NHS Acute Medical and Surgical Services (Working Time Directive) Bill (HC Bill 140)

A

BILL

TO

Require the Secretary of State to conduct an assessment of the impact of the

European Union Working Time Directive on NHS acute medical and surgical

services; to require the Secretary of State to make provision to exempt NHS

acute medical and surgical services from the European Union Working Time

Directive in the light of that assessment if certain conditions are met; and for

connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Departmental analysis

(1) The Secretary of State must conduct an analysis of the impact of the Working

Time Regulations 1998 (S.I. 1998, No. 1833) on National Health Service (NHS)

acute medical and surgical services, including—

(a) 5an evaluation of the attainment of key NHS performance indicators and

relevant professional standards for both doctors in training and

consultant appointments, and

(b) an assessment of whether current working patterns are optimal for

both the training and service requirements of the NHS.

(2) 10The analysis shall be conducted by such bodies as the Secretary of State

considers appropriate and must take into account research into—

(a) the optimal ways of delivering acute medical and surgical services in

the NHS; and

(b) the impact of technology in delivery of such services.

(3) 15The Secretary of State must publish the analysis conducted under subsections

(1) and (2) before the end of the period of three months beginning with the day

on which this Act is passed.

2 Independent commission

(1) There shall be an independent Commission (“the Commission”) to assess the

20analysis conducted by the Secretary of State under section 1 of this Act.

NHS Acute Medical and Surgical Services (Working Time Directive) BillPage 2

(2) The Commission shall consist of a Chair and no more than 12 other members

appointed by the Secretary of State.

(3) The Secretary of State must appoint the Chair and members of the Commission

within a period of three months beginning with the day on which the analysis

5conducted under section 1 is published.

(4) The Commission must publish a report before the end of the period of six

months beginning with the day on which its members are appointed.

(5) The Secretary of State must by regulations made by statutory instrument make

provison for the payment of salaries and expenses to members of the

10Commission, which shall be subject to annulment in pursuance of a resolution

of either House of Parliament.

(6) The Commission’s report under subsection (4) must evaluate working patterns

and the attainment of key indictors and standards of those in NHS acute

medical and surgical services and make specific recommendations on what

15changes, if any, should be made to the Working Time Regulations 1998.

3 Enactment

(1) If the Commission concludes that NHS acute medical and surgical services

should be exempt from the Working Time Regulations 1998 the Secretary of

State must make a draft of an order bringing this into effect.

(2) 20A statutory instrument containing an order under this section may not be

made unless a draft of the instrument has been laid before, and approved by a

resolution of, each House of Parliament.

4 Interpretation

In this Act “publish” includes publication on the internet.

5 25Financial provisions

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of

State, a Minister of the Crown or by a government department, and

(b) any increase attributable to this Act in the sums payable under any other Act

30out of money so provided.

6 Short title, commencement and extent

(1) This Act may be cited as the NHS Acute Medical and Surgical Services

(Working Time Directive) Act 2011.

(2) This Act comes into force on the day on which it is passed.

(3) 35This Act extends to England and Wales, Scotland and Northern Ireland.