The National Health Service (Professions Supplementary to Medicine) (Scotland) Amendment Regulations 2000

Scottish Statutory Instruments

2000 No. 202

NATIONAL HEALTH SERVICE

The National Health Service (Professions Supplementary to Medicine) (Scotland) Amendment Regulations 2000

Made

14th June 2000

Laid before the Scottish Parliament

16th June 2000

Coming into force

10th July 2000

The Scottish Ministers, in exercise of the powers conferred upon them by paragraph 6 of Schedule 1 to the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Professions Supplementary to Medicine) (Scotland) Amendment Regulations 2000 and shall come into force on 10th July 2000.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974(2).

Amendment of regulation 3 of the principal Regulations

2.—(1) Regulation 3 of the principal Regulations (employment of officers) is amended as follows.

(2) After the words “in the capacity of” in the first place where they occur there is inserted “arts therapist,”.

(3) After the word “orthoptist,” in the first place where it occurs there is inserted “orthotist,”.

(4) After the word “physiotherapist,” in the first place where it occurs there is inserted “prosthetist”.

(5) For the words “radiographer or remedial gymnast” in both places where they occur there is substituted “or radiographer”(3).

(6) At the end of paragraph (c) the word “or” is omitted.

(7) After paragraph (b) there is added–

“or,

(c) he is a person who has never been registered as a prosthetist, orthotist or arts therapist, but who immediately before 10th July 2000 was employed by a Health Board in the capacity of prosthetist, orthotist or arts therapist.”.

SUSAN C DEACON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th June 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974 (S.I. 1974/549) (the “principal Regulations”). The Professions Supplementary to Medicine Act 1960 (“the Act”) has been extended to include prosthetists and orthotists and arts therapists among the professions regulated under that Act (see S.I. 1997/504 and 1121). These Regulations add those professions to those whose employment by Health Boards is prohibited for the purposes of providing services under the National Health Service in Scotland, except where their names are included in the register maintained under section 2(1) of the Act by the relevant Boards, unless they were employed in that capacity immediately before the coming into force of these Regulations.

In addition, regulation 2(5) removes the reference to remedial gymnasts from the principal Regulations because the Act no longer extends to this profession separately (see S.I. 1986/630). The profession of remedial gymnast has become part of the profession of physiotherapists.

(1)

1978 c. 29. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1974/549.

(3)

S.I. 1986/630 removed remedial gymnasts from the list of professions to which the Professions Supplementary to Medicine Act 1960 (c. 66) applies and provided that they be registered with the Physiotherapists Board.