Coronavirus Bill (HC Bill 122)

(6) Where a person is registered under this article as a member of a
specified group, the person’s registration may (but need not) be
subject to the same conditions as the registration of other members
of the group.

(7) 5A person’s registration under this article ceases to have effect if
revoked by the Registrar; and the Registrar—

(a) must revoke the registration if the Secretary of State advises
the Registrar that the circumstances that led the Secretary of
State to give the advice referred to in paragraph (1)(a) no
10longer exist;

(b) may at any time revoke the registration for any other reason,
including where the Registrar suspects that the person’s
fitness to practise may be impaired.

(8) A person’s registration as a member of a specified group may be
15revoked—

(a) without the registration of the other members of the group
being revoked, or

(b) as a result of a decision to revoke the registration of all the
members of the group.

(9) 20Rules under article 7 may not provide for fees to be charged in
respect of a person’s registration under this article.

(10) The following provisions of this Order do not apply to persons
registered under this article—

• articles 5A, 9, 10, 12 and 13 (provisions relating to registration);

• 25articles 15 to 19 (provisions relating to education and training);

• Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1)
  and (3) to (6).

(11) If a person breaches a condition to which the person’s registration
under this article is subject, anything done by the person in breach of
30the condition is to be treated as not done by a registered nurse,
midwife or nursing associate (as the case may be).

(12) In this article “emergency” means an emergency of the kind
described in section 19(1)(a) of the Civil Contingencies Act 2004, read
with subsection (2)(a) and (b) of that section.”

(3) 35Article 25(1) (power of Nursing and Midwifery Council to require disclosure
of information) has effect as if it enabled requirements to be imposed for the
purpose of assisting the Registrar in carrying out functions in respect of
identifying any person registered by virtue of article 9A(2)(b) (emergency
registration of a group of persons).

(4) 40Article 37 (appeals against Registrar’s decisions) has effect as if after
paragraph (2B) there were inserted—

“(2C) No appeal lies to the Council where the Registrar—

(a) has refused to register a person under article 9A, or

(b) has revoked a person’s registration under that article.”

Health Professions Order 2001

2 (1) The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were
subject to the following modifications.

(2) The Order has effect as if after article 9 there were inserted—

“9A 5Temporary registration in emergencies involving loss of human life or
human illness etc

(1) The Registrar may register a person as a member of a relevant
profession, or the persons comprising a specified group of persons as
members of a relevant profession, if—

(a) 10the Secretary of State has advised the Registrar that an
emergency has occurred, is occurring or is about to occur and
that the Registrar should consider acting under this article,
and

(b) the Registrar considers that the emergency registration
15requirement is met in relation to the person or group of
persons.

(2) For the purposes of paragraph (1)(b) the emergency registration
requirement is met—

(a) in relation to a person, if the Registrar considers that the
20person is a fit, proper and suitably experienced person to be
registered as a member of the profession in question with
regard to the emergency;

(b) in relation to a group of persons, if the Registrar considers
that the group is comprised of persons who are of a type who
25may reasonably be considered fit, proper and suitably
experienced persons to be registered as members of the
profession in question with regard to the emergency.

(3) The Registrar may register all of the persons comprising a specified
group of persons without first identifying each person in the group.

(4) 30The Registrar may include an annotation in the register denoting that
a person has been registered under this regulation.

(5) The registration of a person under this article has effect subject to any
conditions imposed by the Registrar; and the Registrar may at any
time vary or revoke such a condition or add new conditions.

(6) 35Where a person is registered under this article as a member of a
specified group, the person’s registration may (but need not) be
subject to the same conditions as the registration of other members
of the group.

(7) A person’s registration under this article ceases to have effect if
40revoked by the Registrar; and the Registrar—

(a) must revoke the registration if the Secretary of State advises
the Registrar that the circumstances that led the Secretary of
State to give the advice referred to in paragraph (1)(a) no
longer exist;

(b) 45may at any time revoke the registration for any other reason,
including where the Registrar suspects that the person’s
fitness to practise may be impaired.

