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Conduct and performance of medical practitioners and other health care workers |
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114 | Responsible officers and their duties relating to medical profession |
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After Part 5 of the Medical Act 1983 (c. 54) insert— |
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45A | Requirement to nominate or appoint responsible officer |
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(1) | The appropriate authority may by regulations make provision for or in |
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connection with requiring designated bodies to nominate or appoint |
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persons who are to have such responsibilities as may be conferred on |
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them by virtue of section 45B. |
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(2) | A person who is so nominated or appointed by a designated body is to |
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be known as its responsible officer (but this is subject to any provision |
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made by virtue of subsection (5)(e)). |
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(3) | In this Part “designated body” means— |
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(a) | a body falling within any description of bodies prescribed for |
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the purposes of this section, or |
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(b) | any other body prescribed for those purposes. |
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(4) | The descriptions of bodies, or particular bodies, that may be so |
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prescribed are descriptions of bodies, or particular bodies, appearing to |
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the appropriate authority— |
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(a) | to provide, or arrange for the provision of, health care, or |
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(b) | to employ or contract with medical practitioners. |
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(5) | Regulations under this section may make provision— |
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(a) | for conditions that must be satisfied in relation to a person if |
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that person is to be nominated or appointed as, or remain as, a |
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responsible officer of a designated body, |
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(b) | authorising or requiring a designated body to nominate or |
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appoint more than one responsible officer, |
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(c) | for a single person to be nominated or appointed as the |
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responsible officer for each of two or more designated bodies |
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where those bodies are satisfied as to the prescribed matters, |
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(d) | requiring a designated body that has a responsible officer to |
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provide to the officer, or, if that designated body does not |
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employ the officer, to the employer of the officer, funds and |
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other resources necessary for enabling the officer to discharge |
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the officer’s prescribed responsibilities as a responsible officer |
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(e) | for the persons nominated or appointed as mentioned in |
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subsection (1) to be known by such name as is prescribed, and |
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(f) | for making such amendments of any enactment as appear to the |
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appropriate authority to be required in connection with any |
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provision made by virtue of paragraph (e). |
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(6) | The conditions imposed under subsection (5)(a) may in particular |
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include a requirement for the designated body to consult the General |
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Council before nominating or appointing any person as a responsible |
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(7) | Regulations under this section may in prescribed cases provide that a |
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responsible officer for a designated body is to be nominated by the |
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appropriate authority instead of the designated body. |
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“enactment” includes any provision of, or any instrument made |
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under, Northern Ireland legislation; |
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“health care” means services provided to individuals for or in |
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connection with the prevention, diagnosis or treatment of |
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“illness” has the same meaning as in section 25(1) of the Health Act |
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45B | Responsibilities of responsible officer |
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(1) | Regulations under section 45A may make provision for or in |
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(a) | conferring on the responsible officer or officers for a designated |
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body responsibilities relating to the evaluation of the fitness to |
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practise of medical practitioners having a prescribed connection |
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(b) | requiring a responsible officer for a designated body to co- |
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operate with the General Council, any of its committees, or any |
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persons authorised by the General Council, in connection with |
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the exercise by any of them of functions under Part 3A or 5 of |
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(2) | Where a designated body has more than one responsible officer, |
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regulations under section 45A may make provision for or in connection |
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with the division of prescribed responsibilities among those officers, |
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including provision for the division to be determined by the designated |
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(3) | The power by virtue of subsection (1)(a) to prescribe the connection |
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between a medical practitioner and a designated body includes, in |
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particular, power to prescribe a connection based on any of the |
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(a) | the practitioner being employed by the designated body, |
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(b) | the practitioner providing services to the designated body, |
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(c) | the practitioner being employed by a person who provides |
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services to the designated body, |
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(d) | the practitioner providing services in the geographical area in |
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relation to which the designated body exercises functions in |
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relation to the provision of the health service, or |
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(e) | the practitioner being employed by or providing services to, or |
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pursuant to arrangements made by, a body which is located in |
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the geographical area in relation to which the designated body |
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exercises functions in relation to the provision of the health |
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service but is not itself a designated body. |
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(4) | A designated body may confer on any of its responsible officers such |
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powers as it considers appropriate to enable the officer to discharge any |
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of the officer’s prescribed responsibilities as a responsible officer for the |
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(5) | If a designated body requires any of its responsible officers to carry out |
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any functions other than the officer’s prescribed responsibilities, it |
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must in doing so have regard to the officer’s prescribed responsibilities. |
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(6) | In this section “the health service” means— |
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(a) | the health service as defined by section 275(1) of the National |
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Health Service Act 2006 or section 206(1) of the National Health |
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Service (Wales) Act 2006, |
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(b) | the health service as defined by section 108(1) of the National |
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Health Service (Scotland) Act 1978, or |
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(c) | any of the health services under any enactment which extends |
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to Northern Ireland and which corresponds to section 1(1) of the |
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National Health Service Act 2006. |
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45C | Regulations under section 45A: further provisions |
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(1) | Regulations under section 45A may— |
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(a) | create offences punishable on summary conviction by a fine not |
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exceeding level 5 on the standard scale, and |
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(b) | create other procedures for enforcing any provisions of the |
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(2) | Regulations under section 45A may require a designated body or a |
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responsible officer to have regard to any guidance given from time to |
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time by the appropriate authority or any other prescribed person in |
