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

• Citation: S.I. 2013/391
• Sections: 6

Section 1 Citation, commencement and interpretation

(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 .

Section 2 Amendment to Part 1 (General)

(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 ;

“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.

Section 3 Amendment to Part 2 (Responsible Officers)

(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 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 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 ;

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

(ba) where none of the preceding sub-paragraphs apply, the designated body is Public Health England 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 ;

(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 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.

2. Any non-departmental public body in England except the Board.

3. Local Education and Training Boards.

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 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. the Scottish Ministers.

8. the Welsh Ministers.

(2) A medical practitioner who is a responsible officer for—

(a) the Department of Health;

(b) the Scottish Ministers;

(c) the Welsh Ministers; or

(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)”.

Section 4 Amendments to Part 3 (additional responsibilities of responsible officers: England)

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

(2) In regulation 16 (additional responsibilities of responsible officers: prescribed connection under regulation 10)—

(a) after paragraph (2)(a) insert—

(aa) ensure that medical practitioners have sufficient knowledge of the English language necessary for the work to be performed in a safe and competent manner;

(b) for paragraph 2(d) substitute—

(d) where the designated body is the Board, manage admission to the medical performers list in accordance with the National Health Service (Performers Lists) Regulations 2013 ;

(3) In regulation 18 (duty to have regard to guidance) for paragraph (b) substitute—

(b) guidance given by the National Clinical Assessment Service division of the National Health Service Litigation Authority , to the extent that it relates to the nomination or appointment of responsible officers or their prescribed responsibilities; and

(c) guidance given by the Board to the extent that it relates to the responsible officer’s duties under regulation 16(2)(aa).

(4) In regulation 19 (provision of resources to responsible officers) in the first line of paragraph (1) after “its responsible officer” insert “or responsible officers (as the case may be)”.

Section 5 Amendments to the Schedule (Designated Bodies)

(1) Part 1 of the Schedule (designated bodies) to the 2010 Regulations is amended as follows.

(2) In paragraph 1 for “Primary Care Trusts” substitute “the Board”.

(3) In paragraph 3 for “National Health Service trusts” substitute “National Health Service trusts other than Ambulance Trusts”.

(4) In paragraph 4 for “NHS foundation trusts” substitute “NHS foundation trusts other than Ambulance Trusts”.

(5) Omit paragraph 5 (Strategic Health Authorities).

(6) After paragraph 14 insert—

(14A) Local Education and Training Boards.

(14B) Pathology Delivery Board.

Section 6 Amendments to the Schedule (Designated Bodies)

(1) Part 2 of the Schedule (designated bodies which employ or contract with medical practitioners) to the 2010 Regulations is amended as follows.

(2) For paragraph 20(b) substitute—

(b) locum agencies in England and Wales which supply medical locums under the Framework Agreement for the supply of locum doctors (including locum general practitioners) to NHS bodies and the wider public sector .

(3) After paragraph 25 insert—

(25A) Any organisation engaged in providing the services of medical practitioners to work as resident medical officers in independent hospitals.

(25B) Any organisation engaged in providing medical defence services to medical practitioners in respect of claims for medical negligence or professional misconduct.

(25C) Ambulance Trusts.

(25D) The British College of Aesthetic Medicine.

(25E) The Faculty of Homeopathy.