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

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Suspension of registration.     7. - (1) Where the Registrar suspends the registration of a psychotherapist in accordance with any provision of this Act, the Registrar shall enter into the register a note of-
    (a) the suspension;
    (b) the period of suspension; and
    (c) the provision under which the suspension was made.
      (2) Where the period of suspension is extended, the Registrar shall note the extension in the register.
      (3) Any psychotherapist whose registration has been suspended shall, for the period of his suspension, cease to be a registered psychotherapist for the purposes of section 32(1).
Restoration to the register of psychotherapists who have been struck off.     8. - (1) Where a person who has had his entry as a fully registered psychotherapist removed from the register as the result of an order under section 22(4)(d) wishes to have his entry restored to the register he shall make an application for registration to the Registrar.
      (2) No such application may be made before the end of the period of ten months beginning with the date on which the order under section 22(4)(d) was made.
      (3) Any application for registration in the circumstances mentioned in subsection (1) (an "application for restoration") shall be referred by the Registrar to the Professional Conduct Committee for determination by that Committee.
      (4) For the purposes of determining an application for restoration-
    (a) the Committee shall exercise the Registrar's functions under section 3; and
    (b) subsection (2) of that section shall have effect as if paragraph (d) were omitted.
      (5) The Committee shall not grant an application for restoration unless it is satisfied that the applicant not only satisfies the requirements of section 3 (as modified) but, having regard in particular to the circumstances which led to the making of the order under section 22(4)(d), is also a fit and proper person to practise the profession of psychotherapy.
      (6) On granting an application for restoration, the Committee-
    (a) shall direct the Registrar to register the applicant as a fully registered psychotherapist; and
    (b) may make a conditions of practice order with respect to him.
      (7) The provisions of section 22 shall have effect in relation to a conditions of practice order made by virtue of subsection (6) as they have effect in relation to one made by virtue of subsection (4)(b) of that section.
      (8) The General Council may by rules make provision in relation to the restoration to the register of conditionally registered psychotherapists or provisionally registered psychotherapists, and any such rules may provide for restoration, in prescribed circumstances, as a fully registered psychotherapist.
Access to the register etc.     9. - (1) The General Council shall-
    (a) make the register available for inspection by members of the public at all reasonable times; and
    (b) publish the register before the end of the period of twelve months beginning with the opening of the register and at least once in every succeeding period of twelve months.
      (2) Any person who asks the General Council for a copy of the most recently published register shall be entitled to have one on payment of such reasonable fee as the Council may determine.
      (3) Subsection (2) shall not be taken as preventing the General Council from providing copies of the register free of charge whenever it considers it appropriate.
      (4) Any copy of, or extract from, the published register shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.
      (5) A certificate purporting to be signed by the Registrar, certifying that a person-
    (a) is registered in a specified category,
    (b) is not registered,
    (c) was registered in a specified category at a specified date or during a specified period,
    (d) was not registered in a specified category, or in any category, at a specified date or during a specified period, or
    (e) has never been registered,
  shall be evidence (and in Scotland sufficient evidence) of the matters certified.
Fraud or error in relation to registration.     10. - (1) The Registrar shall investigate any allegation that an entry in the register has been fraudulently procured or incorrectly made and report on the result of his investigation to the General Council.
      (2) An entry which has been restored to the register under section 6(5) or section 8, or under rules made by virtue of section 8(8), may be treated for the purposes of this section as having been fraudulently procured or incorrectly made if any previous entry from which the restored entry is derived was fraudulently procured or incorrectly made.
      (3) The Registrar may, at any time during his investigation, suspend the registration in question if he is satisfied that it is necessary to do so in order to protect members of the public.
      (4) The General Council shall by rules make provision, in relation to any case where the Registrar proposes to suspend a psychotherapist's registration under subsection (3)-
    (a) giving the psychotherapist concerned an opportunity to appear before the Investigating Committee and argue his case against suspension;
    (b) allowing him to be legally represented; and
    (c) for the Registrar to be made a party to the proceedings.
      (5) If, having considered any report of the Registrar, the General Council is satisfied that the entry in question has been fraudulently procured or incorrectly made it may order the Registrar to remove the entry.
      (6) Where such an order is made, the Registrar shall without delay notify the person whose entry is to be removed-
    (a) of the order; and
    (b) of the right of appeal given by subsection (7).
      (7) Where such an order is made, the person whose entry is to be removed may appeal to Her Majesty in Council.
      (8) Any such appeal-
    (a) must be brought before the end of the period of 28 days beginning with the date on which the order is made; and
    (b) shall be dealt with in accordance with rules made by Her Majesty by Order in Council for the purposes of this section.
