National Health Service (Appointment of Consultants) (Wales) (Amendment) Regulations 2005

• Citation: S.I. 2005/3039 (W.)
• Sections: 5

Section 1 Title, commencement, application and interpretation

(1) The title of these Regulations is the National Health Service (Appointment of Consultants) (Wales) (Amendment) Regulations 2005 which come into force on 2 November 2005.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations, “the principal Regulations” (“ y prif Reoliadau ”) means the National Health Service (Appointment of Consultants) (Wales) Regulations 1996 .

Section 2 Amendment of regulation 2 of the principal Regulations

(1) Regulation 2 of the principal Regulations (interpretation) is amended as follows.

(2) Before the definition of “application” insert the following definition—

“accredited as a consultant” means—

a person whose name is included in the register of specialists maintained by the General Medical Council pursuant to article 8 of the European Specialist Medical Qualifications Order 1995 (the specialist register); or

a person whose name is included in the register of specialists maintained by the General Medical Council pursuant to article 13 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (the specialist register),

where that person has either been appointed as a consultant by an Armed Services Consultant Appointment Board or appointed to a consultant post with an Authority;

(3) In the definition of “Authority”, after “Special Health Authority,” insert “an NHS trust, a Local Health Board”.

(4) After the definition of “core members” insert the following definition—

“Defence Medical Services” means the medical services of the air force, army and navy of the United Kingdom, whose function is to provide primary and secondary healthcare to service personnel and entitled civilians;

(5) In the definition of “lay member” delete “or NHS trust”.

(6) The definition of “relevant college” is amended as follows—

(a) after paragraph (e) insert “(ee) the Royal College of Paediatrics and Child Health,”;

(b) after paragraph (f) insert “(ff) the Royal College of Physicians and Surgeons of Glasgow,”;

(c) in paragraph (g) delete the word “or”;

(d) in paragraph (h) after the word “Radiologists,” insert the word “or”; and

(e) after paragraph (h) insert “(i) the Royal College of Surgeons of Edinburgh,”.

(7) For the definition of “relevant University” substitute the following—

“relevant University” means—

for an appointment to a Local Health Board any University associated with the provision of health services to that Board;

for an appointment to an NHS trust,

in the case where a University is specified in the Establishment Order for the NHS trust in question, that University; or

in all other cases, any University with a department which teaches the relevant specialty;

Section 3 Amendment of regulation 5 of the principal Regulations

(1) Regulation 5 of the principal Regulations (exempt appointments) is amended as follows.

(2) In paragraph (1), sub-paragraph (d), delete “an NHS trust,”.

(3) In paragraph (1), sub-paragraph (e)(ii) for “NHS trust” substitute “Authority”.

(4) In paragraph (1), sub-paragraph (g)—

(a) for “Public Health Laboratory Service Board” substitute “the Health Protection Agency ( Yr Asiantaeth Diogelu Iechyd) established by the Health Protection Agency Act 2004” ;

(b) for “or that Board” substitute “or Agency”.

(5) After paragraph (1)(g) insert—

(h) a person who has been accredited as a consultant and has been appointed to a consultant post in the Defence Medical Services, and whose appointment to the staff of an Authority will be to a post in which the duties and location of the post are substantially the same as the duties and location of the post previously held in the Defence Medical Services;

(i) a person whose last employment by an Authority was in post as a consultant, the termination of which employment was by reason of retirement and who is appointed to a consultant post in the same Authority without any significant alteration in the duties of the post.

Section 4 Amendment of regulation 6 of the principal Regulations

At the end of paragraph (1) of regulation 6 of the principal Regulations (advertisement of proposed appointment) insert “, and for these purposes only one of the publications may be solely in electronic form”.

Section 5 Amendment of Schedule 1 to the principal Regulations

(1) Schedule 1 to the principal Regulations (constitution of an advisory appointments committee), is amended as follows.

(2) In paragraph 2 in sub-paragraph (b)(i) delete “or”.

(3) In paragraph 2, after sub-paragraph (b)(i), insert the following—

(ia) in the case of a Local Health Board, a practitioner employed within the area of the Board making the appointment,

(ib) in the case of an NHS Trust, a practitioner employed by the trust making the appointment, or

(4) In paragraph 3, omit “substantial”.

(5) At the end of paragraph 6 insert

and where they do so, the requirements of paragraph 2 apply with the following modifications—

(a) the Authorities are to jointly select and appoint one member meeting the requirements of each of paragraphs 2(a) and (b);

(b) where more than two Authorities act together as a single Authority, the Authorities are to each select and appoint at least one member meeting the requirements of each of paragraphs 2(c), (d) and (e);

(c) where two Authorities act together as a single Authority, one of the Authorities is to select and appoint two members, and the other is to select and appoint one member, meeting the requirements respectively of each of paragraphs 2(c), (d) and (e).