Medical Practitioners
(Registration) (Responsible Officers) (Jersey) Order 2014
1 Interpretation
In this Order –
“1983 Act” means the Medical Act 1983 of the United
Kingdom as amended;
“General Council” means the General Medical Council
continued, as a body corporate, by section 1 of the 1983 Act;
“Law” means the Medical Practitioners
(Registration) (Jersey) Law 1960;
“performer” means a registered medical practitioner
whose name is included in the Performers List;
“Performers List” means the list of that name maintained
under the Performers List Regulations;
“Performers List Regulations” means the Health Insurance (Performers
List for General Medical Practitioners) (Jersey) Regulations 2014;
“prescribed connection” has the meaning given in Article 2;
“States Employment Board” has the same meaning as in the
Employment of States of
Jersey Employees (Jersey) Law 2005.
2 Prescribed connection
For the purposes of this Order, a registered medical practitioner
has a prescribed connection if a designated body, within the meaning of any
Regulations made under section 45A of the 1983 Act, has a
connection with the practitioner that is prescribed in those Regulations.
3 Classification
of registered medical practitioners
(1) There shall be
5 classes of registered medical practitioners –
(a) Responsible
Officers;
(b) States
Employees;
(c) Performers;
(d) Independent
Practitioners; and
(e) UK
Connected Practitioners.
(2) A registered medical
practitioner is in the Responsible Officers class if he or she –
(a) is
appointed as a responsible officer for the States Employees class, the
Performers class, the Independent Practitioners class or the UK Connected
Practitioners class; and
(b) does
not have a prescribed connection.
(3) A registered medical
practitioner is in the States Employees class if –
(a) he or
she is –
(i) a person who, in
the course of his or her employment by the States Employment Board, practises
medicine, or
(ii) a
person who practises medicine under a contract of service between the person
and the Health and Social Services department; and
(b) he or
she –
(i) is not in the
Responsible Officers class, and
(ii) does
not have a prescribed connection.
(4) A registered medical
practitioner is in the Performers class if he or she is a performer.
(5) A registered medical
practitioner is in the Independent Practitioners class if –
(a) he or
she is not in the Responsible Officers class, the States Employees class or the
Performers class; and
(b) he or
she does not have a prescribed connection.
(6) A registered medical
practitioner is in the UK Connected Practitioners class if he or she is not a
performer and has a prescribed UK connection.
(7) If, apart from this
paragraph, a registered medical practitioner would be in both the States
Employees class and the Performers class, the practitioner is in –
(a) the
States Employees class, if –
(i) most of his or
her clinical practice is as a States employee, or
(ii) there
is no significant difference in the amount of clinical practice that the
practitioner undertakes as, respectively, a State employee and a performer; or
(b) the
Performers class, if most of his or her clinical practice is as a performer.
4 Appointment
of responsible officers
(1) The arrangements
described in Article 10C(1) of the Law shall be directed, in relation to a
class, by the responsible officer for that class.
(2) The Commission shall
appoint a responsible officer for each class.[1]
(3) If there is a conflict
of interest or an appearance of bias between a responsible officer and a
registered medical practitioner who is in the class for which the officer is
responsible (the “relevant practitioner”), the Commission must
appoint a second responsible officer for the class.[2]
(4) In considering who to
appoint under paragraph (3), the Commission must ensure that there is no
conflict of interest or appearance of bias between the person to be appointed
and the relevant practitioner.[3]
(5) Where a second
responsible officer has been appointed under paragraph (3), that
responsible officer, and not the first responsible officer, has the
responsibilities of the responsible officer in relation to the relevant
practitioner.
(6) A person may only be
appointed as a responsible officer if –
(a) he or
she is a registered medical practitioner; and
(b) at
the time of appointment, has been, throughout the preceding 5 years, fully
registered as a medical practitioner under the 1983 Act.
(7) A person may be
appointed as a responsible officer for more than one class.
(8) A person must continue
to be a registered medical practitioner in order to remain as a responsible
officer.
5 Responsibilities
of responsible officer in relation to Responsible Officers
Schedule 1 has effect regarding the responsibilities of the
responsible officer for registered medical practitioners in the Responsible
Officers class.
6 Responsibilities
of responsible officer in relation to States Employees
Schedule 2 has effect regarding the responsibilities of the
responsible officer for registered medical practitioners in the States
Employees class.
