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Arrangement of Clauses (Contents)

Psychotherapy Bill [H.L.]
 
 

 
 
A

B I L L

TO

Establish a body to be known as the General Psychotherapy Council; to provide for the regulation of the profession of psychotherapy, including making provision as to the registration of psychotherapists and as to their professional education and conduct; to make provision in connection with the development and promotion of the profession; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

 
General Council and its committees
The General Psychotherapy Council and its committees.     1. - (1) There shall be a body corporate to be known as the General Psychotherapy Council (referred to in this Act as "the General Council").
 
      (2) It shall be the duty of the General Council to develop, promote and regulate the profession of psychotherapy.
 
      (3) The General Council shall have such other functions as are conferred on it by this Act.
 
      (4) Part I of the Schedule shall have effect with respect to the constitution of the General Council.
 
      (5) There shall be four committees of the General Council, to be known as-
 
 
    (a) the Education Committee;
 
    (b) the Investigation Committee;
 
    (c) the Professional Conduct Committee; and
 
    (d) the Health Committee.
      (6) The four committees are referred to in this Act as "the statutory committees".
 
      (7) Each of the statutory committees shall have the functions conferred on it by or under this Act.
 
      (8) The General Council may establish such other committees as it considers appropriate in connection with the discharge of its functions.
 
      (9) Part II of the Schedule shall have effect with respect to the statutory committees.
 
      (10) At the request of the General Council, Her Majesty may by Order in Council make such provision with respect to the matters dealt with by the Schedule as Her Majesty considers appropriate in consultation with the General Council.
 
      (11) Any such Order in Council shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (12) Any provision under subsection (10) may be made either in substitution for, or as an addition to, that made by any provision of the Schedule.
 
 
Registration of psychotherapists
The Registrar of Psychotherapists.     2. - (1) The General Council shall appoint a person to be the registrar for the purposes of this Act.
 
      (2) The person appointed shall be known as the Registrar of Psychotherapists (referred to in this Act as "the Registrar") and shall hold office for such period and on such terms as the General Council may determine.
 
      (3) It shall be the duty of the Registrar to establish and maintain a register of psychotherapists in accordance with the provisions of this Act.
 
      (4) The Registrar shall have such other functions as the General Council may direct.
 
      (5) Where the terms on which the Registrar holds office include provision for the payment to him of any allowances or expenses, the rate at which those allowances or expenses are paid shall be determined by the General Council.
 
      (6) The terms on which the Registrar holds office may, in addition to providing for his remuneration, include provision for the payment of such pensions, allowances or gratuities to or in respect of him, or such contributions or payments towards provision for such pensions, allowances or gratuities, as may be determined by the General Council.
 
Full registration.     3. - (1) Subject to the provisions of this Act, any person who satisfies the conditions mentioned in subsection (2) shall be entitled to be registered as a fully registered psychotherapist.
 
      (2) The conditions are that the application is made in the prescribed form and manner and that the applicant-
 
 
    (a) has paid the prescribed fee;
 
    (b) satisfies the Registrar that he is of good character;
 
    (c) satisfies the Registrar that he is in good health, both physically and mentally; and
 
    (d) has a recognised qualification.
      (3) Where an application for registration is made during the transitional period by a person who was in practice as a psychotherapist at any time before the opening of the register, he shall be treated as having a recognised qualification if he satisfies the Registrar that for a period of at least ten years (which need not be continuous) he has spent a substantial part of his working time in the lawful, safe, ethical and competent practice of psychotherapy.
 
      (4) For the purposes of subsection (3), no account shall be taken of any work done by the applicant before the beginning of the period of twelve years ending with the opening of the register.
 
      (5) For the purposes of subsection (3), the question whether the applicant has spent any part of his working time in the lawful, safe, ethical and competent practice of psychotherapy shall be determined in accordance with such rules (if any) as may be made by the General Council.
 
      (6) The General Council may by rules provide for treating a person who-
 
 
    (a) has obtained a qualification in psychotherapy outside the United Kingdom,
 
    (b) does not hold a recognised qualification, but
 
    (c) satisfies the Registrar that he has reached the required standard of proficiency,
       as holding a recognised qualification for the purposes of this Act.
 
      (7) In this section "transitional period" means the period of two years beginning with the opening of the register.
 
Conditional registration.     4. - (1) Subject to the provisions of this Act, any person who satisfies the conditions mentioned in subsection (2) shall be entitled to be registered as a conditionally registered psychotherapist.
 
      (2) The conditions are that the application is made in the prescribed form and manner during the transitional period and that the applicant-
 
 
    (a) has paid the prescribed fee;
 
    (b) satisfies the Registrar that he is of good character;
 
    (c) satisfies the Registrar that he is in good health, both physically and mentally;
 
    (d) satisfies the Registrar that for a period of at least ten years (which need not be continuous) he has spent a substantial part of his working time in the lawful, safe, ethical and competent practice of psychotherapy;
 
    (e) if required to do so by the Registrar in accordance with rules made by the General Council, passes-
 
      (i) the prescribed test of competence; or
 
      (ii) such part of that test as the Registrar may specify; and
 
    (f) gives the required undertaking.
      (3) In the application of subsection (2)(d), in relation to any person, no account shall be taken of any work done by him before the beginning of the period of twelve years ending with the opening of the register.
 
      (4) The General Council may by rules provide for the conversion, in prescribed circumstances and subject to the psychotherapist concerned complying with such conditions (if any) as may be prescribed, of conditional registration into full registration.
 
