the responsible bodies must take before formulating the strategy,

matters which the strategy must address,

publication of the strategy,

monitoring and review by the responsible bodies of the strategy and its implementation,

the production of information and reports by the responsible bodies in relation to the strategy,

the avoidance of duplication in the preparation of health and well-being strategies and other prescribed strategies or plans provided for under any other enactment.

give directions to local authorities in Wales, Local Health Boards and NHS trusts in connection with health and well-being strategies,

issue guidance to responsible bodies in connection with them.

“local authority” means county council or county borough council,

“prescribed” means prescribed in regulations made by the National Assembly for Wales,

to promote the interests of users of health care, users of social care in England, users of social work services in England and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “regulatory bodies”), and by their committees and officers,

to promote best practice in the performance of those functions,

to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

the General Medical Council,

the General Dental Council,

the General Optical Council,

the General Osteopathic Council,

the General Chiropractic Council,

the General Pharmaceutical Council,

subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

the Nursing and Midwifery Council,

the Health and Care Professions Council,

any regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act as the successor to a body mentioned in paragraph (h), and

Social Work England and,

any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.

to protect, promote and maintain the health, safety and well-being of the public;

to promote and maintain public confidence in the professions regulated by the regulatory bodies;

to promote and maintain proper professional standards and conduct for members of those professions;

to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies (as defined in article 3(1) of the Pharmacy Order 2010 (S.I. 2010/231)); and

to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989).

a reference to Social Work England, or

a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to social care workers in England.

comply with a request under subsection (4), but

before doing so, consult the regulatory bodies.

make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay.

consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay.

determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay.

requiring the fee to be paid within such period as is specified;

requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

for the recovery of unpaid fees or interest.

the Authority,

the regulatory bodies, and

such other persons as it considers appropriate.

investigate, and report on, the performance by each regulatory body of its functions,

where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,

recommend to a regulatory body changes to the way in which it performs any of its functions.

there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or

an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

taking action under section 28,

where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, ...

investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases , or

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.

conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy Act 1954 (c. 61), other than section 17 (the benevolent fund),

conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act, or

otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy Act 1954.

conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),

conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or

otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

comply with a request under subsection (4), but

before doing so, consult Social Work England.

make a proposal as to the amount of funding that the Secretary of State considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and

determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England would be required to pay.

consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

consult Social Work England about the determination under subsection (7)(b) of the amount it would be required to pay.

determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and

determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England is to be required to pay.

requiring the fee to be paid within such period as is specified;

requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

for the recovery of unpaid fees or interest.

the Authority,

Social Work England, and

such other persons as the Secretary of State considers appropriate.

setting out any directions ... it receives pursuant to subsection (4), and

specifying the date on which the directions are to come into force.

directions varying earlier directions, and

directions revoking earlier directions, and given after—

revoking earlier directions, but

which do not fall within subsection (8)(b),

“making” rules includes amending or revoking rules, and

“rules” includes regulations, byelaws and schemes.

a regulatory body;

a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body.

who (or what description of person) is entitled to complain,

the nature of complaints which the Authority must (or need not) investigate,

matters which are excluded from investigation,

requirements to be complied with by a person who makes a complaint,

the procedure to be followed by the Authority in investigating complaints,

the making of recommendations or reports by the Authority following investigations,

the confidentiality, or disclosure, of any information supplied to the Authority or acquired by it in connection with an investigation,

the use which the Authority may make of any such information,

the making of payments to any persons in connection with investigations,

privilege in relation to any matter published by the Authority in the exercise of its functions under the regulations.

empowering the Authority to require persons to attend before it,

empowering the Authority to require persons to give evidence or produce documents to it,

about the admissibility of evidence,

enabling the Authority to administer oaths.

its exercise of any of its appointment functions in relation to a regulatory body;

its exercise of its function under paragraph 4 of Schedule 7.

its exercise of any of its appointment functions in relation to a regulatory body;

its exercise of its function under paragraph 4 of Schedule 7.

in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),

in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and

in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).

a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),

a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,

a direction by a Medical Practitioners Tribunal of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired ...,

a direction by a Medical Practitioners Tribunal of the General Medical Council under paragraph 5A(3D) or 5C(4) of Schedule 4 to the Medical Act 1983 for suspension of a person’s registration or for conditional registration,

a direction by the Committee on Professional Performance of the General Medical Council under section 36A of that Act (professional performance),

a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired ...,

a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee) ...;

any step taken—

any step taken—

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,

any corresponding measure taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001,

any step taken by the General Medical Council under article 14(2) or (3) of the Anaesthesia Associates and Physician Associates Order 2024,

any corresponding measure taken in relation to a member of a profession regulated by the Health Professions Order 2001, under that Order.

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,

a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,

any corresponding decision taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001, or to any such person as is mentioned in subsection (1)(j) and

a decision of the relevant regulatory body, or one of its committees , panels or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).

a relevant decision falling within subsection (1) has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both, or

a relevant decision falling within subsection (2) should not have been made,

in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,

in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and

in the case of any other person, means the High Court of Justice in England and Wales.

to protect the health, safety and well-being of the public;

to maintain public confidence in the profession concerned; and

to maintain proper professional standards and conduct for members of that profession.

40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision , or

in the case of a relevant decision against which it is not possible for the practitioner concerned to appeal, 56 days beginning with the day on which notification of the decision was served on the person to whom the decision relates.

the case is to be treated by the court to which it has been referred as an appeal by the Authority against the relevant decision (even though the Authority was not a party to the proceedings resulting in the relevant decision), and

the body which made the relevant decision (as well as the person to whom the decision relates) is to be a respondent.

dismiss the appeal,

allow the appeal and quash the relevant decision,

substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or

remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court or, in the case of a relevant decision within subsection (1)(c) or (ca) or a relevant decision within subsection (2)(a) or (c) not to take a disciplinary measure under a provision referred to in subsection (1)(c) or (ca), remit the case to the Medical Practitioners Tribunal Service for them to arrange for a Medical Practitioners Tribunal so to dispose of the case,

unregulated health professionals;

unregulated health care workers;

unregulated social care workers in England;

participating in studies that come within subsection (2) or (3).

a profession to which section 60(2) of the Health Act 1999 applies ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an unregulated health professional,

an unregulated health care worker, or

an unregulated social care worker in England.

in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates,

in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or

in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register.

subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council),

subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and

subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies.

use a title,

practise as a member of a profession,

engage in work that involves the provision of health care,

engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or

participate in studies that come within section 25D(2) or (3).

only to work or practice of a particular kind, and

only when work or practice of that kind is engaged in for particular purposes.

an Act of Parliament,

an Act of the Scottish Parliament,

an Act or Measure of the National Assembly for Wales, or

Northern Ireland legislation.

which is concerned with the physical or mental health of individuals, but

to which section 60(2) of the Health Act 1999 does not apply.

involves the provision of health care, but

is not work which may be engaged in only by members of a profession.