7 Responsibilities
of responsible officer in relation to Performers
Schedule 3 has effect regarding the responsibilities of the
responsible officer for registered medical practitioners in the Performers
class.
8 Responsibilities
of responsible officer in relation to Independent Practitioners
Schedule 4 has effect regarding the responsibilities of the
responsible officer for registered medical practitioners in the Independent
Practitioners class.
9 Responsibilities
of responsible officer in relation to UK Connected Practitioners
Schedule 5 has effect regarding the responsibilities of the
responsible officer for registered medical practitioners in the UK Connected
Practitioners class.
10 Investigations
and information sharing
Schedule 6 has effect to confer powers of investigation and
permit the sharing of information.
11 Citation
This Order may be cited as the Medical Practitioners (Registration)
(Responsible Officers) (Jersey) Order 2014.
SCHEDULE 1[4]
(Article 5)
RESPONSIBILITIES
OF RESPONSIBLE OFFICER FOR RESPONSIBLE OFFICERs CLASS
1 Interpretation
of Schedule 1
In this
Schedule –
“practitioner”
means a registered medical practitioner in the Responsible Officers class;
“responsible officer”
means the responsible officer for the Responsible Officers class.
2 Duties
of responsible officer – appraisals and fitness to practise
(1) The
responsible officer has the responsibilities specified in this paragraph
relating to the evaluation of the fitness to practise of every practitioner.
(2) The
responsibilities referred to in sub-paragraph (1) are –
(a) to
take all reasonably practicable steps to ensure that the practitioner undergoes
regular appraisals in accordance with sub-paragraph (3);
(b) to
take all reasonably practicable steps to investigate concerns about the
practitioner’s fitness to practise raised by any person or arising from
any other source;
(c) where
appropriate, to refer concerns about the practitioner to –
(i) the General
Council,
(ii) the
Commission, for the purposes of the discharge of its functions under the Law;
(d) where
the practitioner is subject to conditions imposed by, or undertakings agreed
with, the General Council, to monitor compliance with those conditions or
undertakings;
(e) to
make recommendations to the General Council about the practitioner’s
fitness to practise; and
(f) to
maintain records of the practitioner’s fitness to practise evaluations,
including appraisals and any other investigations or assessments.
(3) The
responsible officer must take reasonably practicable steps to ensure that
appraisals referred to in sub-paragraph (2)(a) –
(a) are
carried out by or on behalf of the States Employment Board; and
(b) involve
obtaining and taking account of all available information relating to the
practitioner’s fitness to practise in the work carried out by the
practitioner during the appraisal period.
(4) Procedures
under sub-paragraph (2)(b) must include provision for the
practitioner’s comments to be sought and taken into account where
appropriate.
(5) The
responsible officer must co-operate with the General Council and any of its
committees, or any persons authorized by the General Council, in connection
with the exercise by them of any of their functions under Part 3A
or 5 of the 1983 Act.
3 Additional
responsibilities
(1) The
responsible officer has the following responsibilities to the extent that a
practitioner is practising in Jersey.
(2) The
responsible officer must ensure that the practitioner has established systems
and procedures which will enable the practitioner to carry out his or her
responsibilities –
(a) in
the case of the responsible officer for the States Employees class, under
paragraph 3(2) of Schedule 2;
(b) in
the case of the responsible officer for the Performers class, under
paragraph 3(2) of Schedule 3 and the Performers List Regulations, in
respect of the admission of persons to the performers list;
(c) in
the case of the responsible officer for the Independent Practitioners class,
under paragraph 2(2) of Schedule 4; and
(d) in
the case of the responsible officer for the UK Connected Practitioners class,
under paragraph 2(2) of Schedule 5.
(3) In
relation to monitoring the conduct and performance of practitioners, the
responsible officer must –
(a) review
regularly the general performance information held by the States Employment
Board and any administration of the States regarding practitioners;
(b) identify
any issues arising from that information relating to practitioners, such as
variations in individual performance; and
(c) take
all reasonably practicable steps to ensure that any such issues are addressed.
