Regulation 5 Duty to nominate or appoint responsible officersF1I1
England, Wales and Scotland
Subject to the following provisions of this regulation, every designated body must nominate or appoint a responsible officer.
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When a responsible officer nominated or appointed in accordance with F5paragraphs (1) or (2) ceases to hold that position, subject to paragraph (4), the designated body must nominate or appoint a replacement as soon as reasonably practicable.
When a responsible officer nominated or appointed in accordance with paragraph (2) ceases to hold that position, F6the designated body is not required to nominate or appoint a replacement if, in its opinion, there remains a sufficient number of responsible officers appointed or nominated under that paragraph.
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Subject to paragraph (6), a body listed in Part 2 of the Schedule to these Regulations which is a designated body by virtue of regulation 4(3) is not required to nominate or appoint a responsible officer if, and for so long as, there is no prescribed connection under regulation 10 between that body and any medical practitioner.
Paragraph (5) does not apply where a medical practitioner would have, but for the application of regulation 12, a prescribed connection with a designated body under regulation 10.
Annotations
Textual amendments
- F1
Reg. 5 substituted (1.4.2013) by The Medical Profession (Responsible Officers) (Amendment) Regulations 2013 (S.I. 2013/391), regs. 1(1), 3(2)
- F2
Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
- F3
Words in reg. 5(2) inserted (27.3.2025) by The Medical Profession (Responsible Officers) (Amendment) Regulations 2025 (S.I. 2025/221), regs. 1(1), 2(2)(a)
- F4
Reg. 5(2A) omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 2 para. 13(2)(a) (with reg. 7)
- F5
Words in reg. 5(3) substituted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 2 para. 13(2)(b) (with reg. 7)
- F6
Words in reg. 5(4) substituted (27.3.2025) by The Medical Profession (Responsible Officers) (Amendment) Regulations 2025 (S.I. 2025/221), regs. 1(1), 2(2)(b)
- F7
Reg. 5(4A) omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 2 para. 13(2)(a) (with reg. 7)