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
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:—
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—
an evaluation of the attainment of key NHS performance indicators and
relevant professional standards for both doctors in training and
consultant appointments, and
an assessment of whether current working patterns are optimal for
both the training and service requirements of the NHS.
The analysis shall be conducted by such bodies as the Secretary of State
considers appropriate and must take into account research into—
the optimal ways of delivering acute medical and surgical services in
the NHS; and
(b) the impact of technology in delivery of such services.
The 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.
There shall be an independent Commission (“the Commission”) to assess the
analysis conducted by the Secretary of State under section 1 of this Act.
NHS Acute Medical and Surgical Services (Working Time Directive) BillPage 2
The Commission shall consist of a Chair and no more than 12 other members
appointed by the Secretary of State.
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
conducted under section 1 is published.
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.
The Secretary of State must by regulations made by statutory instrument make
provison for the payment of salaries and expenses to members of the
Commission, which shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
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
changes, if any, should be made to the Working Time Regulations 1998.
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.
A 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.
In this Act “publish” includes publication on the internet.
There shall be paid out of money provided by Parliament—
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
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
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) This Act extends to England and Wales, Scotland and Northern Ireland.