      (9) On an appeal under this section, the General Council shall be the respondent.
      (10) The Judicial Committee Act 1833 shall apply in relation to the General Council as it applies in relation to any court from which an appeal lies to Her Majesty in Council.
      (11) Without prejudice to the application of that Act, on an appeal under this section to Her Majesty in Council the Judicial Committee may, in their report, recommend to Her Majesty in Council-
    (a) that the appeal be dismissed; or
    (b) that it be allowed and the order appealed against quashed.
      (12) The General Council may by rules make such further provision as it considers appropriate with respect to suspensions under subsection (3), including in particular provision as to their duration.
Professional education
The Education Committee.     11. - (1) The Education Committee shall have the general duty of promoting high standards of education and training in psychotherapy and keeping the provision made for that education and training under review.
      (2) Where it considers it to be necessary in connection with the discharge of its general duty, the Education Committee may itself provide, or arrange for the provision of, education or training.
      (3) The General Council shall consult the Education Committee on matters relating to education, training, examinations or tests of competence.
      (4) It shall be the duty of the Education Committee to give advice to the General Council on the matters mentioned in subsection (3), either on being consulted by the Council or where it considers it appropriate to do so.
      (5) The Education Committee shall establish sub-committees to give authoritative advice on the educational, training and continuing professional development requirements of the various modalities of psychotherapy.
      (6) At the outset, sub-committees shall be established in the following modalities-
    (a) Psychoanalytic Psychotherapy, Psychoanalysis and Analytical Psychology,
    (b) Cognitive and Behavioural Psychotherapy,
    (c) Family and Systematic Psychotherapy,
    (d) Group Psychotherapy,
    (e) Humanistic and Integrative Psychotherapy,
    (f) Experiential Constructivist Psychotherapy,
    (g) Hypno-psychotherapy,
  and other sub-committees may be established as the Council deems appropriate.
      (7) The Education Committee may, with the agreement of the sub-committees, modify the system of sub-committees set out in subsection (6)(a) to (g) above.
      (8) The Education Committee may, where it deems fit, establish Advisory Committees in respect of particular patient groups or settings.
      (9) The Education Committee shall in the first instance give consideration to the establishment of Advisory Committees for-
    (a) psychotherapy with children,
    (b) psychotherapy within the National Health Service, and
    (c) psychotherapy within the criminal justice system.
Visitors.     12. - (1) The Education Committee may appoint persons to visit any place at which or institution by which or under whose direction-
    (a) any relevant course of study is, or is proposed to be, given;
    (b) any examination is, or is proposed to be, held in connection with any such course;
    (c) any test of competence is, or is proposed to be, conducted in connection with any such course or for any other purpose connected with this Act.
      (2) In subsection (1) "relevant course of study" means any course of study which forms, or is intended to form, part of-
    (a) the complete course of study required in order to obtain a recognised qualification or a qualification for which recognition is being sought; or
    (b) any training which a registered psychotherapist may be required to undergo after registration.
      (3) No person appointed as a visitor may exercise his functions under this section in relation to-
    (a) any place at which he regularly gives instruction in any subject; or
    (b) any institution with which he has a significant connection.
      (4) A person shall not be prevented from being appointed as a visitor merely because he is a member of-
    (a) the General Council; or
    (b) any of its committees.
      (5) Where a visitor visits any place or institution, in the exercise of his functions under this section, he shall report to the Education Committee-
    (a) on the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at that place or by that institution; and
    (b) on such other matters (if any) as he was required to report on by the Committee.
      (6) Requirements of the kind mentioned in subsection (5)(b) may be imposed by the Education Committee-
    (a) generally in relation to all visits;
    (b) generally in relation to all visits made to a specified kind of place or institution; or
    (c) specifically in relation to a particular visit.
      (7) Where a visitor reports to the Education Committee under subsection (5), the Committee shall on receipt of the report-
    (a) send a copy of it to the institution concerned; and
    (b) notify that institution of the period within which it may make observations on, or raise objections to, the report.
      (8) The period specified by the Committee in a notice given under subsection (7)(b) shall not be less than one month beginning with the date on which a copy of the report is sent to the institution under subsection (7)(a).
      (9) The Education Committee shall not take any steps in the light of any report made under subsection (5) before the end of the specified period.
      (10) The General Council may-
    (a) pay fees, allowances and expenses to persons appointed as visitors; or
    (b) treat any such person, for the purposes of paragraph 15(2)(c) to (e) of the Schedule, as a member of its staff.
      (11) In the case of a visitor who is also such a member as is mentioned in subsection (4), any payment made to him in his capacity as a visitor shall be in addition to any to which he is entitled as such a member.
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