Legislation – The Anaesthesia Associates and Physician Associates Order 2024

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Introduction

Part 1
GENERAL

1 Citation and commencement

2 Interpretation

Part 2
STANDARDS AND APPROVALS

3 Standards

4 Approval of education, training, etc.

Part 3
THE REGISTER

5 Register

6 Registration

7 Periodic assessment

8 Conditions on practice as an associate

9 Removal of an entry

Part 4
FITNESS TO PRACTISE

10 Steps which may be taken where a question as to fitness to practise arises

11 Interim Measures

12 Interim Measures – review

13 Final Measures

14 Final Measures – review

Part 5
REVISIONS AND APPEALS

15 Revision of decisions

16 Appeal to a Panel

17 Appeal to a court

Part 6
MISCELLANEOUS

18 Opportunity to make representations

19 Offences relating to registration etc.

20 Schedules 1 and 3 to 5

SCHEDULES

Schedule 1 THE REGULATOR

Schedule 2 LISTED OFFENCES

Schedule 3 EVIDENCE GATHERING, NOTIFICATIONS, PUBLICATION AND DATA

Schedule 4 RULE-MAKING POWERS

Schedule 5 CONSEQUENTIAL AMENDMENTS

Signature

Explanatory note

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Schedules

Schedule 5CONSEQUENTIAL AMENDMENTS

Article 20

Medical Act 1983

1.

(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—

(a)

is fully registered or provisionally registered under this Act, and

(b)

holds a licence to practise.”.

Video Recordings Act 1984

2.

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 1997

3.

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 2002

4.

(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 2003

5.

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 2006

6.

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 2018

7.

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 2001

8.

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) 2001

9.

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) 2002

10.

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 2004

11.

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) 2004

12.

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) 2004

13.

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 2007

14.

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 2007

15.

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 2008

16.

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 2011

17.

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 2011

18.

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 2012

19.

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 2013

20.

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 2013

21.

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 2014

22.

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 2014

23.

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”.

23

Paragraph 19G was inserted by article 3(3) of the General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794).

24

1984 c. 39; section 3(11) was amended by section 39 of the Chiropractors Act 1994 (c. 17), paragraph 47(b) of Schedule 5 to the Children and Social Work Act 2017 (c. 16), paragraph 4 of Schedule 4 to the Health Professions Order 2001 (S.I. 2002/254) and paragraph 9 of Schedule 5 to the Nursing and Midwifery Order 2001 (S.I. 2002/253).

25

1997 c. 50; Schedule 8A was inserted by article 3(8) of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423).  Paragraph 34F was inserted, in relation to Scotland, by regulation 2(20) of the Police Act 1997 (Offences in Schedules 8A and 8B) Amendment (Scotland) Regulations 2022 (S.S.I. 2022/379).

26

2002 c. 17; section 26(4) was substituted by section 115 of the Health and Social Care Act 2008 and amended by paragraph 62(b) of Schedule 15 to the Health and Social Care Act 2012.  Section 29(1) was amended by section 118 and Part 2 of Schedule 15 to the Health and Social Care Act 2008, paragraph 73(1) of Schedule 15 to the Health and Social Care Act 2012,  paragraph 13 of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), paragraph 1 of the Schedule to the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), paragraph 13 of Schedule 1 to the Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), paragraph 4 of Schedule 6 to the Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), paragraph 10(4) of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231),  article 18 of the General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794).

27

2003 c. 1. The part of the Table relating to health professionals in section 343(2) was amended by Part 2 of Schedule 15 to the Health and Social Care Act 2008, paragraphs 51 and 56(d) of Schedule 15 to the Health and Social Care Act 2012, paragraph 29 of Schedule 5 to the Children and Social Work Act 2017, paragraph 5 of Schedule 6 to the Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), paragraph 9 of Schedule 1 to the Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), article 2(2) of the Income Tax (Professional Fees) Order 2008 (S.I. 2008/836), paragraph 6 of Schedule 5 to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182),  paragraph 11 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231).

28

2006 c. 47; section 41(7) was amended by paragraph 27(2) of Schedule 2 to the Education Act 2011 (c. 21), section 213(7)(m) and paragraph 52 of Schedule 15 to the Health and Social Care Act 2012, paragraph 64 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9), paragraph 54 of Schedule 3 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), paragraphs 34 and 47(l) of Schedule 5 to the Children and Social Work Act 2017 and paragraph 15 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231).

29

There are amendments to section 204(1) which are not relevant to this Order.

30

S.S.I. 2001/303, there is an amendment to regulation 4(5) not relevant to this Order.

31

S.R. 2001 No. 313; regulation 4(7) was amended by regulation 3(c) of the Northern Ireland Social Care Council (Appointments and Procedure) (Amendment) Regulations 2002 (S.R. 2002 No. 349).

33

S.I. 2004/1031, there are amendments to regulation 2(1) not relevant to this Order.

34

S.R. 2004 No. 62. Article 5(10) was amended by paragraph 7 of Schedule 3 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094).

36

S.I. 2007/236; paragraph 4(2) of Schedule 1 was amended by paragraph 13 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52) and paragraph 16 of Schedule 3 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094).  There are other amendments to paragraph 4 not relevant to this Order.

38

S.I. 2008/2927; regulation 2(2)(j) was amended by paragraph 67 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231), paragraph 56 of the Schedule to the Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479) and paragraph 19 of Schedule 3 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094).

39

S.S.I. 2011/182, there are amendments to regulation 1(2) not relevant to this Order.

40

S.S.I. 2011/210, there is an amendment to regulation 4(4) not relevant to this Order.

41

S.I. 2012/1916; the definition of “health care professional” was amended by paragraph 42(a) of Schedule 2 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593) and paragraph 30(b) of Schedule 2 to the Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094).

42

S.I. 2013/377; the definition of “monitor a health condition” was amended by regulation 2(2)(d) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 (S.I. 2017/194).

44

There are amendments to article 2(1) not relevant to this Order.

45

Schedule A1 was inserted by the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015 (S.S.I. 2015/329).  There are amendments to Schedule A1 not relevant to this Order.

47

S.I. 2014/2936, to which there are amendments not relevant to this Order.