Statutory Instruments
2003 No. 1572

HEALTH CARE AND ASSOCIATED PROFESSIONS
HEALTH PROFESSIONS
The Health Professions Council (Registration and Fees) Rules Order of Council 2003

Made
13th June 2003

Laid before Parliament
17th June 2003

Coming into force
9th July 2003

At the Council Chamber, Whitehall, the 13th day of June 2003

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas in exercise of the powers conferred on it by articles 5(2)(b), 7, 9(2), 10, 11, 12(1)(c)(iii), 33 and 41(2) of the Health Professions Order 2001(1), and of all other powers enabling it in that behalf, the Health Professions Council has made the Health Professions Council (Registration and Fees) Rules 2003 as set out in the Schedule to this Order:
And whereas by articles 41(1) and 42 of the Health Professions Order 2001 such Rules shall not come into force until approved by order of the Privy Council:

Now, therefore, Their Lordships, having taken the Rules into consideration, are pleased to, and do hereby, approve them.

This Order may be cited as the Health Professions Council (Registration and Fees) Rules Order of Council 2003 and shall come into force on 9th July 2003.

A. K. Galloway
Clerk of the Privy Council

SCHEDULETHE HEALTH PROFESSIONS COUNCIL (REGISTRATION AND FEES) RULES 2003

The Health Professions Council, in exercise of its powers under articles 5(2)(b), 7, 9(2), 10, 11, 12(1)(c)(iii), 33 and 41(2) of the Health Professions Order 2001(2) and of all other powers enabling it in that behalf and following consultation in accordance with articles 5(2)(a), 7(1), 7(3) and 41(3) of that Order, hereby makes the following Rules:
Citation and commencement

1.  These Rules may be cited as the Health Professions Council (Registration and Fees) Rules 2003 and shall come into force on 9th July 2003.

Interpretation

2.  In these Rules—

“Committee” means the Education and Training Committee of the Council;

“competent authority” shall be construed in accordance with regulation 2 of the European Communities (Recognition of Professional Qualifications) Regulations 1991(3) or regulation 8 of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002(4) as appropriate;

“doctor” means a registered medical practitioner;

“home relevant State” means the relevant State (within the meaning of the European Communities (Recognition of Professional Qualifications) Regulations 1991 or the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 as appropriate) from which, as the case requires, the applicant originates or comes or in which the applicant formerly qualified in, or practised, the profession to which his application relates;

“the Order” means the Health Professions Order 2001;

“relative”, in relation to any person, means—

(a)
his spouse;

(b)
any lineal ancestor, lineal descendant, brother, sister, aunt, uncle, nephew, niece, or first cousin, of his or of his spouse; or

(c)
the spouse of any relative mentioned in paragraph (b),

and for the purposes of deducing any such relationship “spouse” includes a former spouse, a partner to whom the person is not married, and a partner of the same sex.

The Register

3.—(1) There shall be entered in the register against the full name of each registrant—

(a)his registration number;

(b)his last known home address; and

(c)any qualification of the registrant which has led to his registration.

(2) The home address of a registrant shall not be included in any published version of the register without his consent.

(3) The entries for registrants in each part of the register shall appear in the alphabetical order of their surnames.

(4) The Registrar may enter on the register any other information which is material to a registrant’s registration.

(5) The Registrar shall keep the register in a form and manner which guards against falsification and shall take all reasonable steps to ensure that only he and such persons as have been authorised by him in writing for the purpose shall be able to amend the register or have access to the version of the register which contains entries which are not included in the published version of the register.

Applications for registration

4.—(1) An application for admission to a part of the register shall be—

(a)made in writing on the form specified in Schedule 1;

(b)signed by the applicant;

(c)accompanied by—

(i)the registration fee prescribed in rule 14, and

(ii)if the applicant is relying on article 12(1)(c) of the Order or seeking to be treated as satisfying the requirements of article 9(2)(a) of the Order by virtue of article 13 of the Order, the scrutiny fee prescribed by rule 17; and

(d)sent or given to the Registrar.