      (5) Unless it is converted into full registration in accordance with the rules, any conditional registration shall cease to have effect-
 
 
    (a) at the end of the period of five years beginning with the opening of the register; or
 
    (b) where a shorter period has been specified by the Registrar in accordance with subsection (10) in relation to the psychotherapist in question, at the end of that shorter period.
      (6) In dealing with an application for registration made during the transitional period by a person who-
 
 
    (a) cannot meet the requirement of subsection (2)(d), but
 
    (b) has a qualification in psychotherapy which, while not being a recognised qualification, has not been refused recognition by the General Council,
       the Registrar shall refer the matter to the Education Committee.
 
      (7) Where a reference is made to the Education Committee under subsection (6), it shall be the duty of the Committee to advise the General Council.
 
      (8) If, after considering the advice of the Education Committee, the General Council is satisfied that it is appropriate to do so, it shall direct the Registrar to disregard subsection (2)(d) in relation to the application in question.
 
      (9) For the purposes of subsection (2)(d), the question whether the applicant has spent any part of his working time in the lawful, safe, ethical and competent practice of psychotherapy shall be determined in accordance with such rules (if any) as may be made by the General Council.
 
      (10) In this section-
 
 
    "required undertaking" means an undertaking that the person giving it will, before the end of the period of five years beginning with the opening of the register or such shorter period as the Registrar may specify in relation to the applicant-
 
      (a) complete such additional training and acquire such experience as may be specified by the Registrar in accordance with rules made by the General Council; and
 
      (b) comply with such other conditions (if any) as may be imposed on him by the Registrar in accordance with such rules; and
 
    "transitional period" means the period of two years beginning with the opening of the register.
      (11) Rules made by virtue of paragraph (b) in the definition of "required undertaking" in subsection (10) may, in particular, provide for the Registrar to be able to impose, as a condition, the passing of a test of competence specified by the Registrar.
 
Provisional registration.     5. - (1) The General Council may make rules providing for all applicants for registration who are entitled to be registered with full registration, or all such applicants falling within a prescribed class, to be registered initially with provisional registration.
 
      (2) No such rules shall be made before the end of the period of two years beginning with the opening of the register.
 
      (3) Before making any rules under subsection (1), the General Council shall take such steps as are reasonably practicable to consult those who are registered psychotherapists.
 
      (4) The General Council may by rules provide for the conversion, in prescribed circumstances and subject to the psychotherapist concerned complying with such conditions (if any) as may be prescribed, of provisional registration into full registration.
 
      (5) Unless it is converted into full registration in accordance with the rules, any provisional registration shall cease to have effect at the end of the period of one year beginning with the date on which it is entered in the register.
 
      (6) A provisionally registered psychotherapist shall not practise psychotherapy except under the supervision of a fully registered psychotherapist who is approved by the General Council for the purposes of this subsection.
 
      (7) The General Council shall maintain a list of those fully registered psychotherapists who are for the time being approved by the Council for the purposes of subsection (6).
 
Registration: supplemental provision.     6. - (1) The register shall show, in relation to each registered psychotherapist-
 
 
    (a) whether he is registered with full, conditional or provisional registration;
 
    (b) the address at which he has his practice or principal practice or, if he is not practising, such address as may be prescribed; and
 
    (c) any recognised qualification which he holds and by whom awarded.
      (2) The General Council may make rules in connection with registration and the register and as to the payment of fees.
 
      (3) The rules may, in particular, make provision as to-
 
 
    (a) the form and keeping of the register;
 
    (b) the form and manner in which applications for registration are to be made;
 
    (c) the documentary and other evidence which is to accompany applications for registration;
 
    (d) the manner in which the Registrar is to satisfy himself as to the good character and competence of any person applying for registration and the procedure for so doing;
 
    (e) the manner in which the Registrar is to satisfy himself as to the physical and mental health of any person applying for registration and the procedure for so doing;
 
    (f) the description of persons from whom references are to be provided for persons applying for registration;
 
    (g) in the case of an application for conditional registration, the conditions or kinds of condition which may be imposed on the psychotherapist concerned;
 
    (h) the making, periodic renewal and removal of entries in the register;
 
    (i) the giving of reasons for any removal of, or refusal to renew, an entry in the register;
 
    (j) any failure on the part of a registered psychotherapist to comply with any conditions subject to which his registration has effect, including provision for the Registrar to refuse to renew his registration or for the removal of his name from the register;
 
    (k) the issue and form of certificates;
 
    (l) the content, assessment and conduct of any test of competence imposed under section 4;
 
    (m) the meaning of "principal practice" for the purposes of subsection (1).
      (4) The rules may, in particular, also make provision-
 
 
    (a) prescribing the fee to be charged for making an entry in the register or restoring such an entry;
 
    (b) prescribing the fee to be charged in respect of the retention in the register of any entry in any year following the year in which the entry was first made;
 
    (c) providing for the entry in the register of qualifications (whether or not they are recognised qualifications) possessed by registered psychotherapists and the removal of such an entry;
 
    (d) prescribing the fee to be charged in respect of the making or removal of any entry of a kind mentioned in paragraph (c);
 
    (e) authorising the Registrar-
 
      (i) to refuse to make an entry in the register, or restore such an entry, until the prescribed fee has been paid;
 
      (ii) to remove from the register any entry relating to a person who, after the prescribed notice has been given, fails to pay the fee prescribed in respect of the retention of the entry.
      (5) A person who has failed to renew his registration as a psychotherapist shall be entitled to have his entry restored to the register on payment of the prescribed fee.
 
 
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