(4) In
relation to ensuring that appropriate action is taken in response to concerns
about the conduct or performance of practitioners, the responsible officer must
take all reasonably practicable steps –
(a) to
ensure that investigations are initiated by or on behalf of the States
Employment Board and conducted with appropriately qualified investigators;
(b) to
ensure that procedures are in place to address concerns raised about the
practitioner by any person or arising from any other source;
(c) to
ensure that any investigation into the conduct or performance of a practitioner
takes into account any other relevant matters within the administration of the
States within which the practitioner practises;
(d) to
consider the need for further monitoring of the practitioner’s conduct
and performance and take steps to ensure that this takes place where
appropriate;
(e) to
ensure that a practitioner who is subject to procedures under this
sub-paragraph is kept informed about the progress of the investigation;
(f) to
ensure that procedures under this sub-paragraph include provision for the
practitioner’s comments to be sought and taken into account where
appropriate;
(g) where
appropriate –
(i) to take any steps
necessary to protect patients,
(ii) to
recommend to the States Employment Board that the practitioner should be
suspended or have conditions or restrictions placed on his or her practice;
(h) to
identify concerns and ensure that appropriate measures are taken to address
these, including, but not limited to –
(i) requiring the
practitioner to undergo training or retraining,
(ii) offering
rehabilitation services,
(iii) recommending
to the States Employment Board, and facilitating the provision of, opportunities
to increase the practitioner’s work experience; and
(i) to
maintain accurate records of all steps taken in accordance with this
sub-paragraph.
4 Duty
to have regard to guidance
(1) In
discharging his or her responsibilities under paragraph 2, the responsible
officer must have regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 45C(2) of the 1983 Act; and
(b) guidance
given by the General Council, including Good Medical Practice and guidance on fitness
to practise procedures, to the extent that it relates to the nomination or
appointment of responsible officers or their responsibilities as such.
(2) In
discharging his or her responsibilities under paragraph 3, the responsible
officer must have regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 120(6) of the Health and Social Care Act 2008 of the United
Kingdom; and
(b) guidance
given by the National Clinical Assessment Service division of the National
Health Service Litigation Authority, to the extent that it relates to the
nomination or appointment of responsible officers or their responsibilities as
such.
SCHEDULE 2[5]
(Article 6)
responsibilities
of responsible officer for STATES EMPLOYEES
1 Interpretation
of Schedule 2
In this
Schedule –
“contract of service”
means a contract described in Article 3(3)(a)(ii);
“practitioner”
means a registered medical practitioner in the States Employees class;
“responsible officer”
means the responsible officer for the States Employees class.
2 Duties
of responsible officer -appraisals and fitness to practise
(1) The
responsible officer has the responsibilities specified in this paragraph
relating to the evaluation of the fitness to practise of every practitioner.
(2) The
responsible officer must –
(a) ensure
that regular appraisals of the practitioner are carried out by or on behalf of
the States Employment Board, in accordance with sub-paragraph (3);
(b) establish
and implement procedures to investigate concerns about a practitioner’s
fitness to practise raised by any person or arising from any other source;
(c) where
appropriate, to refer concerns about the practitioner to –
(i) the General
Council, and
(ii) the
Commission, for the purposes of the discharge of its functions under the Law;
(d) where
the practitioner is subject to conditions imposed by, or undertakings agreed
with, the General Medical Council, to monitor compliance with those conditions
or undertakings;
(e) to
make recommendations to the General Council about the practitioner’s
fitness to practise; and
(f) to
maintain records of the practitioner’s fitness to practise evaluations,
including appraisals and any other investigations or assessments.
(3) The
responsible officer must ensure that appraisals referred to in sub-paragraph (2)(a)
involve obtaining and taking account of all available information relating to
the practitioner’s fitness to practise in the work carried out by the
practitioner for the States Employment Board, and for any other organization or
body, during the appraisal period.
(4) The
procedures required by sub-paragraph (2)(b) must include provision for the
practitioner’s comments to be sought and taken into account where
appropriate.
(5) The
responsible officer must co-operate with the General Medical Council and any of
its committees, or any persons authorized by the General Medical Council, in
connection with the exercise by them of any of their functions under Part 3A
or 5 of the 1983 Act.
3 Additional
responsibility of responsible officer in respect of recruitment, conduct and
performance
(1) The
responsible officer has the following responsibilities to the extent that a
practitioner is practising in Jersey.