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relation to the nomination or appointment of responsible officers or |
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their prescribed responsibilities. |
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(3) | Regulations under section 45A may make provision requiring— |
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(a) | a body which employs, or is provided with services by, a |
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medical practitioner, or which arranges for others to be |
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provided with services by a medical practitioner, but which is |
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not a designated body, or |
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(b) | a medical practitioner, |
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| to provide, to the responsible officer with prescribed responsibilities |
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relating to that medical practitioner or to the designated body for which |
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the officer is a responsible officer or, if that designated body does not |
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employ the responsible officer, to the employer of the officer, funds and |
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other resources necessary for enabling the responsible officer to |
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discharge the officer’s prescribed responsibilities relating to that |
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(4) | Regulations under section 45A may make provision for or in |
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connection with requiring prescribed persons to supply information or |
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produce documents to a responsible officer in connection with the |
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discharge of the prescribed responsibilities of the responsible officer. |
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(1) | This Part binds the Crown. |
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(2) | No contravention by the Crown of any provision of this Part or |
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regulations made under this Part makes the Crown criminally liable; |
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but the High Court (or, in Scotland, the Court of Session) may declare |
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unlawful any act or omission of the Crown which constitutes such a |
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(3) | The provisions of this Part apply to persons in the service of the Crown |
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as they apply to other persons. |
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(4) | Nothing in this section affects Her Majesty in her private capacity; and |
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this subsection is to be read as if section 38(3) of the Crown Proceedings |
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Act 1947 (meaning of Her Majesty in her private capacity) were |
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45E | Regulations under section 45A: supplementary provisions |
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(1) | The power of the Secretary of State to make regulations under section |
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45A is exercisable by statutory instrument. |
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(2) | Before making any regulations under section 45A, the Secretary of State |
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(a) | the Scottish Ministers, if the regulations extend to Scotland, and |
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(b) | the Welsh Ministers, if the regulations apply to Wales. |
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(3) | A statutory instrument containing regulations made by the Secretary of |
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State under section 45A is subject to annulment in pursuance of a |
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resolution of either House of Parliament. |
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(4) | The power of the Department of Health, Social Services and Public |
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Safety in Northern Ireland to make regulations under section 45A is |
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exercisable by statutory rule for the purposes of the Statutory Rules |
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(Northern Ireland) Order 1979. |
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(5) | A statutory rule containing regulations made by the Department of |
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Health, Social Services and Public Safety in Northern Ireland under |
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section 45A is subject to negative resolution within the meaning of |
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section 41(6) of the Interpretation Act (Northern Ireland) 1954. |
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(6) | Regulations under section 45A may make different provision for |
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45F | Interpretation of Part 5A |
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“the appropriate authority” means— |
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(a) | in relation to England and Wales or Scotland, the |
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(b) | in relation to Northern Ireland, the Department of |
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Health, Social Services and Public Safety in Northern |
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“designated body” has the meaning given by section 45A(3); |
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“prescribed” means prescribed by regulations under section 45A.” |
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115 | Additional responsibilities of responsible officers: England and Wales and |
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(1) | Regulations under this section may confer on a responsible officer nominated |
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or appointed for the purposes of regulations under section 45A of the Medical |
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Act 1983 (c. 54) (requirement to nominate or appoint responsible officer) |
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additional responsibilities that relate to— |
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(a) | the entry by the designated body into contracts of employment with |
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medical practitioners or into contracts for the provision of services by |
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(b) | the monitoring of the conduct or performance of medical practitioners |
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who have a prescribed connection with the designated body, or |
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(c) | ensuring that appropriate action is taken in response to concerns about |
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such conduct or performance, |
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| but do not relate to the regulation under that Act of the medical profession. |
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(2) | Subject to subsection (3), the power to make regulations under this section is |
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(a) | in relation to England, by the Secretary of State, |
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(b) | in relation to Wales, by the Welsh Ministers, or |
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(c) | in relation to Northern Ireland, by the Department of Health, Social |
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Services and Public Safety in Northern Ireland. |
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(3) | In relation to cross-border bodies, the power to make regulations under this |
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section is exercisable by the Secretary of State after consultation with the Welsh |
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(4) | For the purposes of this section a “cross-border body” is a body which— |
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(a) | performs (and only performs) functions in respect of England and |
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(b) | does not perform functions mainly in respect of England or mainly in |
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(5) | Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983 |
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(c. 54) (provisions that may be included in regulations under section 45A of |
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that Act and responsibilities of responsible officers) apply in relation to |
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regulations under this section as they apply in relation to regulations under |
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section 45A of that Act but as if— |
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(a) | references to prescribed responsibilities were references to |
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responsibilities conferred by regulations under this section, |
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(b) | the reference in section 45B(2) to regulations under section 45A were a |
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reference to regulations under this section, and |
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(c) | the reference in section 45B(3) to subsection (1)(a) of that section were a |
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reference to subsection (1)(b) of this section. |
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(6) | Subject to subsection (7), regulations under this section may require a |
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designated body or a responsible officer to have regard to any guidance given |
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from time to time by the Secretary of State, the Welsh Ministers or the |
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Department of Health, Social Services and Public Safety in Northern Ireland (as |
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the case may be), or by any other person prescribed by the regulations, in |
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relation to responsibilities conferred on responsible officers by the regulations. |
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(7) | In relation to cross-border bodies, the reference in subsection (6) to the |
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Secretary of State is to be read as a reference to the Secretary of State after |
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consultation with the Welsh Ministers. |
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(8) | Expressions used in this section and in Part 5A of the Medical Act 1983 |
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(responsible officers) have the same meaning in this section as in that Part. |
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