(8) A person’s registration as a member of a specified group may be
revoked—

(a) without the registration of the other members of the group
being revoked, or

(b) 5as a result of a decision to revoke the registration of all the
members of the group.

(9) Rules under article 7 may not provide for fees to be charged in
respect of a person’s registration under this article.

(10) The following provisions of this Order do not apply to persons
10registered under this article—

• articles 9, 10, 11 and 12 (provisions relating to registration);

• articles 15 to 19 (provisions relating to education and training);

• Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1)
  and (3) to (5).

(11) 15If a person breaches a condition to which the person’s registration
under this article is subject, anything done by the person in breach of
the condition is to be treated as not done by a person registered as a
member of the relevant profession in question.

(12) In this article “emergency” means an emergency of the kind
20described in section 19(1)(a) of the Civil Contingencies Act 2004, read
with subsection (2)(a) and (b) of that section.”

(3) Article 25(1) (power of Health and Care Professions Council to require
disclosure of information) has effect as if it enabled requirements to be
imposed for the purpose of assisting the Registrar in carrying out functions
25in respect of identifying any person registered by virtue of article 9A(2)(b)
(emergency registration of a group of persons).

(4) Article 38 (appeals) has effect as if after paragraph (1A) there were
inserted—

“(1B) No appeal lies to the Council where the Registrar—

(a) 30has refused to register a person under article 9A, or

(b) has revoked a person’s registration under that article.”

Section 3

SCHEDULE 2 Emergency arrangements concerning medical practitioners: Scotland

National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations
352004 (S.S.I. 2004/114)

1 (1) The National Health Service (Primary Medical Services Performers Lists)
(Scotland) Regulations 2004 (S.S.I. 2004/114) have effect subject to the
following modifications.

(2) After regulation 3 insert—

“3A Temporary exception under the Coronavirus Act 2020

(1) A person who is registered in the GP Register by virtue of section
18A of the Medical Act 1983 (temporary registration with regard to
5emergencies) may perform primary medical services, despite not
being included in the primary medical services performers list of a
Health Board, provided that—

(a) the person has made an application to a Health Board for
inclusion in the list under regulation 6, and

(b) 10the person’s application has not been refused or deferred
under regulation 7 or 7B.

(2) But a person may only perform primary medical services by virtue
of this regulation in the area of a Health Board whose list they have
applied to be included in.

(3) 15Regulation 8 applies to a person who performs primary medical
services by virtue of this regulation as it applies to a performer
included in a primary medical services performers list (and the
references to a “performer” in paragraph 3 of Schedule 1 are to be
read as if they included persons who perform primary medical
20services by virtue of this regulation).”

(3) After regulation 7A insert—

“7B Grounds for refusal and deferral under the Coronavirus Act 2020

(1) This regulation applies where a person who is registered in the GP
Register by virtue of section 18A of the Medical Act 1983 (temporary
25registration with regard to emergencies) has made an application to
a Health Board for inclusion in its primary medical services
performers list.

(2) But this regulation does not affect a Health Board’s duties imposed
by regulation 7 to refuse or defer an application by such a person.

(3) 30A Health Board may refuse the person’s application for inclusion in
its primary medical services performers list if—

(a) the Health Board has received an allegation (in any manner)
about either—

(i) conduct by the person about which the Health Board
35would have the power to make representations to the
NHS Tribunal under section 29 of the National Health
Service (Scotland) Act 1978, or

(ii) the person’s involvement in a matter which they
would be under a duty to disclose under paragraph 3
40of Schedule 1, and

(b) the nature of the allegation is such that, were the person
already included in its list, the Health Board would be
satisfied that it would be necessary for the protection of
members of the public, or otherwise in the public interest, to
45suspend the person from its list while it considered whether
to remove them from its list.