(2) The applicant shall provide in connection with the application for registration—

(a)subject to paragraph (3), a reference as to the good character of the applicant given on the form specified in Schedule 3 by a person who—

(i)is not a relative of the applicant,

(ii)is a person of standing in the community which includes a registered professional, doctor, solicitor, accountant, bank manager, Justice of the Peace, principal of the institution which granted the applicant an approved qualification or a person authorised to provide character references by the principal of that institution, Minister of the Church, Rabbi, Imam or other religious official acceptable to the Council, and

(iii)has known the applicant for a period of at least three years;

(b)subject to paragraphs (4) and (5), a reference as to the physical and mental health of the applicant given on the form specified in Schedule 4 by the applicant’s doctor provided he—

(i)is not a relative of the applicant, and

(ii)has been the applicant’s doctor (or in the case of a general practitioner is a partner in the practice of the doctor of whom the applicant has been a patient) for a period of at least three years ending on the date on which the reference is given;

(c)one of the following—

(i)the document which confers an approved qualification on the applicant or other evidence demonstrating that the applicant holds an approved qualification,

(ii)where the applicant is relying on article 12(1)(b) of the Order, the certificate or other document issued by a competent authority of his home relevant State attesting to the applicant’s qualifications and, where appropriate, experience in respect of the profession to which his application relates, or

(iii)where his application is made under article 13 of the Order, such documents, information or evidence as the Committee may reasonably require for the purposes of determining whether by virtue of that article the applicant is to be treated as satisfying the requirements of article 9(2)(a) of the Order, including evidence that he holds the qualification on which he relies in making his application and information as to whether he has been a member of a professional body or has had professional indemnity insurance; and

(d)such other documents, information or evidence as the Committee may reasonably require for the purposes of verifying the information in and determining the application.

(3) Where the applicant is relying on article 12(1)(b) of the Order he may provide, in place of the character reference referred to in paragraph (2)(a)—

(a)a document issued by the competent authority of his home relevant State attesting to the applicant’s good character and confirming that he has not been suspended or prohibited from practising the profession to which his application relates because of professional misconduct or the commission of a criminal offence; or

(b)where the competent authority does not issue such documents, a declaration on oath or solemn declaration attesting to and confirming the matters required by that competent authority to be attested to or confirmed under sub-paragraph (a):

(i)made by the applicant before a competent judicial or administrative authority or (where appropriate) a notary or qualified professional body of his home relevant State, and

(ii)authenticated by a certificate issued by the authority, notary or body.

(4) Where the applicant is relying on article 12(1)(b) of the Order he shall provide—

(a)the document attesting to his physical or mental health required by the competent authority of his home relevant State which regulates the profession to which his application relates; or

(b)where such a document is not required, the reference referred to in paragraph (2)(b).

(5) Where the Committee is satisfied that the applicant cannot provide a health reference in the terms provided by paragraph (2)(b) or (4), the Committee may permit an applicant to provide evidence of his physical and mental health—

(a)by a reference given by a doctor who, in giving the reference, relies on the medical records of the applicant made by another doctor of whom the applicant has been a patient and which relate to a period of at least three years ending on the date on which the reference is given;

(b)by an examination by a doctor nominated by the Committee; or

(c)by such other manner as the Committee considers appropriate in a particular case.

Other conditions of registration

5.—(1) For the purpose of satisfying itself as to the good character of the applicant, the Committee shall have regard to—

(a)the character reference provided under rule 4(2)(a) or (3);

(b)any conviction or caution which the applicant has received in the United Kingdom for a criminal offence or a conviction received elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(c)any determination by a body responsible for regulating or licensing a health or social care profession to the effect that the applicant’s fitness to practise is impaired; and

(d)any other matters which, in the opinion of the Committee, appear to be relevant to the issue,

and for this purpose the Committee may seek information additional to that provided with the application for registration from any person or source as it considers appropriate.

(2) For the purpose of being satisfied as to the physical and mental health of the applicant, the Committee shall have regard to—

(a)the health reference or other evidence provided under rule 4(2)(b), (4) or (5); and

(b)such other matters as appear to it to be relevant,

and for this purpose the Committee may seek information additional to that provided with the application for registration from the applicant and from any other person or source as it considers appropriate and may require the applicant to be examined or further examined by a doctor nominated by the Committee.

Prescribed periods for additional education and training requirements

6.—(1) The prescribed period for the purposes of article 9(2)(a)(i) of the Order is five years (period within which a qualification must have been awarded).

(2) The prescribed period for the purposes of article 10(2)(c) of the Order is two years (period for which a person must have practised since his first registration or latest renewal of registration).

Knowledge of the English language

7.  The Committee may require an applicant who is not an EEA national exercising an enforceable Community right or exempt person to produce evidence that he has sufficient knowledge of spoken and written English to enable him to practise as a registered professional in the United Kingdom safely and competently.

Certificates

8.—(1) The Registrar shall, upon entering the name of a person in the register, issue to that registrant a certificate, in a form determined by the Council, which includes the part of the register in which he is registered, any designated title he may use and the date of registration.

(2) Any certificate issued in accordance with paragraph (1) shall remain the property of the Council and shall be surrendered to the Registrar by the person if—

(a)a striking off order is made against him;

(b)his name is removed from the register; or

(c)for any other reason, the certificate no longer accurately reflects his entry in the register.

