Psychotherapy Bill [H.L.] - continued        House of Lords

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Offences
Offences.     32. - (1) A person who (whether expressly or by implication) describes himself as a psychotherapist, psychotherapy practitioner, psychotherapy physician, or any other kind of psychotherapist, is guilty of an offence unless he is a registered psychotherapist.
 
  This subsection does not apply to a person who is registered with the General Medical Council in accordance with the provisions of the Medical Act 1983.
 
      (2) A person who, without reasonable excuse, fails to comply with any requirement imposed by-
 
 
    (a) the Professional Conduct Committee,
 
    (b) the Health Committee, or
 
    (c) an appeal tribunal hearing an appeal under section 30,
       under rules made by virtue of section 26(2)(h) or under any corresponding rules made by virtue of section 30(4) is guilty of an offence.
 
      (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level five on the standard scale.
 
 
Monopolies and competition
Competition and anti-competitive practices.     33. - (1) In this section "regulatory provision" means-
 
 
    (a) any rule made by the General Council;
 
    (b) any provision of the Code of Practice issued by the Council under section 19; and
 
    (c) any other advice or guidance given by the Council, any of its committees or any sub-committee of such a committee.
      (2) Schedule 8 to the Fair Trading Act 1973 (powers exercisable when making certain orders) shall, for the purposes of a competition order, have effect in relation to a regulatory provision as it has effect in relation to an agreement, but with the necessary modifications.
 
      (3) A competition order may be made so as to have effect in relation to a regulatory provision even though that provision was properly made in exercise of functions conferred by this Act.
 
      (4) In this section "a competition order" means an order under section 56 of the Act of 1973 (orders following reports on monopoly references).
 
      (5) For the purposes of any order under section 56 of the Act of 1973, section 90(4) of that Act (power to apply orders to existing agreements) shall have effect in relation to a regulatory provision as it has effect in relation to an agreement.
 
 
Miscellaneous
Default powers of the Privy Council.     34. - (1) If it appears to the Privy Council that the General Council has failed to perform any functions which, in the opinion of the Privy Council, should have been performed, the Privy Council may give the General Council such direction as the Privy Council considers appropriate.
 
      (2) If the General Council fails to comply with any direction given under this section, the Privy Council may itself give effect to the direction.
 
      (3) For the purpose of enabling it to give effect to a direction under subsection (1), the Privy Council may-
 
 
    (a) exercise any power of the General Council or do any act or other thing authorised to be done by the General Council; and
 
    (b) do, of its own motion, any act or other thing which it is otherwise authorised to do under this Act on the instigation of the General Council.
Rules.     35. - (1) The approval of the Privy Council shall be required for exercise by the General Council of a power to make rules under this Act.
 
      (2) Any rules made by the General Council or by Order in Council under this Act may make different provision with respect to different cases, or classes of case and, in particular, different provision with respect to different categories of psychotherapist or registered psychotherapist.
 
      (3) Any Order in Council made under section 10(8)(b) or 31(5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (4) Nothing in any rules made under this Act shall be taken to oblige or entitle any person to act in breach of the law relating to confidentiality.
 
Exercise of powers of Privy Council.     36. - (1) Where the approval of the Privy Council is required by this Act in respect of the making of any rules by the General Council, it shall be given by an order made by the Privy Council.
 
      (2) Any power of the Privy Council under this Act to make an order shall be exercisable by statutory instrument.
 
      (3) Any order approving rules made under section 5, 8(8), 17 or 30 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (4) For the purposes of exercising any powers conferred by this Act (other than the power of hearing appeals) the quorum of the Privy Council shall be two.
 
      (5) Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the Clerk of the Council.
 
      (6) Any document purporting to be-
 
 
    (a) an instrument made by the Privy Council under this Act, and
 
    (b) signed by the Clerk of the Privy Council,
       shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.
 
Professional indemnity insurance.     37. - (1) The General Council may by rules make provision requiring-
 
 
    (a) registered psychotherapists who are practising as psychotherapists, or
 
    (b) prescribed categories of registered psychotherapists who are practising as psychotherapists,
       to secure that they are properly insured against liability to, or in relation to, their patients.
 
      (2) The rules may, in particular-
 
 
    (a) prescribe risks, or descriptions of risk, with respect to which insurance is required;
 
    (b) prescribe the amount of insurance that is required either generally or with respect to prescribed risks;
 
    (c) make such provision as the General Council considers appropriate for the purpose of securing, so far as is reasonably practicable, that the requirements of the rules are complied with;
 
    (d) make provision with respect to failure to comply with their requirements (including provision for treating any failure as constituting unacceptable professional conduct).
 
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