Regulated Professions (Health and Social Care) (Amendment) Act 2020

Information Council may publish in public interest

19. The Act of 1985 is amended by the insertion of the following section after section 47:

“47A. (1) Subject to subsection (2), the Council shall—

(a) advise the public—

(i) when any measure referred to in section 47(1)(a) to (e) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act, and

(ii) if satisfied that it is in the public interest to do so, when any measure referred to in section 47(1)(f) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act,

(b) if satisfied that it is in the public interest to do so, advise the public when any measure referred to in section 47(2) in respect of a person whose name is entered in a register maintained under this Act comes to the knowledge of the Council, and

(c) if satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of the Fitness to Practise Committee at an inquiry or, subject to section 38(5), publish all or any part of a report referred to in section 38(3)(c) of the Fitness to Practise Committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified).

(2) Without prejudice to the generality of subsection (1), the Council shall, at the least, use the Council website to effect any advisement or publication referred to in that subsection.

(3) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the High Court arising from the performance of a function under section 39(3) or (4), 40(3) or (4), 41(5) or (9), or 42(3) or (4).”.