The Medical Profession (Responsible Officers) (Amendment) Regulations 2025
These regulations amend the 2010 Medical Profession (Responsible Officers) Regulations.
Key changes include adding the Department of Health and Social Care and the General Council as designated bodies responsible for appointing responsible officers (ROs), clarifying the ROs' duties, and revising the prescribed connections between medical practitioners and designated bodies.
The amendments aim to improve clarity, accountability, and efficiency in the oversight of medical practitioners' fitness to practice.
Arguments For
Improved clarity and consistency: The amendments clarify the responsibilities of responsible officers (ROs) and designated bodies, reducing ambiguity and potential for conflict.
Enhanced accountability: The inclusion of the Department of Health and Social Care and the General Council as designated bodies strengthens accountability and oversight of medical practitioners.
Streamlined processes: The changes aim to streamline the processes for appointing and managing ROs, improving efficiency within healthcare organizations.
Legal basis: The regulations are made under the powers conferred by section 45A of the Medical Act 1983, providing a clear legal foundation for the changes.
Arguments Against
Potential administrative burden: Increased responsibilities for designated bodies might create an additional administrative burden, requiring additional resources and staff training.
Unintended consequences: The changes could have unintended consequences, particularly regarding the precise allocation of responsibilities amongst different ROs.
Resource allocation: The increased duties placed on designated bodies may require reallocation of resources within these organizations, potentially diverting funding from other crucial areas.
Complexity: The revised framework, while aiming for clarity, could still be complex to navigate, potentially leading to confusion and inconsistencies in its application.
- Citation, commencement and extent (1) These Regulations may be cited as the Medical Profession (Responsible Officers) (Amendment) Regulations 2025 and come into force on 27th March 2025. (2) These Regulations extend to England and Wales and Scotland.
This section establishes the title, effective date (March 27, 2025), and geographical scope of the regulations.
The regulations apply to England, Wales, and Scotland.
- Amendments to the Medical Profession (Responsible Officers) Regulations 2010 (1) The Medical Profession (Responsible Officers) Regulations 2010 are amended as follows. (2) In regulation 5 (duty to nominate or appoint responsible officers)— (a) in paragraph (2), after “NHS England” insert “ , the Department of Health and Social Care and the General Council”; (b) in paragraph (4), for “NHS England” substitute “the designated body”. (3) In regulation 10 (connection between designated bodies and medical practitioners)— (a) omit paragraph (1)(za); (b) in paragraph (1)(ba), for “the United Kingdom Health Security Agency” substitute “the Department of Health and Social Care”. (4) In regulation 11 (responsibilities of responsible officers: prescribed connection under regulation 10), in paragraph (6)— (a) in the brackets after “regulation 5(2)”, omit “NHS England:”; (b) after “to be determined by”, for “NHS England” substitute “the designated body that nominated or appointed the responsible officer”. (5) For regulation 12 (connection between designated bodies and medical practitioners who are responsible officers) substitute— “Connection between designated bodies and medical practitioners who are responsible officers (1) A registered medical practitioner who is a responsible officer for a body referred to in column 1 of the table has, for the purposes of section 45B of the Act, a prescribed connection with the body, department or persons referred to in the corresponding entry in column 2 of that table. [Table showing connections between bodies and responsible officers] (2) A registered medical practitioner who is a responsible officer for— (a) the Department of Health and Social Care, except a medical practitioner who holds the post of Chief Medical Officer of that Department; (b) the United Kingdom Health Security Agency; or (c) the Medicines and Healthcare products Regulatory Agency, has, for the purposes of section 45B of the Act, a prescribed connection with the Department of Health and Social Care. (3) A registered medical practitioner who is a responsible officer for— (b) the Department of Health and Social Care and who holds the post of Chief Medical Officer of that Department; (c) the Scottish Ministers; (e) the Welsh Ministers; or (f) NHS England and who holds the post of National Medical Director of NHS England, has, for the purposes of section 45B of the Act, a prescribed connection with the General Council.” (6) In regulation 13 (responsibilities of responsible officers: prescribed connection under regulation 12), in paragraph (6)— (a) in the brackets after “regulation 5(2)”, omit “NHS England:”; (b) after “to be determined by”, for “NHS England” substitute “the designated body who nominated or appointed the responsible officer”. (7) In the Schedule (designated bodies)— (a) after paragraph 14B, insert— “(14C) The General Council.”; (b) omit paragraph 23 (bodies which have functions under the Act in relation to the regulation of medical practitioners).
This section details the amendments to the 2010 regulations.
It adds the Department of Health and Social Care and the General Council to the list of bodies responsible for appointing responsible officers (ROs).
It clarifies the responsibilities of ROs and revises the rules defining the relationship between medical practitioners and designated bodies, eliminating some entries and changing others to reflect the updated structure.
A table in the amended regulation 12 helps clarify these relationships.