The Medical Profession (Responsible Officers) (Amendment) Regulations 2013
2013 No. 391
Health Care And Associated ProfessionsDoctors
The Medical Profession (Responsible Officers) (Amendment) Regulations 2013
Made 18th February 2013
Laid before Parliament 27th February 2013
Coming into force 1st April 2013
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 45A of the Medical Act 19831and section 120 of the Health and Social Care Act 20082.
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 20103.
Amendment to Part 1 (General)
2.—(1) Part 1 of the 2010 Regulations is amended as follows.
(2) In regulation 1(2)—
(a)
(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)
(b) in the appropriate places insert—
““the Board” means the National Health Service Commissioning Board4;
“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)
(a) before paragraph (1)(a) insert—
“(za)
“(za) the designated body is the Faculty of Medical Leadership and Management5and the medical practitioner holds the post of either the National Medical Director or National Deputy Medical Director of the Board;”;
(b)
(b) after paragraph (1)(a)(i) insert—
“(ia)
“(ia) a Local Education and Training Board6and 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)
(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)
(d) for paragraph (1)(b)(i) substitute—
“(i)
“(i) regulations 3(1)(a) or 3(1)(c) (as the case may be) of the National Health Service (Performers Lists) (England) Regulations 20137;”;
(e)
(e) after paragraph (1)(b)(iii) insert—
“(ba)
“(ba) where none of the preceding sub-paragraphs apply, the designated body is Public Health England8and the medical practitioner is employed by a local authority in England;
(bb)
(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 Pathologists9;”;
(f)
(f) for paragraph (c) substitute—
“(c)
“(c) where none of the preceding sub-paragraphs apply, the medical practitioner is employed by the designated body;”;
(g)
(g) for regulation (f) substitute—
“(f)
“(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)
(h) for regulation (g) substitute—
“(g)
“(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 officers
12.—(1) A registered medical practitioner who is a responsible officer for a body referred to in column 1 of the table has, for the purposes of section 45B of the Act, a prescribed connection with the body, Department or persons referred to in the corresponding entry in column 2 of that table.
|
Column 1 (Body of which a registered medical practitioner is a responsible officer) |
Column 2 (Body with which there is a prescribed connection) |
1.Any Government department or executive agency of a Government department in England. |
1.Department of Health. |
2.Any non-departmental public body in England except the Board. |
2.Department of Health. |
3.Local Education and Training Boards. |
3.Health Education England10. |
|
4.Any body in England not falling within the preceding entries except— (a) the Board, (b) Faculty of Medical Leadership and Management. |
4.the Board. |
5.The Board in respect of a medical practitioner appointed or nominated under regulation 5(2) who holds the post of National Medical Director or National Deputy Medical Director of the Board. |
5.the Faculty of Medical Leadership and Management. |
6.The Board in respect of a medical practitioner appointed or nominated under regulation 5(2) and not falling in the preceding entry. |
6.the Board. |
7.Any body in Scotland. |
7.the Scottish Ministers. |
8.Any body in Wales. |
8.the Welsh Ministers. |
(2) A medical practitioner who is a responsible officer for—
(a)
(a) the Department of Health;
(b)
(b) the Scottish Ministers;
(c)
(c) the Welsh Ministers; or
(d)
(d) the Faculty of Medical Leadership and Management,
does not have a prescribed connection with a designated body under these Regulations.”.
(7) In regulation 13 (responsibilities of responsible officers: prescribed connection under regulation 12) 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.”.
(8) In regulation 14 (provision of resources to responsible officers) in the first line of paragraph (1) after “the responsible officer” insert “or responsible officers (as the case may be)”.
Amendments to Part 3 (additional responsibilities...
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