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Regulation 9 Nomination of responsible officer by the Secretary of StateI1

England, Wales and Scotland

(1)

Subject to the following provisions of this regulation, the Secretary of State may nominate a responsible officer for a designated body where—

(a)

the designated body has failed to nominate or appoint a responsible officer F1or a sufficient number of responsible officers in accordance with regulation 5 or 6; or

(b)

the designated body has nominated or appointed as a responsible officer a person who does not meet the conditions in regulation 7.

(2)

Before making a nomination under paragraph (1) for an NHS body in Scotland, the Secretary of State must consult the Scottish Ministers.

(3)

Before making a nomination under paragraph (1) for an NHS body in Wales, the Secretary of State must consult the Welsh Ministers.

(4)

Before making a nomination under paragraph (1) for an NHS Foundation Trust, the Secretary of State must consult F2NHS England.

Annotations

Textual amendments

F1

Words in reg. 9(1)(a) inserted (1.4.2013) by The Medical Profession (Responsible Officers) (Amendment) Regulations 2013 (S.I. 2013/391), regs. 1(1), 3(3)

F2

Words in reg. 9(4) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 108(2)

Commencement

I1

Reg. 9 in force at 1.1.2011, see reg. 1(1)