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

Amendment of section 56 of Act of 2011

160. Section 56 of the Act of 2011 is amended—

(a) by the substitution of the following subsections for subsections (1) and (2):

“(1) The chief executive officer may appoint such and so many members of staff as he or she deems appropriate to be authorised officers to investigate complaints and to assist the chief executive officer and the Preliminary Proceedings Committee in relation to complaints for such period and subject to such terms as the chief executive officer may determine.

(2) Subject to subsection (4), the chief executive officer shall specify the functions to be performed by authorised officers.”,

(b) in subsection (3) —

(i) by the substitution of the following paragraphs for paragraph (a):

“(a) investigating complaints,

(aa) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the chief executive officer or Preliminary Proceedings Committee;”,

and

(ii) by the substitution of the following paragraphs for paragraphs (d) to (f):

“(d) reporting to the chief executive officer;

(e) requesting persons to provide the chief executive officer with statements in writing concerning any matter relevant to the chief executive officer’s or Preliminary Proceedings Committee’s functions and examining statements given in response to the requests;

(f) providing the chief executive officer or Preliminary Proceedings Committee with any other advice or assistance required in relation to the preparation of the chief executive officer’s or Preliminary Proceedings Committee’s reports.”,

(c) in subsection (4) —

(i) by the substitution of “An authorised officer” for “A person appointed under subsection (1)”,

(ii) in paragraph (a), by the deletion of “or take affirmations”, and

(iii) in paragraph (b), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

(d) in subsection (5), by the substitution of “An authorised officer” for “A person appointed under subsection (1)”,

(e) by the substitution of the following subsection for subsection (6):

“(6) The chief executive officer shall provide each authorised officer with a warrant—

(a) identifying the authorised officer, and

(b) specifying the functions that the authorised officer has the authority to perform by virtue of subsection (2) and, if applicable, subsections (4)(b) and (5).”,

and

(f) by the substitution of the following subsection for subsection (7):

“(7) Where an authorised officer performs a function specified in that authorised officer’s warrant provided under subsection (6), the authorised officer shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.”.