(4) A Health Board may defer determination of the person’s application
for inclusion in its primary medical services performers list if—

(a) the person has declared any matter specified in paragraph
2(c) to (o) of Schedule 1, and

(b) 5the Health Board is satisfied that it is necessary for the
protection of members of the public, or otherwise in the
public interest, to complete its consideration of the person’s
application before the person is permitted to perform
primary medical services.

(5) 10Unless paragraph (6) applies, a person whose application is refused
by a Health Board under paragraph (3) may not reapply for inclusion
in the primary medical services performers list of any Health Board.

(6) This paragraph applies where a person subsequently becomes
registered in the GP Register as a fully registered person, within the
15meaning given by section 55(1) of the Medical Act 1983, otherwise
than by virtue of section 18A of that Act.

(7) A Health Board must notify an applicant in writing of a
determination made under this regulation, and the reasons for it,
within 7 days of making the determination.

(8) 20An applicant may not appeal any determination made by a Health
Board under this regulation.”

(4) In regulation 13 (appeal to the Scottish Ministers) before paragraph (1)
insert—

“(A1) This paragraph does not apply where a person‘s application for
25inclusion in a primary medical services performers list is refused
under regulation 7B(3).”

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018
(S.S.I. 2018/66)

2 (1) The National Health Service (General Medical Services Contracts) (Scotland)
30Regulations 2018 (S.S.I. 2018/66) have effect subject to the following
modifications.

(2) In paragraph 46 of Schedule 6 (contractual terms: qualifications of
performers), after sub-paragraph (2) insert—

“(2A) Sub-paragraph (1)(a) does not apply in the case of a person who is
35performing primary medical services by virtue of regulation 3A of
the National Health Service (Primary Medical Services Performers
Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).”

(3) In paragraph 50 of Schedule 6 (contractual terms: conditions for
employment and engagement), after sub-paragraph (3) insert—

“(4) 40This paragraph does not apply in the case of a person who is
performing primary medical services by virtue of regulation 3A of
the National Health Service (Primary Medical Services Performers
Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).”

(4) In paragraph 52 of Schedule 6 (contractual terms: conditions for

employment and engagement), after sub-paragraph (3) insert—

“(4) This paragraph does not apply in the case of a person who is
performing primary medical services by virtue of regulation 3A of
the National Health Service (Primary Medical Services Performers
Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).”

5National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland)
Regulations 2018 (S.S.I. 2018/67)

3 (1) The National Health Service (Primary Medical Services Section 17C
Arrangements) (Scotland) Regulations 2018 (S.S.I. 2018/67) have effect
subject to the following modifications.

(2) 10In paragraph 18 of Schedule 1 (content of agreements terms: qualifications
of performers) after sub-paragraph (2) insert—

“(2A) Sub-paragraph (1)(a) does not apply in the case of a person who is
performing primary medical services by virtue of regulation 3A of
the National Health Service (Primary Medical Services Performers
15Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).”

(3) In paragraph 22 of Schedule 1 (content of agreements terms: conditions for
employment and engagement) after sub-paragraph (4) insert—

“(5) This paragraph does not apply in the case of a person who is
performing primary medical services by virtue of regulation 3A of
20the National Health Service (Primary Medical Services Performers
Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).”

(4) In paragraph 24 of Schedule 1 (content of agreements terms: conditions for
employment and engagement) after sub-paragraph (3) insert—

“(4) This paragraph does not apply in the case of a person who is
25performing primary medical services by virtue of regulation 3A of
the National Health Service (Primary Medical Services Performers
Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).”

Power to modify Schedule

4 (1) The Scottish Ministers may by regulations modify this Schedule.

(2) 30Regulations under sub-paragraph (1) are subject to the negative procedure
(see section 28 of the Interpretation and Legislative Reform (Scotland) Act
2010 (asp 10)).

Section 4

SCHEDULE 3 Emergency registration of pharmaceutical chemists and extension of
35prescribing powers: Northern Ireland

Interpretation

1 (1) In this Schedule “the 1976 Order” means the Pharmacy (Northern Ireland)
Order 1976 (S.I. 1976/1213 (N.I. 22)).