(2) In
relation to the entry by the States Employment Board into contracts of
employment with practitioners for the provision of medical services, and in
relation to the entry by the Health and Social Services Department into
contracts for the provision of medical services by practitioners, the
responsible officer must –
(a) ensure
that the medical practitioners to be employed or contracted with have
qualifications and experience appropriate to the work to be performed;
(b) ensure
that the medical practitioners to be employed or contracted with have
sufficient knowledge of the English language necessary for the work to be
performed in a safe and competent manner;
(c) ensure
that appropriate references are obtained and checked;
(d) take
any steps necessary to verify the identity of the medical practitioners; and
(e) maintain
accurate records of all steps taken in accordance with clauses (a)
to (d).
(3) In
relation to monitoring the conduct and performance of practitioners, the
responsible officer must –
(a) review
regularly the general performance information, including clinical indicators
relating to outcomes for patients, that is held by any administration of the
States in which the practitioner, as a States employee or under a contract of
service, practises medicine;
(b) identify
any issues arising from that information relating to practitioners, such as
variations in individual performance; and
(c) ensure,
so far as he or she is able, that steps are taken by or on behalf of the States
Employment Board to address any such issues.
(4) In
relation to ensuring that appropriate action is taken in response to concerns
about the conduct or performance of a practitioner, the responsible officer
must –
(a) initiate
investigations with appropriately qualified investigators;
(b) ensure
that procedures are in place to address concerns raised by patients or staff of
any administration of the States in which the practitioner is, as a States
employee or under a contract of service, practising medicine or arising from
any other source;
(c) ensure
that any investigation into the conduct or performance of a practitioner takes
into account any other relevant matters within any administration of the States
in which the practitioner is practising as a States employee or under a
contract of service;
(d) consider
the need for further monitoring of the practitioner’s conduct and
performance and ensure that this takes place where appropriate;
(e) ensure
that a practitioner who is subject to procedures under this sub-paragraph is
kept informed about the progress of the investigation;
(f) ensure
that procedures under this sub-paragraph include provision for the
practitioner’s comments to be sought and taken into account where
appropriate;
(g) where
appropriate –
(i) take any steps
necessary to protect patients,
(ii) where
the practitioner is an employee, recommend to the States Employment Board that
the practitioner should be suspended or have conditions or restrictions placed
upon his or her practice, and
(iii) where
the practitioner is working under a contract for services, recommend to Health
and Social Services Department that the contract should be terminated or
revised so as to place conditions or restrictions on the practitioner’s
clinical practice under the contract;
(h) identify
concerns and ensure that appropriate measures are taken to address these,
including but not limited to –
(i) requiring the
practitioner to undergo training or retraining,
(ii) offering
rehabilitation services,
(iii) providing
opportunities to increase the practitioner’s work experience, and
(iv) addressing
any systemic issues within the hospital or other administration of the States
in which the practitioner works, which may have contributed to the concerns
identified; and
(i) maintain
accurate records of all steps taken in accordance with this sub-paragraph.
4 Duty
to have regard to guidance
(1) In
discharging his or her responsibilities under paragraph 2, the responsible
officer must have regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 45C(2) of the 1983 Act; and
(b) guidance
given by the General Council, including Good Medical Practice and guidance on
fitness to practise procedures, to the extent that it relates to the nomination
or appointment of responsible officers or their responsibilities as such.
(2) In
discharging his or her responsibilities under paragraph 3, the responsible
officer must have regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 120(6) of the Health and Social Care Act 2008 of the United
Kingdom;
(b) guidance
given by the National Clinical Assessment Service division of the National
Health Service Litigation Authority, to the extent that it relates to the
nomination or appointment of responsible officers or their responsibilities as
such; and
(c) guidance
given by the National Health Service Commissioning Board to the extent that it
relates to the responsible officer’s duties under paragraph 3(2)(b).
SCHEDULE 3[6]
(Article 7)
responsibilities
of responsible officer for PERFORMERS
1 Interpretation
of Schedule 3
In this Schedule
“responsible officer” means the responsible officer for the
Performers class.
2 Duties
of responsible officer – appraisals and fitness to practise
(1) The
responsible officer has the responsibilities specified in this paragraph
relating to the evaluation of the fitness to practise of every performer.
