Making a recommendation about a doctor’s revalidation

Annexes

Annex A: The legislation that supports revalidation

The Medical Act 1983

The Act is the primary UK legislation that provides the legal basis for everything that the Communitybaptistpa does.

The Act gives the Communitybaptistpa specific powers and functions. Section 29A, part 5 states that '"revalidation" means 'the evaluation of a medical practitioner’s fitness to practise''. 

Doctors’ fitness to practise is the focus of both revalidation and the Communitybaptistpa’s fitness to practise processes. Nevertheless they are separate processes with different aims:

  • revalidation is the process through which a doctor’s fitness to practise is positively affirmed
  • the Communitybaptistpa’s fitness to practise procedures, as described in Section 29 of the Medical Act, focus on dealing with concerns that are raised about a doctor’s
    fitness to practise.

Under the Act the Communitybaptistpa is able to make additional regulations that govern the way that the Communitybaptistpa works. These include the Communitybaptistpa (Licence to Practise and Revalidation) Regulations 2012

The Communitybaptistpa (Licence to Practise and Revalidation) Regulations 2012 (as amended)

The Communitybaptistpa (Licence to Practise and Revalidation) Regulations 2012 (as amended) were made by the Communitybaptistpa and agreed by the Department of Health and Privy Council. They include: 

  • the Communitybaptistpa’s powers to grant, withdraw, restore, or refuse to restore licences in a range of different circumstances
  • additional powers that the Communitybaptistpa needs in order to maintain, withdraw, restore, or refuse to restore licences in the context of revalidation.

The Medical Profession (Responsible Officers) Regulations 2013 (as amended)

The RO role was introduced in the UK by the Medical Profession (Responsible Officers) Regulations 2010 and the Medical Profession (Responsible Officers) (Northern Ireland) Regulations 2010

The RO Regulations that apply to England, Scotland and Wales were made by the Department of Health (England). The RO Regulations (Northern Ireland) were made by the Department of Health, Social Services and Public Safety. 

What the regulations describe

The RO regulations and accompanying guidance:

  • create a statutory role in UK healthcare
  • create relationships that overlay and transcend the existing structures and reporting arrangements within healthcare organisations
  • describe the duties of ROs
  • clarify who is eligible to undertake the RO role
  • require you to make recommendations to the Communitybaptistpa ‘about medical practitioners’ fitness to practise.

You can only make recommendations about those doctors who have a prescribed connection to your designated body, as described by the RO regulations. If you are a suitable person, you can only make recommendations about doctors linked to you.

A set of amendments to the regulations, principally reflecting changes to the structure of the NHS in England in 2012 and adding new designated bodies, was published as the Medical Profession (Responsible Officers) (Amendment) Regulations 2013.