States of Jersey Law 2005: delegation of functions – Health and Social Services – revised delegations October 2014.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article  3  –  the  keeping  and  amending  of  a  register  of medical practitioners.

Scope of delegation:

1. To keep a  register of persons registered  as medical practitioners.
2. To enter in the register the prescribed information in respect of the person.
3. To remove from the register the name of a person –

1. who has died;
2. who has requested the cancellation of his or her registration under Article 8; or
3. whose  registration  has  been  cancelled  under Article 9 of the Law.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 4 – to make a list of registered medical practitioners available to the public.

Scope of delegation:

1. to ensure that a list of the names of registered medical practitioners, showing such information regarding their qualification for registration as may be prescribed, is published  or  made  available  for  viewing  at  all reasonable times by members of the public;
2. to determine where and how this list is published.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 5  –  to  receive  and  accept  an  application  for registration as a medical practitioner.

Article 5A  –  determine  whether  an  applicant  meets  the requirement for registration under Article 5A(1).

Article 5B  –  determine  whether  it  is  necessary  to  apply conditions to an applicant's registration in accordance with Article 5B(1).

Article 5C – to issue a certificate following registration of a

medical practitioner.

Article 5D  –  to  receive  and  accept  a  return  containing information prescribed from registered medical practitioners.

Scope of delegation:

1. To receive and accept an application for registration under this Law as a medical practitioner.
2. To register the applicant as a medical practitioner if satisfied that –

1. the  applicant fulfils the prescribed requirements for registration; and
2. the  application  is  not  made  within  a  period specified in a direction under Article 9(3) of the Law that is in force in relation to the applicant.

3. Before refusing to register an applicant as a medical practitioner by reason of the application not complying with the requirements of Article 5(2) of the Law, to give the applicant an opportunity to make his or her application  compliant  with  the  requirements  of  that provision

4. Upon refusing an application for registration –

1. to  serve  notice  on  the  applicant  of  his  or  her decision to refuse the application and the reasons for it; and
2. to refund the registration fee paid by the applicant.

5. If deemed necessary to do so –

1. to protect members of the public;
2. because it is otherwise in the public interest; or
3. in the interests of the person,

to impose a condition on the registration of a person as a medical practitioner either at the time of, or after registration  and  to  decide  the  length  of  time  the condition  will  remain  in  force  in  accordance  with Articles 5B(3) and (4).

6. To extend  the  period that  any  condition remains  in force in accordance with Articles 5B(5) and (6).
7. To impose any prescribed mandatory conditions on the registration of a medical practitioner.
8. To issue  certificates  of  registration  to  medical practitioners in accordance with Article 5C.

The delegation does not extend to determining the fee under Article 5(3).

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 8 – to cancel the registration of a medical practitioner at any time at the request of the practitioner.

Article 9(2)(a) – to determine whether an offence for which a medical practitioner is convicted makes the person unfit to

be a medical practitioner under.

Article 9(2)(d)  –  to  determine  whether  an  individual  has engaged in conduct of a kind that makes the person unfit to be a medical practitioner under.

To  cancel  a  registration  on  the  grounds  set  out  in Articles 9(1),  9(2)  following  the  process  set  out  under Articles 9(4) and 9(5); including determining the reason for the decision to cancel a person's registration.

To direct the period of time for which the registration is cancelled in accordance with Article 9(3).

To restore a person's registration in the case where an appeal is lodged under Article 10B of the Law.

To  determine  under  Article 9(8)  whether  the  grounds  on which a registration was cancelled are so serious that the cancellation should continue.

Scope of delegation:

1. To cancel the registration at any time, on the receipt of a written request from the medical practitioner.
2. To cancel the registration of a medical practitioner if she/he –

1. ceases to fulfil the requirements prescribed under Article 5A(1)(a) of the Law;
2. has obtained registration by fraudulent means; or
3. has  not  provided  a  return  within  60  days, following  a  request  by  notice  in  writing,  as required under Article 5D of the Law;
4. is convicted of an offence that makes him or her unfit to be a medical practitioner;
5. has  failed  to  comply  with  a  condition  imposed under  Article 5B(1)  of  (7)  on  his  or  her registration;
6. is  found  to  have  engaged  in  behaviour  that constituted  a  contravention  of  or  a  failure  to comply  with,  any  term  or  condition  of  any authority to practise as a medical practitioner by virtue  of  which  authority  he/she  fulfils  the requirements  for  registration  prescribed  under Article 5A(1)(a).

3. Before cancelling a person's registration to give the person an opportunity to make representation and to receive such representation.

4. To serve  notice  on  a  person  whose  registration  is cancelled that sets out –

1. the decision to cancel the registration;
2. the reasons for the decision;
3. the period during which the person shall not be registered.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 10(1) – to suspend and remove the suspension of a medical practitioner's registration.

Article 10(2) – to determine whether there may be grounds for  cancellation  of  a  person's  registration  as  a  medical practitioner  and  in  such  circumstances  suspend  their registration.

Article 10(3) – to extend a suspension.

Article 10(4) to serve a notice on a person whose registration is suspended or whose suspension is extended.

