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ARTICLE · 20 DECEMBER 2002

The Geographical Limits of Disciplinary and Regulatory Proceedings

Herbert Smith Freehills Kramer LLP
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United KingdomLitigation, Mediation & Arbitration

An important consideration for regulators is whether their powers are constrained by the geographical limits of the United Kingdom. This issue was considered in R(on the application of the Health Professions Council) v The Disciplinary Committee of the Chiropodists Board, 26 November 2002. The Disciplinary Committee of the Chiropodists Board (the Committee) dismissed six charges of professional misconduct against a chiropodist because some of the conduct complained of occurred in New Zealand.

At the relevant time the governing legislation was the Professions Supplementary to Medicine Act 1960 (now replaced by the Health Professions Order 2001 made under the Health Act 1999). Section 9(1) of the 1960 Act provided that (a) where a person who had been convicted by a United Kingdom Court of a criminal offence which in the opinion of the Disciplinary Committee rendered him unfit to be registered or (b) "such a person is judged by the Disciplinary Committee to be guilty of infamous

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