(2) The
responsibilities referred to in sub-paragraph (1) are –
(a) to
ensure that the requirements of paragraph 3 of Schedule 2 to the Performers
List Regulations in respect of appraisals are complied with;
(b) to
discharge his or her functions under Part 3 of the Performers List
Regulations in respect of the investigation of concerns regarding a
performer’s fitness to practise;
(c) where
appropriate, to refer concerns about the performer to –
(i) the General
Council,
(ii) the
Commission, for the purposes of the discharge of its functions under the Law;
(d) where
a performer is subject to conditions imposed by, or undertakings agreed with,
the General Council, to monitor compliance with those conditions or
undertakings;
(e) to
make recommendations to the General Council about performers’ fitness to
practise; and
(f) to
maintain records of performers’ fitness to practise evaluations, including
appraisals and any other investigations or assessments.
(3) The
responsible officer must co-operate with the General Council and any of its
committees, or any persons authorized by the General Council, in connection
with the exercise by them of any of their functions under Part 3A
or 5 of the 1983 Act.
3 Additional
responsibility of responsible officer in respect of admission to the Performers
List, conduct and performance
(1) The
responsible officer has the following responsibilities to the extent that a
practitioner is practising in Jersey.
(2) The
responsible officer must, in accordance with the Performers List
Regulations –
(a) ensure
that the practitioners to be included in the Performers List have
qualifications and experience appropriate to the provision of medical services,
as defined in the Health
Insurance (Jersey) Law 1967;
(b) ensure
that practitioners to be included in the Performers List have sufficient knowledge
of the English language to perform those medical services in a safe and
competent manner;
(c) ensure
that appropriate references are obtained from applicants for inclusion in the
Performers List, and checked;
(d) take
any steps necessary to verify the identity of applicants for inclusion in the
Performers List; and
(e) maintain
accurate records of all steps taken in accordance with clauses (a)
to (d).
(3) In
relation to monitoring the conduct and performance of performers, the
responsible officer must –
(a) review
regularly the general performance information, including clinical indicators
relating to outcomes for patients, that is held by an administration of the
States or submitted by a performer in accordance with the Performers List
Regulations;
(b) identify
any issues arising from that information relating to practitioners, such as
variations in individual performance; and
(c) ensure
that steps are taken, under the Performers List Regulations or otherwise, to
address any such issues.
(4) In
relation to ensuring that appropriate action is taken in response to concerns
about the conduct or performance of a performer, the responsible officer must,
in accordance with the powers and procedures in the Performers List
Regulations –
(a) initiate
investigations with appropriately qualified investigators;
(b) ensure
that concerns raised by any person, or arising from any other source, regarding
a performer are addressed;
(c) ensure
that any investigation into the conduct or performance of a practitioner takes
into account any other relevant matters within the body or entity in which the
performer is providing medical services;
(d) consider
the need for further monitoring of a performer’s conduct and performance
and ensure that this takes place where appropriate;
(e) where
appropriate take any steps necessary to protect patients; and
(f) identify
concerns and ensure that appropriate measures are taken to address these,
including but not limited to –
(i) requiring the
practitioner to undergo training or retraining,
(ii) offering
rehabilitation services,
(iii) providing
opportunities to increase the practitioner’s work experience, and
(iv) addressing
any systemic issues within the practice within which the performer is
practising which may have contributed to the concerns identified; and
(g) maintain
accurate records of all steps taken in accordance with this sub-paragraph.
4 Duty
to have regard to guidance
(1) In
discharging his or her responsibilities under paragraph 2, the responsible
officer must have regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 45C(2) of the 1983 Act; and
(b) guidance
given by the General Council, including Good Medical Practice and guidance on
fitness to practise procedures, to the extent that it relates to the nomination
or appointment of responsible officers or their responsibilities as such.
(2) In
discharging his or her responsibilities under paragraph 3, the responsible
officer must have regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 120(6) of the Health and Social Care Act 2008 of the United
Kingdom;
(b) guidance
given by the National Clinical Assessment Service division of the National
Health Service Litigation Authority, to the extent that it relates to the
nomination or appointment of responsible officers or their responsibilities as
such; and
(c) guidance
given by the National Health Service Commissioning Board, to the extent that it
relates to the responsible officer’s duties under paragraph 3(2)(b).
