OpenLegislation

Regulation 5 Duty to nominate or appoint responsible officersF1I1

England, Wales and Scotland

(1)

Subject to the following provisions of this regulation, every designated body must nominate or appoint a responsible officer.

(2)

F2NHS England F3, the Department of Health and Social Care and the General Council must nominate or appoint a sufficient number of responsible officers.

F4(2A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

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.

(4)

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.

F7(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

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.

(6)

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)

Commencement

I1

Reg. 5 in force at 1.1.2011, see reg. 1(1)