SCHEDULE
Article 2
The Health and Care Professions Council (Miscellaneous Amendments) Rules 2016
The Health and Care Professions Council makes the following Rules in exercise of the powers conferred by articles 5(2)(b), 7(1) and (2), 9(2), 26(3), 32(4) and 41(2) of the Health and Social Work Professions Order 20012.
In accordance with articles 7(1) and (3) and 41(3) of that Order, the Health and Care Professions Council has consulted the Education and Training Committee and representatives of groups of persons it considers appropriate, including representatives of the groups listed in article 41(3) of that Order.
1. Citation and commencement
These Rules may be cited as the Health and Care Professions Council (Miscellaneous Amendments) Rules 2016 and come into force on 3rd October 2016.
2. Amendment of the Health and Care Professions Council (Registration and Fees) Rules 2003
(1) The Health and Care Professions Council (Registration and Fees) Rules 20033are amended as follows.
(2) After rule 2 (interpretation) insert—
“Electronic communication
2ZA.—(1) A requirement in these Rules for a person to send to, or serve upon, another person (“the recipient”) any document may be satisfied by—
(a)
(a) sending it by post to the recipient; or
(b)
(b) transmitting it by electronic means to the recipient: this is subject to paragraph (2).
(2) But a document may only be sent or served by electronic means if the recipient has, in writing (which includes in electronic form), notified the sender and has not withdrawn that notification that the recipient is willing to receive documents of that kind by those means.
(3) For the purposes of paragraph (2), where the intended recipient—
(a)
(a) is not the Council, the Committee or the Registrar, the recipient must provide the sender with the recipient’s e-mail address;
(b)
(b) is the Council, the Committee or the Registrar, the recipient must publish on the Council’s website an e-mail address or other electronic identification to which a document may be sent.
(4) This rule does not apply to an application for—
(a)
(a) admission to the register pursuant to rule 4:this is subject to paragraph(2) of that rule; or
(b)
(b) renewal of registration pursuant to rule 11:this is subject to paragraph (2)(b) of that rule.”.
(3) For rule 4 (applications for registration), substitute—
“Applications for registration
4.—(1) An application for admission to a part of the register shall be—
(a)
(a) made in writing on the form provided by the Council containing the declarations and information listed in Schedule 1;
(b)
(b) signed by the applicant;
(c)
(c) accompanied by—
(i) the registration fee prescribed in rule 14, and
(ii) the scrutiny fee prescribed in rule 17; and
(d)
(d) sent, or given, to the Registrar.
(2) But the Registrar may accept an application for registration which does not comply with sub-paragraphs (a) or (b) of paragraph (1) if the applicant has—
(a)
(a) by electronic means, provided the Registrar with—
(i) the information and any declaration which he would be required to provide if the application was submitted in writing on the appropriate form,
(ii) an attestation as to the accuracy of those matters; and
(b)
(b) complied with all of the other requirements of this rule which apply to him.
(3) An appropriate form for the purposes of paragraph (2) is a form provided by the Council and which contains the information listed in Schedule 1 and any declaration required by that Schedule.
(4) The applicant shall provide in connection with the application for registration—
(a)
(a) 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 Order4, the certificate or other document issued by a competent authority of his attesting 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 Order5, 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;
(b)
(b) evidence...
