SCHEDULE 2Terms of Service for Doctors
Transfer of responsibility, absences, deputies, assistants and partners26
1
In this paragraph, “organisation providing deputy doctors” means a person who provides deputies to doctors and includes a body which—
a
consists only of doctors whose names are included in the medical list and who arrange to act as deputies to each other; and
b
keeps separate accounts in relation to such arrangements.
2
Before entering into arrangements with an organisation providing deputy doctors for the provision of any deputy, a doctor shall—
a
obtain the written agreement of that organisation that any doctor it provides to him—
i
will not be subject to a declaration under either paragraph 3(c) of Schedule 11 to the Order or under any corresponding provision in force in England and Wales or Scotland that he is not fit to be engaged in any capacity in the provision of general medical services;
ii
will not be suspended by direction of the Tribunal, other than in a case falling within paragraph 8B(3) of Schedule 11 to the Order;
iii
will (unless he is a trainee general practitioner acting in the place of and under the supervision of the doctor responsible for his training) be suitably experienced within the meaning of Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978 (other than by virtue of being a restricted services principal) or will have the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 199441; and
b
take all reasonable steps to satisfy himself that the service provided by the organisation (including its monitoring arrangements) will be adequate and appropriate having regard in particular to the interests of the doctor’s patients.
3
A doctor shall notify the Board of any arrangements he makes with an organisation providing deputy doctors.
4
A doctor shall from time to time and at any time when there are grounds for doing so, take reasonable steps to satisfy himself that an organisation providing deputy doctors with which he has entered into arrangements for the provision of any deputy—
a
continues to comply with the agreement referred to in sub-paragraph (2)(a); and
b
continues to provide a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b).
5
Subject to sub-paragraph (6), if the Board so requests, a doctor shall furnish it with evidence that such an organisation is continuing—
a
to comply with the agreement mentioned in sub-paragraph (2)(a); or, as the case may be,
b
to provide a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b).
6
A Board shall not make a request for evidence under sub-paragraph (5)(b) unless—
a
it has reasonable grounds for believing that the organisation providing deputy doctors is not providing a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b); and
b
it has consulted the Local Medical Committee.
7
Subject to sub-paragraph (8), where in response to a request for evidence under sub-paragraph (5)(b) the Board continues to have reasonable grounds for believing that the organisation providing deputy doctors is not providing a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b), it shall give notice (in this paragraph referred to as a “remedial notice”) to the doctor specifying—
a
the grounds for its concern;
b
the remedial action which it considers necessary; and
c
the date before which such action must be taken.
8
A Board shall not issue a remedial notice under sub-paragraph (7) without first consulting the Local Medical Committee.
9
Where a Board issues a remedial notice under sub-paragraph (7), it shall also send a copy of that notice to any other doctor who has made arrangements with the organisation providing deputy doctors.
10
Where it appears to the Board—
a
that an organisation providing deputy doctors with which a doctor has made arrangements for the provision of a deputy—
i
is not complying with the agreement referred to in sub-paragraph (2)(a); or
ii
has not taken the action specified in a remedial notice issued under sub-paragraph (7) within the time specified in that notice; or
b
that a doctor’s arrangement with such an organisation is such that the doctor’s patients are at risk,
it may give notice to the doctor requiring him to bring his arrangement with that organisation to an end either immediately or before such date as is stated in the notice.