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

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The standard of proficiency.     13. - (1) The General Council shall from time to time determine the standard of proficiency which, in its opinion, is required for the competent, safe and ethical practice of psychotherapy.
 
      (2) The Council shall publish a statement of the standard of proficiency determined by it under this section.
 
      (3) If the Council at any time varies the standard so determined it shall publish-
 
 
    (a) a statement of the revised standard; and
 
    (b) a statement of the differences between that standard and the standard as it was immediately before the revision.
      (4) No variation of the standard shall have effect before the end of the period of one year beginning with the date on which the Council publishes the statement required by subsection (3) in connection with that variation.
 
Recognition of qualifications.     14. - (1) For the purposes of this Act, a qualification is a "recognised qualification" if it is recognised by the General Council under this section.
 
      (2) Where the General Council is satisfied that-
 
 
    (a) a qualification granted by an institution in the United Kingdom is evidence of having reached the required standard of proficiency, or
 
    (b) a qualification which such an institution proposes to grant will be evidence of having reached that standard,
  it may, with the approval of the Privy Council, recognise that qualification for the purposes of this Act.
 
      (3) Where the General Council is satisfied that a qualification granted by an institution outside the United Kingdom is evidence of having reached the required standard of proficiency, or of reaching a comparable standard, it may, with the approval of the Privy Council, recognise that qualification for the purposes of this Act.
 
      (4) The General Council may by rules-
 
 
    (a) impose additional conditions for registration, or
 
    (b) provide for any provision made by this Act in relation to conditions for registration to have effect subject to prescribed modifications,
  in the case of any application for registration based on a person's holding a qualification which is recognised under subsection (3).
 
      (5) The General Council shall maintain and publish a list of the qualifications which are for the time being recognised under this section.
 
      (6) Before deciding whether or not to recognise a qualification under this section, the General Council shall consult the Education Committee.
 
      (7) When requesting the approval of the Privy Council for the purposes of subsection (2) or (3), the General Council shall make available to the Privy Council-
 
 
    (a) the information provided to it by the Education Committee; or
 
    (b) where the Privy Council considers it appropriate, a summary of that information.
      (8) The Privy Council shall have regard to the information made available to it under subsection (7) before deciding whether or not to give its approval.
 
      (9) The General Council may by rules make provision requiring the Education Committee to publish a statement indicating-
 
 
    (a) matters on which the Committee will wish to be satisfied before advising the General Council to recognise a qualification under subsection (2); and
 
    (b) matters which may cause the Committee to advise the General Council not to recognise a qualification under subsection (2).
      (10) Where, by virtue of Community law a person ("the psychotherapist") is to be authorised to practise the profession of psychotherapy on the same conditions as a person who holds a recognised qualification-
 
 
    (a) the psychotherapist shall be treated for the purposes of this Act as having a recognised qualification; but
 
    (b) the General Council may, subject to Community law, require him to satisfy specified additional conditions before being registered.
      (11) In subsection (10) "Community law" means any enforceable Community right or any enactment giving effect to a Community obligation.
 
Recognition of qualifications: supplemental.     15. - (1) A qualification may be recognised by the General Council under section 14-
 
 
    (a) only in respect of awards of that qualification made after a specified date;
 
    (b) only in respect of awards made before a specified date; or
 
    (c) only in respect of awards made after a specified date but before a specified date.
      (2) Any date specified under subsection (1) may be earlier than the date on which this Act is passed.
 
      (3) Where the General Council recognises a qualification in one or other of the limited ways allowed for by subsection (1), the limitation shall be specified in the list issued by the Council under section 14(5).
 
      (4) The General Council may, in recognising a qualification under section 14, direct that the qualification is to remain a recognised qualification only so long as such conditions as the General Council sees fit to impose are complied with in relation to the qualification.
 
      (5) Any such condition may at any time be removed by the General Council.
 
      (6) The General Council shall not exercise any of its functions under subsection (4) or (5) without the approval of the Privy Council.
 
      (7) Any institution which is, or is likely to be, affected by a direction given by the General Council under subsection (4) shall be notified by the Council of the direction as soon as is reasonably practicable.
 
      (8) Where an application is made by any institution for the recognition of a qualification under section 14, the General Council shall notify the institution of the result of its application as soon as is reasonably practicable after the Council determines the application.
 
      (9) Where the General Council refuses such an application it shall, when notifying the institution concerned, give reasons for its refusal.
 
Withdrawal of recognition.     16. - (1) Where, as a result of any visitor's report or other information acquired by the Education Committee, the Committee is of the opinion-
 
 
    (a) that a recognised qualification is no longer, or will no longer be, evidence of having reached the required standard of proficiency,
 
    (b) that a proposed qualification which has yet to be granted, but which was recognised by virtue of section 14(2)(b), will not be evidence of having reached that standard, or
 
    (c) that a condition for the continued recognition of a qualification (imposed under section 15(4)) has not been complied with,
  it shall refer the matter to the General Council.
 
      (2) If the General Council is satisfied that the circumstances of the case are as mentioned in subsection (1)(a), (b) or (c) it may, with the approval of the Privy Council, direct that the qualification is no longer to be a recognised qualification for the purposes of this Act.
 
      (3) A direction under subsection (2) shall have effect from the date of the direction or from such later date as may be specified in the direction.
 
      (4) In considering any matter referred to it under subsection (1), the General Council shall have regard to the information on which the Education Committee formed its opinion together with any other relevant information which the Council may have.
 
      (5) When requesting the approval of the Privy Council for the purposes of subsection (2), the General Council shall make available to the Privy Council the information to which it had regard under subsection (4).
 
      (6) The Privy Council shall have regard to the information made available to it under subsection (5) before deciding whether or not to give its approval.
 
      (7) Where the recognition of any qualification is withdrawn under this section, the General Council shall use its best endeavours to secure that any person who is studying for that qualification at any place, at the time when recognition is withdrawn, is given the opportunity to study at that or any other place for a qualification which is recognised.
 
      (8) The withdrawal under this section of recognition from any qualification shall not affect the entitlement of any person to be registered by reference to an award of that qualification made to him before the date on which the direction withdrawing recognition had effect.
 
Post-registration training.     17. - (1) The General Council may make rules requiring registered psychotherapists to undertake further courses of training.
 
      (2) The rules may, in particular, make provision with respect to rules, including provision for their registration to cease to have effect.
 
      (3) Before making, or varying, any rules under this section the General Council shall take such steps as are reasonably practicable to consult those who are registered psychotherapists and such other persons as the Council considers appropriate.
 
Information to be given by institutions.     18. - (1) This section applies to any 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; or
 
    (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" has the same meaning as in section 12.
 
      (3) Whenever required to do so by the General Council, any such institution shall give to the Council such information as the Council may reasonably require in connection with the exercise of its functions under this Act.
 
      (4) The matters with respect to which the General Council may require information under subsection (3) include-
 
 
    (a) the requirements which must be met by any person pursuing the course of study, undergoing the course of training or taking the examination or test in question;
 
    (b) the financial position of the institution;
 
    (c) the efficiency of the institution's management.
      (5) Where an institution refuses any reasonable request for information made by the General Council under this section, the Council may on that ground alone-
 
 
    (a) give a direction under section 16(2) (with the required approval of the Privy Council) in respect of the qualification in question; or
 
    (b) refuse to recognise that qualification under section 14.
 
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