The National Health Service (Vocational Training) (Scotland) Amendment Regulations 1991

Statutory Instruments

1991 No. 576 (S.61)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Vocational Training) (Scotland) Amendment Regulations 1991

Made

8th March 1991

Laid before Parliament

12th March 1991

Coming into force

1st April 1991

The Secretary of State, in exercise of powers conferred by sections 22, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and intrepretation

1.—(1) These Regulations may be cited as the National Health Service (Vocational Training) (Scotland) Amendment Regulations 1991 and shall come into force on 1st April 1991.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Vocational Training) (Scotland) Regulations 1980(2) and a reference to a numbered regulation is to the regulation in the principal Regulations which bears that number.

Amendments to the principal Regulations: NHS trusts

2.—(1) In regulation 2(1) (interpretation), in the definition of “health authority” after the words “Health Board” there shall be inserted the words “,an NHS trust”.

(2) In regulation 9(3) (appeals) after the words “Health Board” in sub-paragraph (d), there shall be inserted the words “or an NHS trust”.

Amendments to regulation 8 (exemptions)

3.—(1) (a) In paragraph (1)(e) of regulation 8 (exemptions), for the words from “either maternity” to the end of the sub-paragraph; and

(b) in paragraph (2) of that regulation, for the words from “purposes of providing” to the end of the paragraph—

• there shall be substituted the words

  “general medical services limited to —

  (i) child health surveillance services only;

  (ii) contraceptive services only;

  (iii) maternity medical services only; or

  (iv) minor surgery services only;

  or to any combination of the above;”.

(2) For paragraph (5)(a) there shall be substituted the following:—

“(a) “child health surveillance services”, “contraceptive services”, “maternity medical services” and “minor surgery services” have the meanings indicated by regulation 2(1) of the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(3);”.

Michael B. Forsyth

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

8th March 1991

Explanatory Note

(This note is not part of the Order)

These Regulations amend the National Health Service (Vocational Training) (Scotland) Regulations 1980 (“the principal Regulations”) which prescribe the medical experience which, under section 21 of the National Health Service (Scotland) Act 1978, a medical practitioner is required to have acquired, or to be exempt from the need to have acquired, before his name may be included in a list of general medical practitioners maintained under section 19 of that Act.

In Regulation 2 the definition of “health authority” in regulation 2(1) of the principal Regulations is amended to include a reference to an NHS trust (established under the 1978 Act as amended by the National Health Service and Community Care Act 1990 (c. 19)), so that a doctor’s employment in an educationally approved post in a hospital managed by an NHS trust may count towards the vocational training prescribed in regulation 5 of the principal Regulations. Amendment is also made in that regulation so that a consultant employed in clinical practice by an NHS trust is eligible for membership of the appeal body constituted under regulation 9 of the principal Regulations (regulation 2(2)).

These Regulations also amend regulation 8 of the principal Regulations in so far as it exempts from the need to have acquired the prescribed medical experience a doctor who seeks to have his name included in a medical list only for the provision of a limited category or categories of general medical services. The amendment includes child health surveillance services and minor surgery services among those categories, and makes consequential changes elsewhere in that regulation (regulation (3)).

(1)

1978 c. 29; section 105(7), which was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, contains provisions relevant to the making of Regulations; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which those Regulations are made.

(2)

S.I. 1980/30, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1974/506; the relevant amending instruments are S.I. 1975/696, 1982/1279, 1985/39 and 1989/1990.