Scope of delegation:

1. to suspend  a  medical  practitioner's  registration  on becoming aware that the authority to practise by virtue of  which  the  person  fulfils  the  requirement  for registration prescribed under Article 5A (1) (a) of the Law has been suspended; and
2. end a person's suspension upon becoming aware that the  person's  authority  to  practise,  is  no  longer suspended;
3. where  there  may  be  grounds  for  cancellation  of  a person's registration suspend a person's registration as a medical practitioner while enquiries are conducted for a period not exceeding 3 months;
4. extend a suspension on one or more occasions for, on each occasion, a period not exceeding 3 months;
5. serve  notice  on  a  person  whose  registration  is suspended or the suspension extended of –

1. the decision to suspend or extend the suspension of the person's registration;
2. the  reason  for  the  decision  to  suspend  the registration;
3. the period for which the suspension has effect.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 10A(1) – to receive and accept an application to amend a direction given under Article 9(3) of the Law. Article 10A(2) – to determine whether or not to amend a direction given under Article 9(3) of the Law in relation to a person making an application.

Article 10A(3)  – to inform the  person of the  decision in relation to an application to amend a direction by serving a notice that includes the reasons for the decision.

Scope of delegation:

1. to receive and accept, from a person whose registration is cancelled on the grounds set out in Article 9(1)(b) or 9(2), an application to amend a direction specifying the period before the person can re-apply for registration under Article 5A;
2. after receiving an application, to determine whether or not to amend the period before the person can re-apply for registration as a medical practitioner;
3. to inform the applicant in writing about the decision and the reasons for the decision.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 4(1)(a), Article 4(2) – to supply an application form and  determine  what  documents  may  be  required  from  a person applying for registration as a medical practitioner to verify the information specified in the application.

Scope of delegation:

The delegation does not extend to determining the fee that should accompany the application.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 6(3) – to receive and accept written information from a medical practitioner of any changes in circumstances under this Article.

Article 6(4) – to receive and accept written information from a  medical  practitioner  of any  changes  in  the  information provided  by  the  person  at  the  time  of  applying  for registration.

Article 6(5) – to receive and accept evidence of any name change.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 7(1) – to require a registered medical practitioner to verify or provide information of any changes in the specified

information held by the registrar in respect of the person. Article 7(2)  –  to send a  registered  medical  practitioner a statement of all or any of the specified information held by the registrar.

Article 7(3)(c)  –  to  determine  the  date  by  which  the information  should  be  returned  and  accept  the  returned statement.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 8(1) – to pass on any information that raises or may raise  an  issue  about  a  medical  practitioner's  fitness  to practise to the person's responsible officer.

Legislation:

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 4(2) – to appoint a responsible officer for each class of medical practitioners.

Article 4(2) – to determine if there is a conflict of interest or an appearance of bias between a responsible officer and a medical  practitioner  and  in  such  cases  where  there  is  a conflict of interest or appearance of bias, to appoint a second responsible officer.

Article 4(3) – to ensure that under Article 4(2), there is no conflict of interest or appearance of bias between the second responsible officer and the medical practitioner.

Legislation:

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

SCHEDULE 1

Paragraph 2(c)(ii) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer for the Responsible Officers class for the purpose of discharging functions under the Law.

SCHEDULE 2

Paragraph 2(c)(ii) – to receive and accept referrals relating to

concerns about a medical practitioner from the responsible officer for the States Employees class for the purpose of discharging functions under the Law.

SCHEDULE 3

Paragraph 2(c)(ii) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer for Performers class for the purpose of discharging functions under the Law.

SCHEDULE 4

Paragraph 2(c)(ii) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer  for  the  Independent  Practitioners  class  for  the purpose of discharging functions under the Law.

SCHEDULE 5

Paragraph 2(2)(d) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer  for  the  UK  Connected  Practitioners  class  for  the purpose of discharging functions under the Law.

Legislation:

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

SCHEDULE 6

Paragraph 1  –  to  authorize  in  writing  a  person  to  be  an inspector'.

Paragraph 3  –  to  receive  and  accept  from  a  responsible officer  information,  copies  and  photographs  related  to  a concern  that  raises  or  may  raise  issues  about  a  medical practitioner's  fitness  to  practise  for  the  purpose  of discharging functions under the Law.

Legislation:

Piercing and Tattooing (Jersey) Law 2002

Delegate:

Medical  Officer  of  Health  or,  in  his/her  absence,  his/her nominated deputy.

Function delegated:

Article 2(1) – the registration of persons and premises in connection  with  the  administration  of  any  treatment  in accordance with the law.

Article 2(2) – the prior approval to occasionally administer treatment elsewhere than from the registered premises. Article 3(a), (b), (c) – to prescribe the form of application, categories of treatment in respect of which an application is made and the particulars which the application contains.

Article 4  –  to  determine  whether  or  not  a  person  and premises fulfils the requirements under the law. To impose conditions on the registration of persons or premises and to maintain the register of persons and premises under the law. To  receive  notification  of  any  changes  of  particulars  for persons or premises registered.

Article 7(1) – to appoint in writing any suitably qualified person to be a designated officer for the purposes of the Law.

Article 11  –  the  proposal  to  grant  registration  subject  to conditions, to notify the person concerned of the intention to do so and the reasons therefore.

Scope of delegation:

The delegation of functions does not extend to the following matters that are reserved for the Minister –

Article 3(d) – the decision to set a fee for registration and the scale of the fee.

Article 4(2) – the decision to refuse to register or renew the registration of a person or premises.

Article 10 – the revocation of a registration for a person and where  that  person  is  the  only  registered  person  at  that premises, to revoke also the registration in respect of those premises.

Article 11 – where there is a proposal to refuse registration under Article 4 or revoke registration under Article 10, to notify the person concerned of the intention to do so and the reasons therefore.