(3) Where any certificate is surrendered by a registrant in accordance with paragraph (2)(c) the Registrar shall issue a replacement certificate to that registrant which accurately reflects his entry in the register.

Amendments to register

9.—(1) A registrant shall notify the Registrar in writing within one month of any change in the registrant’s name or home address as given in the register.

(2) The Registrar shall amend the register, so far as may be necessary—

(a)in consequence of any notification under paragraph (1);

(b)to give effect to any order made by a Practice Committee under Part V of the Order;

(c)to give effect to any decision on appeal under article 37 or 38 of the Order; and

(d)to reflect any other information which comes to the attention of the Registrar and which in the Registrar’s opinion requires such an amendment to be made in order to maintain the register’s accuracy.

(3) Before making any amendment under paragraph (2)(a) or (d) the Registrar may make such further enquiries or require such further evidence from the registrant concerned as appears to the Registrar to be appropriate.

Registration period

10.—(1) A person’s registration period is to be determined in accordance with this rule.

(2) The first registration period of a person who, on the date of the coming into force of the first order made by the Privy Council under article 6 of the Order, is transferred to the register from a register maintained under the 1960 Act will end on the date that his last renewal of registration under the 1960 Act would have expired.

(3) Except as provided for in paragraph (2), a person’s first registration period shall begin on the day on which he is first registered in respect of the profession concerned and shall end in the second calendar year after the year in which he was so registered on the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered.

(4) In respect of any registrant, subject to paragraph (5), a registration period subsequent to the first registration period as determined in accordance with paragraph (2) or (3) shall begin on the day after the previous registration period ends and shall be of two years duration.

(5) If a person’s name is removed from the register and he is thereafter readmitted or restored to the register, his registration period shall begin on the day on which he is readmitted or restored and shall end in the second calendar year after the year in which he was readmitted or restored on the date shown in column 2 of Schedule 5 opposite the part of the register shown in column 1 of Schedule 5 in which he is registered.

Renewal of registration

11.—(1) Not less than 42 days before his registration period ends the Committee shall send to a registrant—

(a)an application for the renewal of his registration in the form specified in Schedule 2;

(b)notice of the renewal fee prescribed in rule 15; and

(c)a notice warning the registrant that unless a completed application form accompanied by the renewal fee is received by the Committee on or before the date specified in the notice, the registrant is liable to be removed from the register.

(2) If an application accompanied by the renewal fee is not received by the Committee by the date specified in the notice sent under paragraph (1)(c) the Committee shall send a final notice to the registrant warning that unless his application and fee are received within 14 days (beginning with the day on which the Committee sent the final notice) the registrant’s name may be removed from the register, and if no such application and payment is made the Committee may direct the Registrar to remove the registrant from the register on the expiry of the 14 days or, if later, when the registrant’s registration period has ended.

(3) Any form, warning or notice to be given by the Committee to a registrant under this rule may be sent by post to the home address of the registrant as it appears in the register and shall be treated as sent at the time of its posting.

Application for removal from the register

12.—(1) Without prejudice to any other power of the Registrar to remove a registrant’s name from the register, the Registrar may remove the name of a registrant from the register upon written application made by or on behalf of that registrant.

(2) An application for the removal of a name from the register shall be made in writing and shall be accompanied by a declaration that the registrant concerned is not aware of any matter which could give rise to an allegation against him under article 22 of the Order.

(3) The Registrar may not remove the name of a registrant from the register under this rule if the registrant is subject to any allegation, investigation, proceedings or order of a kind mentioned in rule 13(5).

Lapse of registration

13.—(1) Where in accordance with article 10(3) of the Order, the Committee renews a registrant’s registration subject to a condition that he satisfies a specified requirement of article 10(2)(b) or (c) of the Order within a specified time, the Committee shall inform the registrant at the time it renews his registration that he must, before the expiry of the specified time, confirm in writing that he has complied with the condition and provide evidence which satisfies the Committee that he has done so.

(2) If, by the expiry of the specified time, the Committee—

(a)does not receive the written confirmation and evidence; or

(b)is not satisfied that the registrant has complied with the condition,

it shall send a notice to the registrant stating that, unless before the end of the period of 14 days beginning with the day on which the Committee sent the notice he provides the confirmation and evidence that he has complied with the condition his name will be removed from the register.

(3) If the written confirmation and evidence are not received or the Committee is not satisfied that the registrant has complied with the specified condition within the specified time, the Committee shall instruct the Registrar to remove the registrant’s name from the register.

(4) Where the Committee instructs the Registrar to remove a registrant’s name from the register in accordance with paragraph (3) the Committee shall send him a notice informing him of that fact and advising him of his right of appeal under article 37 of the Order.

