The Anaesthesia Associates and Physician Associates Order 2024

Article 20

Schedule 5CONSEQUENTIAL AMENDMENTS

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)(1) (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—

Video Recordings Act 1984

2.  In the Video Recordings Act 1984(2) 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 1997(3), 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 2002(4) 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 2003(5) 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 2006(6), in the table in section 41(7) (registers: power to refer), at the end insert—

Data Protection Act 2018

7.  In the Data Protection Act 2018(7), 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 2001(8), 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) 2001(9), 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) 2002(10), 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 2004(11), 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) 2004(12), 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) 2004(13), 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 2007(14), 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 2007(15), in the table in Article 43(7) (registers: power to refer), at the end insert—

Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008

16.  In the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008(16), 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 2011(17), 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 2011(18), 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 2012(19), 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 2013(20), 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 2013(21), in—

(a)article 2(1)(22) (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 A1(23) (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 2014(24), 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 2014(25), 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”.