UKPHR seeks your views on an amendment to the rules relating to lapse of registration & restoration to the register.
UKPHR sets the conditions for entry onto its register and for remaining on the register. Occasionally, registrants cause their registration to become lapsed, either by positive act, for example, giving UKPHR notice of temporary retirement, or more commonly by omission, for example, non-payment of a registration fee or failure to comply with re-registration requirements on time.
When registrants’ registration becomes lapsed, UKPHR sets the conditions for those registrants to achieve restoration of their registration.
Currently, UKPHR’s conditions for restoration to the register after lapse are set out in rules dated October 2014. Under these rules, different approaches apply depending on the length of time since lapse until the application for restoration to the register is made as follows:
Within 15 working days
Restoration will be made without requiring any additional fee and without loss of continuity of registration provided registration fees are paid up to date and a reason is given for the lapse.
(Note: a second lapse would attract a fee for restoration).
Within 1 year (but over 15 working days)
Registrants must apply to the Registrar for restoration and pay an application fee. The Registrar’s starting point will be to grant the application for restoration but will consider fitness to practise. The Registrar may refuse the application, grant the application and restore the registration with no loss of continuity or grant the application and restore the registration with loss of continuity.
More than 1 year
Registrants must apply to the Registrar and pay an application fee. The Registrar’s starting point will be to refuse to grant restoration of registration. In order to achieve restoration to the register, requester must show exceptional circumstances which justify UKPHR in restoring the requester to the register despite the delay.
UKPHR maintains records of all applications received under these conditions and the Registrar reports decisions made to the Registration Approvals Committee. At a meeting of the Registration Approvals Committee held on 15 December 2016 the Committee expressed its disapproval of the numbers of instances of lapse and called on the Board to consider taking action to reduce them.
The Board considered this request at its meeting on 28 February 2017 and agreed to consider formal amendment of the existing rules at its subsequent meeting on 25 April 2017. At that meeting, the Board agreed the amendment described below and agreed that the amendment was sufficiently significant as to require UKPHR to consult on the rule change before it could be given effect.
One approach UKPHR might adopt would be to reduce the time limits within which restoration to the register will be considered. The Board considered this approach but decided that the existing time limits are reasonable for meeting foreseeable circumstances that might arise in which registrants genuinely had good cause for achieving restoration.
Instead of an approach of reducing periods of time within which registrants should be expected to comply with UKPHR’s requirements, an amendment has been prepared on the basis that a powerful incentive for compliance will be the certainty that lateness in renewing registration (or re-registering) will be reported to the registrant’s employer.
Some registrants have no employer but in other respects UKPHR believes that the current structure and operation of the lapse policy is reasonable and should be retained.
The suggested amended rules in full can be viewed by clicking here.
There is precedent for UKPHR notifying registrants’ employers of information coming to its attention in its capacity as a regulator. When UKPHR receives a complaint raising a question about a registrant’s fitness to practise, the Fitness to Practise Rules (July 2015) require UKPHR, if the Registrant is employed, to inform the registrant’s employer of the complaint (unless the employer is the complainant).
In all other respects, the existing rules relating to lapse and restoration to the register are reconfirmed and UKPHR proposes that they will remain the same as now.
How to take part in the consultation
This consultation opens on Friday 19th May 2017 and will close at 10am on Thursday 29th June 2017.
To complete the consultation online, please click here. We estimate that this survey should take you approximately 15-20 minutes.
You can also provide your responses using a paper version of our consultation.
Alternatively, you are welcome to respond in your own way in writing and send your response to UKPHR by post or email. UKPHR is not prescribing a format for responding to this consultation in this way nor is it providing a form for completion and return.
If you post your response, please address it to:
David Kidney, Chief Executive,
18c Mclaren Building,
46, Priory Queensway,
BIRMINGHAM B4 7LR
If you email your response, please send it to: firstname.lastname@example.org
Please state “Amendment to rules – lapse” in your response.
If you have any questions in relation to this consultation, please email David Kidney at email@example.com or call him on 0121 296 4370