(5) A person’s registration shall not lapse and his name shall not be removed from the register under article 10(3) or 11 of the Order if that person—

(a)is the subject of an allegation under article 22(1) of the Order (or is treated as if he were the subject of an allegation under article 22(6) of the Order) or is the subject of any investigation or proceedings under Part V or VI of the Order, on the grounds only that he has not paid the prescribed fee or has failed to apply for renewal in the prescribed form or within the prescribed time; or

(b)is the subject of a suspension order, conditions of practice order, interim suspension order or interim conditions of practice order.

Registration fee

14.—(1) Subject to paragraph (2) the fee to be charged for registration following an application for registration is—

(a)in respect of the first registration period (as determined in accordance with rule 10(3)), where the applicant applies less than one year after the date on which he was first awarded an approved qualification, £60; and

(b)in all other cases, £120.

(2) A person who, on the date of the coming into force of the first order made by the Privy Council under article 6 of the Order, is transferred to the register from a register maintained under the 1960 Act and whose first registration period is determined in accordance with rule 10(2) shall not be liable to pay a registration fee in respect of that first registration period.

Renewal and readmission fee

15.  The fee to be charged for renewal of registration or for readmission to the register is £120.

Restoration fee

16.  The fee to be charged for restoring an entry in the register is £120.

Scrutiny fee

17.—(1) The fee to be charged for scrutinising an application for registration where the applicant is relying on article 12(1)(c), or is seeking to be treated as satisfying the requirements of article 9(2)(a) by virtue of article 13, of the Order is £200.

(2) The scrutiny fee shall be paid at the time an application for registration to which it applies is made.

Payment of fees

18.—(1) Subject to paragraph (2) the Registrar shall not include a person’s name in the register on an application for registration, readmission or restoration or, except as provided in rule 11, renew an entry in the register relating to any person, unless he has paid the prescribed registration fee, readmission fee, restoration fee or renewal fee.

(2) A person may, with the agreement of the Registrar, elect to pay any registration fee, readmission fee, restoration fee or renewal fee in four six-monthly instalments by direct debit and in that event—

(a)the Registrar may make, renew or restore a register entry once the first instalment of that fee has been paid by direct debit; and

(b)references in these Rules to an application being accompanied by any such fee shall be construed as if they were references to the application being accompanied by a direct debit mandate in respect of those fees.

(3) Where—

(a)it has been agreed in accordance with paragraph (2) that any fee is to be paid in instalments by direct debit; and

(b)following the payment of the first instalment and the making, renewal or restoration of a register entry, a subsequent payment is not made by the date on which it is due,

the Registrar shall send a notice to the registrant stating that, if payment is not received within 14 days (beginning with the day on which the Registrar sent the notice) the registrant’s name may be removed from the register, and if no such payment is made, the Registrar may remove the registrant’s name from the register.

(4) A person who satisfies the Council that he has retired from the practice of his profession, leaving unused his registration for a complete year of a registration period, shall, on written application to the Council, be given a refund of half the fee paid by him in respect of that registration period.

SCHEDULE 1Application Form for Admission to the Register

SCHEDULE 2Application Form for Renewal of Registration

rule 4(2)(a)
SCHEDULE 3

Character Reference FormHealth Professions Order 2001

rule 4(2)(b)
SCHEDULE 4

Health Reference FormHealth Professions Order 2001

rule 10

SCHEDULE 5Registration Period

Column 1
COLUMN 2

Part of Register
End of registration period

Arts Therapists: Music, Drama or Art
31st May

Chiropodists (Chiropodists and Podiatrists)
31st July

Clinical Scientists
30th September

Dietitians
30th June

Medical Laboratory Technicians (Biomedical Scientists)
30th November

Occupational Therapists
31st October

Orthoptists
31st August

Paramedics
31st August

Physiotherapists
30th April

Prosthetists and Orthotists
30th September

Radiographers: Diagnostic or Therapeutic
28th February

Speech and Language Therapists
30th September

Sealed with the common seal of the Health Professions Council on 6th June 2003.

L.S.
Norma Brook
Marc Seale
PresidentRegistrar

Explanatory Note

(This note is not part of the Order)
This Order, which is made under the Health Professions Order 2001, approves Rules made by the Health Professions Council in respect of the form of the register it maintains of members of the professions to which the Health Professions Order applies, and the requirements to be satisfied, and the fees to be paid, in connection with applications for inclusion in the register.


(1)
S.I. 2002/254.

(2)
S.I. 2002/254.

(3)
S.I. 1991/824 as amended by S.I. 2000/1960, 2002/880 and 2002/3051.

(4)
S.I. 2002/2934.