Schedules

Schedule 5CONSEQUENTIAL AMENDMENTS

Article 20

Medical Act 19831

1

Schedule 1 to the Medical Act 1983 (the General Medical Council and its Committees, and the Branch Councils) is amended as follows.

2

In paragraph 1A(1) (membership of the General Medical Council: general)—

a

for paragraph (a) substitute—

a

registrant members, that is members who are—

i

fully registered under this Act and hold licences to practise,

ii

provisionally registered under this Act and hold licences to practise, or

iii

registered under the Anaesthesia Associates and Physician Associates Order 2024; and

b

in paragraph (b)—

i

in sub-paragraph (i), at the end insert “under this Act”;

ii

omit “and” at the end of sub-paragraph (ii);

iii

after sub-paragraph (iii) insert—

iv

are not and never have been registered under the Anaesthesia Associates and Physician Associates Order 2024, and

v

do not hold a qualification approved under article 4(1)(a)(ii) of that Order.

3

For paragraph 19G(14)23 (Medical Practitioners Tribunals and Interim Orders Tribunals) substitute—

14

In this paragraph—

  • “lay member” has the same meaning as in paragraph 1A;

  • “registrant member” means a member who—

    1. a

      is fully registered or provisionally registered under this Act, and

    2. b

      holds a licence to practise.

Video Recordings Act 19842

In the Video Recordings Act 198424 in section 3(11) (exempted supplies of video recordings), after “the Nursing and Midwifery Order 2001,” insert “the Anaesthesia Associates and Physician Associates Order 2024,”.

Police Act 19973

In the Police Act 199725, in Schedule 8A (offences which must be disclosed unless a sheriff orders otherwise), after paragraph 34F insert—

34G

An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).

National Health Service Reform and Health Care Professions Act 20024

1

The National Health Service Reform and Health Care Professions Act 200226 is amended as follows.

2

In section 26 (powers and duties of the Authority: general), in subsection (4) (powers to take action in relation to the case of an individual)—

a

omit “or” at the end of paragraph (b);

b

at the end of paragraph (c) insert—

, or

d

requesting that the General Medical Council exercises the power conferred by article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 so as to revise a decision of a case examiner to take any step under article 10(3) of that Order other than a decision to refer a matter on to a Panel.

3

In section 29 (reference of disciplinary cases by Authority to court)—

a

in subsection (1), after paragraph (h) insert—

ha

any step taken under article 10(5) or 13(1) of the Anaesthesia Associates and Physician Associates Order 2024 by a panel constituted under that Order,

hb

any step taken by the General Medical Council under article 14(2) or (3) of the Anaesthesia Associates and Physician Associates Order 2024,

hc

any revision by the General Medical Council under article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 where the decision revised is a decision under article 10(5) of that Order,

b

in subsection (2)(c) after “committees” insert “, panels”;

c

after subsection (7A) insert—

7B

In a case where the relevant decision is taken by a panel constituted under the Anaesthesia Associates and Physician Associates Order 2024, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the General Medical Council.

Income Tax (Earnings and Pensions) Act 20035

In the Income Tax (Earnings and Pensions) Act 200327 in section 343(2) (deduction for professional membership fees), in paragraph 1 of the Table (health professionals), at the end insert—

t

the register kept under the Anaesthesia Associates and Physician Associates Order 2024.

Safeguarding Vulnerable Groups Act 20066

In the Safeguarding Vulnerable Groups Act 200628, in the table in section 41(7) (registers: power to refer), at the end insert—

12. The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024

The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order

Data Protection Act 20187

In the Data Protection Act 201829, in section 204(1) (meaning of “health professional”), at the end insert—

l

a person registered under the Anaesthesia Associates and Physician Associates Order 2024.

Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 20018

In the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 200130, in regulation 4(5) (disqualification for appointment)—

a

omit “or” after sub-paragraph (g);

b

at the end of sub-paragraph (h), insert—

; or

i

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 20019

In the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 200131, in regulation 4(7) (disqualification for appointment)—

a

omit “or” after sub-paragraph (f);

b

at the end of sub-paragraph (g), insert—

; or

h

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 200210

In the Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 200232, in regulation 4(8) (disqualification for appointment), at the end of sub-paragraph (g), insert—

;

h

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Medicines for Human Use (Clinical Trials) Regulations 200411

In the Medicines for Human Use (Clinical Trials) Regulations 200433, in regulation 2(1) (interpretation), in the definition of “health care professional”—

a

omit “or” after paragraph (g);

b

at the end of paragraph (h), insert—

, or

i

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 200412

In the Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 200434, in Article 5(10) (disqualification for appointment), at the end of sub-paragraph (g), insert—

;

h

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 200413

In the Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 200435, in regulation 4(8) (disqualification for appointment)—

a

omit “or” after sub-paragraph (f);

b

at the end of sub-paragraph (g), insert—

; or

h

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

National Assembly for Wales (Representation of the People) Order 200714

In the National Assembly for Wales (Representation of the People) Order 200736, in paragraph 4(2) (professionals who may attest to disability for the purposes of proxy voting in elections for the National Assembly for Wales) of Schedule 1—

a

omit “or” after paragraph (n);

b

at the end of paragraph (o) insert—

; or

p

a person registered as either a physician associate or an anaesthesia associate under the Anaesthesia Associates and Physician Associates Order 2024

Safeguarding Vulnerable Groups (Northern Ireland) Order 200715

In the Safeguarding Vulnerable Groups (Northern Ireland) Order 200737, in the table in Article 43(7) (registers: power to refer), at the end insert—

11. The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024

The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order

Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 200816

In the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 200838, in regulation 2(2)(j) (condition of appointment for chair and non-executive members of the Council)—

a

omit “and” after paragraph (ix);

b

at the end of paragraph (x), insert—

; and

xi

the Anaesthesia Associates and Physician Associates Order 2024

Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 201117

In the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 201139, in regulation 1(2) (interpretation), in the definition of “health care professional”—

a

omit “or” after paragraph (g);

b

at the end of paragraph (h), insert—

; or

i

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 201118

In the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 201140, in regulation 4(4) (welfare of users)—

a

omit “or” after sub-paragraph (g);

b

at the end of sub-paragraph (h), insert—

; or

i

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Human Medicines Regulations 201219

In the Human Medicines Regulations 201241, in regulation 8(1) (general interpretation), in the definition of “health care professional”—

a

omit “or” after paragraph (j);

b

at the end of paragraph (k), insert—

; or

l

a person registered under the Anaesthesia Associates and Physician Associates Order 2024

Social Security (Personal Independence Payment) Regulations 201320

In the Social Security (Personal Independence Payment) Regulations 201342, in paragraph 1 of Schedule 1 (personal independence payment assessment)—

a

in the definition of “monitor a health condition”—

i

omit “or” after paragraph (b)(ii);

ii

at the end of paragraph (b)(iii), insert—

; or

iv

a physician associate registered under the Anaesthesia Associates and Physician Associates Order 2024

b

in the definition of “therapy”—

i

omit “or” after paragraph (a)(ii);

ii

after paragraph (a)(iii), insert—

iv

a physician associate; or

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201321

In the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201343, in—

a

article 2(1)44 (interpretation)—

i

after ““associate”,”, insert “except in the expression “registered associate”,”;

ii

before the definition of “registered chiropractor”, insert—

  • “registered associate” means a person registered under the Anaesthesia Associates and Physician Associates Order 2024;

b

Schedule A145 (offences which must be disclosed subject to exceptions), after paragraph 35, insert—

35A

An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).

c

Part 1 of Schedule 4 (excepted professions, offices, employments and occupations), at the end, insert—

18

Registered associate.

Public Bodies (Joint Working) (Health Professionals and Social Care Professionals) (Scotland) Regulations 201422

In the Public Bodies (Joint Working) (Health Professionals and Social Care Professionals) (Scotland) Regulations 201446, in regulation 2 (prescribed descriptions of health professionals)—

a

omit “or” after paragraph (h);

b

at the end of paragraph (i), insert—

; or

j

persons included in the register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024

Health and Social Care Act 2008 (Regulated Activities) Regulations 201423

In the Health and Social Care Act 2008 (Regulated Activities) Regulations 201447, in paragraph 4(4) of Schedule 1 (regulated activities)—

a

in paragraph (a)—

i

omit “or” after sub-paragraph (xiii);

ii

at the end of sub-paragraph (xiv) insert—

; or

xv

an associate

b

at the end of paragraph (f) insert—

;

g

“associate” means a person registered under the Anaesthesia Associates and Physician Associates Order 2024