The Medical Profession (Responsible Officers) (Amendment) Regulations 2013

2013No. 391

HEALTH CARE AND ASSOCIATED PROFESSIONS

DOCTORS

The Medical Profession (Responsible Officers) (Amendment) Regulations 2013

18thFebruary2013

27thFebruary2013

1stApril2013

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 45A of the Medical Act 1983( 1) and section 120 of the Health and Social Care Act 2008( 2).

The Secretary of State has consulted the Scottish Ministers and the Welsh Ministers in accordance with section 45E(2) of the Medical Act 1983.

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Medical Profession (Responsible Officers) (Amendment) Regulations 2013 and shall come into force on 1st April 2013.

(2) In these Regulations-

"the 2010 Regulations" means the Medical Profession (Responsible Officers) Regulations 2010( 3).

Amendment to Part 1 (General)

2.-(1) Part 1 of the 2010 Regulations is amended as follows.

(2) In regulation 1(2)-

(a) for the definition "NHS body" substitute-

""NHS body" means any of the bodies listed in paragraphs 1 to 6, 15 to 17 and 25C of the Schedule to these Regulations;";

(b) in the appropriate places insert-

""the Board" means the National Health Service Commissioning Board( 4);

"sufficient number of responsible officers" means the number of responsible officers required to ensure that each responsible officer appointed under regulation 5(2) has the capacity to carryout their responsibilities in regulations 11 and 13.".

Amendment to Part 2 (Responsible Officers)

3.-(1) Part 2 of the 2010 Regulations is amended as follows.

(2) For regulation 5 substitute-

"Duty to nominate or appoint responsible officers

5.

-(1) Subject to the following provisions of this regulation, every designated body must nominate or appoint a responsible officer.

(2) The Board must nominate or appoint a sufficient number of responsible officers.

(3) When a responsible officer nominated or appointed in accordance with paragraph (1) or (2) ceases to hold that position, subject to paragraph (4), the designated body must nominate or appoint a replacement as soon as reasonably practicable.

(4) When a responsible officer nominated or appointed in accordance with paragraph (2) ceases to hold that position, the Board is not required to nominate or appoint a replacement if, in its opinion, there remains a sufficient number of responsible officers appointed or nominated under that paragraph.

(5) Subject to paragraph (6), a body listed in Part 2 of the Schedule to these Regulations which is a designated body by virtue of regulation 4(3) is not required to nominate or appoint a responsible officer if, and for so long as, there is no prescribed connection under regulation 10 between that body and any medical practitioner.

(6) Paragraph (5) does not apply where a medical practitioner would have, but for the application of regulation 12, a prescribed connection with a designated body under regulation 10.".

(3) In regulation 9(1)(a) (nomination of responsible officer by the Secretary of State) after "responsible officer" insert "or a sufficient number of responsible officers".

(4) In regulation 10 (connection between designated bodies and medical practitioners)-

(a) before paragraph (1)(a) insert-

"(za) the designated body is the Faculty of Medical Leadership and Management( 5) and the medical practitioner holds the post of either the National Medical Director or National Deputy Medical Director of the Board;";

(b) after paragraph (1)(a)(i) insert-

"(ia) a Local Education and Training Board( 6) and the medical practitioner is a doctor in training who is a member of a foundation or speciality training programme managed by that Board; or";

(c) in paragraph (1)(b)-

(i) for "where sub-paragraph (a) does not apply" substitute "where none of the preceding sub-paragraphs apply",

(ii) after "medical performers list" insert "or ophthalmic performers list";

(d) for paragraph (1)(b)(i) substitute-

"(i) regulations 3(1)(a) or 3(1)(c) (as the case may be) of the National Health Service (Performers Lists) (England) Regulations 2013( 7);";

(e) after paragraph (1)(b)(iii) insert-

"(ba) where none of the preceding sub-paragraphs apply, the designated body is Public Health England( 8) and the medical practitioner is employed by a local authority in England;

(bb) where none of the preceding sub-paragraphs apply, the designated body is the Pathology Delivery Board and the medical practitioner is on the Home Office Register of Forensic Pathologists( 9);";

(f) for paragraph (c) substitute-

"(c) where none of the preceding sub-paragraphs apply, the medical practitioner is employed by the designated body;";

(g) for regulation (f) substitute-

"(f) the designated body owns or manages a hospital and the medical practitioner has responsibility for treating patients in that hospital in accordance with practising privileges for that hospital;";

(h) for regulation (g) substitute-

"(g) where none of the preceding sub-paragraphs apply, the designated body is-

(i) the Faculty of Occupational Medicine,

(ii) the Faculty of Public Health,

(iii) the Faculty of Pharmaceutical Medicine,

(iv) the Faculty of Homeopathy,

(v) the Faculty of Medical Leadership and Management, or

(vi) the British College of Aesthetic Medicine,

and the medical practitioner is a member of that body, or where the medical practitioner is a member of more than one of those bodies, that body with which the medical practitioner has been a member for the longest period;".

(5) In regulation 11 (responsibilities of responsible officers: prescribed connection under regulation 10) for paragraph (6) substitute-

"(6) Where a responsible officer is nominated or appointed in accordance with regulation 5(2) (the Board: sufficient number of responsible officers) the division of responsibilities under paragraph (1) for each responsible officer is to be determined by the Board.".

(6) For regulation 12 (connection between designated bodies and medical practitioners who are responsible officers) substitute-

"Connection between designated bodies and medical practitioners who are responsible...

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