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

Amendment of section 2 of Act of 2007

52. Section 2 of the Act of 2007 is amended—

(a) in subsection (1), by the insertion of the following definitions:

“‘condition’ includes a restriction;

‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession;

‘inspect’ includes search;

‘partner’ shall be construed in accordance with the Partnership Act 1890 ;

‘record’ includes, in addition to a record in writing—

(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

(c) a photograph,

and any reference to a copy of a record includes—

(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,

(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and

(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction;

‘relevant profession’ means any of the following professions:

(a) dentist;

(b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;

‘restriction’ includes a condition;

‘this Act’ includes a statutory instrument made under this Act;”,

and

(b) by the insertion of the following subsection after subsection (5):

“(6) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.