SCHEDULE 4[7]
(Article 8)
responsibilities
of responsible officer for Independent Practitioners
1 Interpretation
of Schedule 4
In this
Schedule –
“practitioner”
means a registered medical practitioner in the Independent Practitioners class;
“responsible officer”
means the responsible officer for the Independent Practitioners class.
2 Duties
of responsible officer – appraisals and fitness to practise
(1) The
responsible officer has the responsibilities specified in this paragraph
relating to the evaluation of the fitness to practise of every practitioner.
(2) The
responsibilities referred to in sub-paragraph (1) are –
(a) to
assess –
(i) whether the
practitioner undergoes regular appraisals, and
(ii) whether
those appraisals satisfy the requirements of sub-paragraph (3),
and to receive such
appraisals submitted by the practitioner;
(b) to
take all reasonably practicable steps to investigate concerns about the
practitioner’s fitness to practise raised by any person or arising from
any other source;
(c) where
appropriate, to refer concerns about the practitioner to –
(i) the General
Council,
(ii) the
Commission, for the purposes of the discharge of its functions under the Law;
(d) where
the practitioner is subject to conditions imposed by, or undertakings agreed
with, the General Council, to monitor compliance with those conditions or
undertakings;
(e) to
make recommendations to the General Council about the practitioner’s
fitness to practise; and
(f) to
maintain records of the practitioner’s fitness to practise evaluations,
including appraisals and any other investigations or assessments.
(3) The
appraisals undertaken by a practitioner must –
(a) be
carried out by an appropriate person; and
(b) involve
obtaining and taking account of all available information relating to the
practitioner’s fitness to practise in the work carried out by the
practitioner during the appraisal period.
(4) The
steps taken under sub-paragraph (2)(b) must include provision for the
practitioner’s comments to be sought and taken into account where
appropriate.
(5) The
responsible officer must co-operate with the General Council and any of its
committees, or any persons authorized by the General Council, in connection
with the exercise by them of any of their functions under Part 3A
or 5 of the 1983 Act.
3 Duty
to have regard to guidance
In discharging his or her
responsibilities under paragraph 2, the responsible officer must have
regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 45C(2) of the 1983 Act; and
(b) guidance
given by the General Council, including Good Medical Practice and guidance on
fitness to practise procedures, to the extent that it relates to the nomination
or appointment of responsible officers or their responsibilities as such.
SCHEDULE 5[8]
(Article 9)
responsibilities
of responsible officer for UK Connected Practitioners
1 Interpretation
of Schedule 5
In this
Schedule –
“practitioner”
means a registered medical practitioner in the UK Connected Practitioners
class;
“responsible officer”
means the responsible officer for the UK Connected Practitioners class.
2 Duties
of responsible officer – fitness to practise
(1) The
responsible officer has the responsibilities specified in this paragraph
relating to the evaluation of the fitness to practise of every practitioner.
(2) The
responsibilities referred to in sub-paragraph (1) are –
(a) to
take all reasonably practicable steps to investigate concerns about the
practitioner’s fitness to practise raised by any person;
(b) where
appropriate, to refer concerns about the practitioner to the
practitioner’s responsible officer in the United Kingdom;
(c) where
appropriate, to refer concerns about the practitioner to the General Council;
and
(d) where
appropriate, to refer concerns about the practitioner to the Commission, for
the purposes of the discharge of the Commission’s functions under the
Law.
(3) Procedures
under sub-paragraph (2)(a) must include provision for the
practitioner’s comments to be sought and taken into account where
appropriate.
3 Duty
to have regard to guidance
In discharging his or her
responsibilities under paragraph 2, the responsible officer must have
regard to –
(a) guidance
given by the Secretary of State of the United Kingdom in accordance with
section 45C(2) of the 1983 Act; and
(b) guidance
given by the General Council, including Good Medical Practice and guidance on
fitness to practise procedures, to the extent that it relates to the nomination
or appointment of responsible officers or their responsibilities as such.
SCHEDULE 6[9]
(Article 10)
inspections
and information sharing
1 Interpretation
of Schedule 5
In this Schedule,
“inspector” means a person authorized in writing by the Minister as
described in Article 30(5)(a)(i) of the Health
Insurance (Jersey) Law 1967.