(2) In this Schedule references to Articles are to Articles of the 1976 Order.

(3) Expressions used in this Schedule and in the 1976 Order have the meaning
given in that Order.

Emergency registration of pharmaceutical chemists

2 5The 1976 Order has effect as if it were subject to the following modifications.

3 After Article 8D insert—

“8E Temporary registration in the register of pharmaceutical chemists in
certain emergencies

(1) The registrar may register a person, or the persons comprising a
10specified group of persons, in the register of pharmaceutical
chemists if the conditions set out in paragraph (2) are satisfied.

(2) The conditions are that—

(a) the Department has advised the registrar that an emergency
has occurred, is occurring or is about to occur and that the
15registrar should consider acting under this Article; and

(b) the registrar considers that the emergency registration
requirement is met in relation to the person or group of
persons.

(3) The emergency registration requirement is met—

(a) 20in relation to a person, if the person is a fit, proper and
suitably experienced person to be registered as a
pharmaceutical chemist with regard to the emergency;

(b) in relation to a group of persons, if the group is comprised of
persons who are of a type who may reasonably be considered
25fit, proper and suitably experienced persons to be registered
as pharmaceutical chemists with regard to the emergency.

(4) The registrar may register all of the persons comprising a specified
group of persons without first identifying each person in the group.

(5) A person’s registration under this Article has effect subject to any
30conditions imposed by the registrar; and the registrar may at any
time vary or revoke such a condition or add new conditions.

(6) Where a person is registered under this Article as a member of a
specified group, the person’s registration may (but need not) be
subject to the same conditions as the registration of other members
35of the group.

(7) The registration of a person under this Article ceases to have effect if
revoked by the registrar; and the registrar—

(a) must revoke the registration if the Department advises the
registrar that the circumstances that led the Department to
40give the advice referred to in paragraph (2)(a) no longer exist;

(b) may at any time revoke the registration for any other reason,
including where the registrar has grounds for suspecting that
the person’s fitness to practise may be impaired.

(8) A person’s registration as a member of a specified group may be
45revoked—

(a) without revoking the registration of the other members of the
group; or

(b) as a result of a decision to revoke the registration of all the
members of the group.

(9) 5Regulations made under Article 5 with respect to the following
matters do not apply to persons registered under this Article—

(a) paragraph (1)(b) (examinations and qualifications for
registration);

(b) paragraph (1)(bb), in so far as it refers to the necessary
10knowledge of English;

(c) paragraph (1)(e) (fees);

(d) paragraph (1)(f), (ffg) and (g) (qualifications etc in relation to
registration);

(e) such other matters as the Council may by regulations
15provide;

but this is subject to paragraph (11).

(10) The following provisions of this Order do not apply to persons
registered under this Article—

(a) Article 4A (continuing professional development);

(b) 20Articles 7, 8 and 8AA (provisions relating to registration);

(c) Article 11(1) (evidence of qualification required for
registration);

(d) Article 15 (retention fees);

(e) Article 20 and Schedule 3 (fitness to practise) other than
25paragraphs 1 to 3; and

(f) such other provisions as the Council may by regulations
provide;

but this is subject to paragraph (11).

(11) The Council may make regulations that provide that the following
30apply to persons registered under this Article—

(a) regulations with respect to any of the matters referred to in
paragraph (9)(a) to (e); and

(b) any of the provisions of this Order referred to in paragraph
(10)(a) to (f).

(12) 35If a person breaches any condition to which the person’s registration
under this Article is subject, anything done by that person in breach
of the condition is to be treated as not being done by a registered
pharmaceutical chemist.

(13) The registrar may make available information to assist with the
40identification of persons registered under this Article in such manner
as the registrar sees fit.

(14) In this Article—

• “emergency” means an emergency of the kind described in
  section 19(1)(a) of the Civil Contingencies Act 2004 (meaning
  45of “emergency”), read with subsection (2)(a) and (b) of that
  section;

• “specified” means specified in a direction given by the registrar
  or by a person authorised by the registrar.”

