Psychotherapy Bill - continued        House of Lords

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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).
Data protection and access to personal health information.     38. - (1) In section 69(1) of the Data Protection Act 1998 (definition of health professionals), after paragraph (g) there shall be inserted-
 
 
    "(gg) a registered psychotherapist as defined by section 42 of the Psychotherapy Act 2001;".
      (2) The following instruments shall be amended as mentioned in subsection (3)-
 
 
    (a) the Data Protection (Subject Access Modification) (Health) Order 1987;
 
    (b) the Access to Personal Files (Social Services) Regulations 1989; and
 
    (c) the Access to Personal Files (Housing) Regulations 1989.
      (3) In each case, at the end of the Table in the Schedule there shall be inserted-
 
 
 
"Registered psychotherapist
 
Psychotherapy Act 2001, section 42."
      (4) The amendments made by this section shall not be taken to prejudice the power to make further orders or (as the case may be) regulations varying or revoking the amended provisions.
 
Exemption from provisions about rehabilitation of offenders.     39. - (1) In this section "the 1975 Order" means the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (professions etc. with respect to which provisions of the Act of 1974 are excluded).
 
      (2) In Part I of Schedule 1 to the 1975 Order, there shall be inserted at the end-
 
 
  " 13. Registered psychotherapist."
 
      (3) In Part IV of Schedule 1 to the 1975 Order, there shall be inserted in the appropriate place-
 
 
    ""registered psychotherapist" has the meaning given by section 42 of the Psychotherapy Act 2001."
      (4) The amendment of the 1975 Order by this section shall not be taken to prejudice the power to make further orders varying or revoking the amended provisions.
 
Financial provisions.     40. - (1) The General Council shall keep proper accounts of all sums received or paid by it and proper records in relation to those accounts.
 
      (2) The accounts for each financial year of the General Council shall be audited by persons appointed by the Council.
 
      (3) No person may be appointed as an auditor under subsection (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.
 
      (4) As soon as is reasonably practicable after the accounts of the General Council have been audited, the Council shall-
 
 
    (a) cause them to be published, together with any report on them made by the auditors; and
 
    (b) send a copy of the accounts and of any such report to the Privy Council.
      (5) The Privy Council shall lay any copy sent to them under subsection (4) before each House of Parliament.
 
Power to modify Act by Order in Council.     41. In section 60(2) of the Health Act 1999, in paragraph (a), omit "and" and at the end insert "and the Psychotherapy Act 2001".
 
 
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