2 Powers
of inspection
(1) The
powers conferred by this paragraph may be exercised by –
(a) a
responsible officer; or
(b) an
inspector, acting at the direction of a responsible officer.
(2) The
powers conferred by this paragraph may only be exercised where a responsible
officer becomes aware of a concern that appears to raise an issue regarding the
fitness to practise of a practitioner for whom the responsible officer is
responsible.
(3) The
powers conferred by this paragraph may only be exercised for the purpose of
ascertaining whether the concern in fact raises an issue regarding the
practitioner’s fitness to practise.
(4) A
person exercising the powers of inspection conferred by this paragraph must, if
so required, produce evidence of his or her authority.
(5) The
powers are –
(a) to
enter, at all reasonable times, any premises or place liable to inspection
under this paragraph;
(b) to
examine, either alone or in the presence of any other person, as the person
exercising the powers of inspection thinks fit, every person whom the person
exercising the powers of inspection finds in any such premises or place, and to
require every such person to be examined; and
(c) to
require the production of, inspect, examine, copy and photograph, any record or
document by the practitioner, a business partner of the practitioner or an
employee of the practitioner.
(6) The
power in sub-paragraph (5)(c) includes the power to require the production
of and to inspect, examine, copy and photograph, any record or document that
includes special category data, where the conditions under the Data
Protection (Jersey) Law 2018, and any Regulations made under
it, for processing of such data are satisfied.[10][11]
(7) A
person who –
(a) wilfully
delays or obstructs the exercise of the powers conferred by this paragraph;
(b) refuses
or neglects to answer any question asked in exercise of the powers conferred by
this paragraph; or
(c) refuses
or neglects to produce any record or document in his or her possession or
control when required in exercise of the powers conferred by this paragraph,
is guilty of an offence
and liable to a fine of level 3 on the standard scale.
(8) A
person shall not be guilty of an offence under sub-paragraph (7) by reason
that the person refuses to answer any question or produce any document that the
person could not be compelled to supply or produce in civil proceedings before
the Royal Court.
(9) The
premises and places that are liable to inspection under this paragraph are any
premises or place at which the person exercising the powers conferred by this
paragraph has reasonable grounds for believing that that the practitioner to
whom the concern relates is practising or has practised medicine or keeps
records or documents relating to his or her practice of medicine.
(10) The
premises and places that are liable to inspection under this paragraph only
include a private dwelling-house if and to the extent that the dwelling-house,
or part of it, is used for the practise of medicine or the keeping or records
or documents relating to the practise of medicine.
3 Information
sharing
(1) Where
the powers of inspection conferred by paragraph 2 are exercised by an
inspector, at the direction of a responsible officer, the inspector must, and
may only, pass the information, copies and photographs obtained to a
responsible officer.
(2) A
responsible officer may only pass information, copies and photographs related
to a concern that raises or may raise an issue regarding a practitioner’s
fitness to practise to –
(a) the
General Council, for the purposes of the discharge of its functions under
the 1983 Act;
(b) where
the practitioner to whom the concern relates has a prescribed UK connection, to
the practitioner’s responsible officer in the United Kingdom, for the
purposes of the discharge of that officer’s functions under
the 1983 Act;
(c) the Commission,
for the purposes connected with its functions under the Law; and
(d) the
Minister for Social Security, for purposes connected with the his or her
approval of practitioners under the Health
Insurance (Jersey) Law 1967.
(3) Sub-paragraph (2)
applies whether the information, copies and photographs have been obtained by
the responsible officer by the exercise of the powers conferred by
paragraph 2 or provided to the responsible officer voluntarily by the
practitioner or any other person.
(4) The
responsible officer must inform a practitioner when information, copies and
photographs concerning the practitioner are passed to another body or person.
(5) A
person who receives information from a responsible officer pursuant to
sub-paragraph (2) may only use it for the purposes specified in the
person’s case in that sub-paragraph.
4 Keeping
of information
(1) A
responsible officer shall keep secure information, copies and photographs
obtained or received under or for the purposes of this Order.
(2) When
a responsible officer no longer needs to keep information, copies or
photographs obtained or received under or for the purposes of this Order, the
responsible officer shall either cause the information, copies and photographs
to be destroyed in a secure manner or return it to the person who provided it.