4 In Article 9(2) (maintenance of the register), at the end insert “or in the case
of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E”.

5 At the end of Article 9 (the registrar and registers) insert—

“(6) The registrar may record an annotation against the name of a
5registered person denoting that the person is registered under
Article 8E.”

Emergency extension of prescribing powers for pharmaceutical chemists

6 After Article 9 insert—

“9A Temporary extension of prescribing powers in certain emergencies

(1) 10In the register mentioned in Article 6(1)(a), the registrar may record
an annotation under paragraph (2) against—

(a) the name of a registered person; or

(b) the names of the persons comprising a specified group of
registered persons,

15if the conditions set out in paragraph (3) are satisfied.

(2) An annotation under this paragraph indicates that the person is
qualified to order drugs, medicines and appliances in a specified
capacity, notwithstanding that the person would not (but for this
Article) be so qualified.

(3) 20The conditions are that—

(a) the Department has advised the registrar that an emergency
has occurred, is occurring or is about to occur and that the
registrar should consider acting under this Article; and

(b) the registrar considers that the emergency annotation
25requirement is met in relation to the person or group of
persons.

(4) The emergency annotation requirement is met—

(a) in relation to a registered person, if the person is a fit, proper
and suitably experienced person to order drugs, medicines
30and appliances in a specified capacity with regard to the
emergency; and

(b) in relation to a group of registered persons, if the group is
comprised of persons who may reasonably be considered fit,
proper and suitably experienced persons to order drugs,
35medicines and appliances in a specified capacity with regard
to the emergency.

(5) The registrar may record the annotation in such a way as to
distinguish between annotations recorded by virtue of this Article
and other annotations.

(6) 40Annotations recorded by virtue of this Article—

(a) must be removed by the registrar if the Department advises
the registrar that the circumstances that led the Department
to give the advice referred to in paragraph (3)(a) no longer
exist;

(b) 45may at any time be removed by the registrar for any other
reason including where the registrar has grounds for

suspecting that the person’s fitness to order drugs, medicines
and appliances may be impaired.

(7) An annotation recorded against the name of a person in the register
as a member of a specified group may be removed—

(a) without the removal by the registrar of the annotations
5recorded against the names in the register of the other
members of the group; or

(b) by virtue of a decision by the registrar to remove the
annotations recorded against the names in the register of all
the members of the group.

(8) 10Regulations made under Article 5 with respect to the following
matters do not apply to persons with an annotated entry—

(a) paragraph (1)(e) (fees);

(b) paragraph (1)(ff) (annotations of the register); and

(c) such other matters as the Council may by regulations
15provide;

but this is subject to paragraph (10).

(9) The following provisions of this Order do not apply to persons with
an annotated entry—

(a) Article 4A (continuing professional development);

(b) 20Article 8 (qualifications for registration); and

(c) such other provisions as the Council may by regulations
provide;

but this is subject to paragraph (10).

(10) The Council may make regulations that provide that the following
25apply to persons with an annotated entry—

(a) regulations with respect to any of the matters referred to in
paragraph (8)(a) to (c); and

(b) any of the provisions of this Order referred to in paragraph
(9)(a) to (c)

(11) 30In this Article—

• “emergency” means an emergency of the kind described in
  section 19(1)(a) of the Civil Contingencies Act 2004 (meaning
  of “emergency”), read with subsection (2)(a) and (b) of that
  section;

• 35“person with an annotated entry” means a person who has an
  annotation under paragraph (2) against their name in the
  register; and

• “specified” means specified in a direction given by the registrar
  or by a person authorised by the registrar.”

40Appeals

7 In Article 11, after paragraph (2) insert—

“(3) No appeal lies to the Council against a decision of the registrar—

(a) to register or refuse to register a person under Article 8E;

(b) to register or refuse to register under that Article the persons
45comprising a group of persons;