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National Health Service Act 1977; National Health Service and Community Care Act 1990: Restriction of Practice and Exclusion from Work Directions 2003

  • Document type:
    Publication
  • Author:
    Department of Health
  • Published date:
    29 December 2003
  • Primary audience:
    Professionals
  • Publication format:
    Electronic only
  • Gateway reference:
    2196
  • Series number:
    HSC 2003/012
  • Copyright holder:
    Crown copyright

The Secretary of State has issued Directions requiring NHS bodies to comply with the framework which is contained in Maintaining High Professional Standards in the Modern NHS.

The text of the Direction is as follows:

NATIONAL HEALTH SERVICE ACT 1977
NATIONAL HEALTH SERVICE AND COMMUNITY CARE ACT 1990

Restriction of Practice and Exclusion from Work Directions 2003

The Secretary of State for Health, in exercise of the powers conferred by section 17*, paragraph 10(1) of Schedule 5(b) and paragraph 8(3) of Schedule 5A(c) to the National Health Service Act 1977, paragraph 16(5) of Schedule 2 to the National Health Service and Community Care Act 1990**  and of all other powers enabling him in that behalf, hereby gives the following directions:

Citation, commencement, application and interpretation

1. -(1) These Directions are given to all NHS bodies in England.

(2) These Directions shall come into force on 5th January 2004.

(3) These Directions shall be referred to as "The Restriction of Practice and Exclusion from Work Directions 2003".

(4) In these Directions:

"Departmental Sponsor" means the senior point of contact for a Special Health Authority within the Department of Health, as specified in that Special Health Authority's framework document;

"NHS bodies" means:
(i) Strategic Health Authorities;
(ii) Special Health Authorities;
(iii) NHS Trusts;
(iv) Primary Care Trusts.

Compliance with Framework

2. -All NHS bodies shall comply with the "Maintaining High Professional Standards in the Modern NHS" Framework ("the framework") as set out in the document annexed to these Directions.

3. - NHS Trusts and Primary Care Trusts shall notify Strategic Health Authorities of the actions they have taken to comply with the framework by 1st April 2004.

4. -Strategic Health Authorities shall provide a report on the local implementation of the framework to the Secretary of State by 30th September 2004.

5. - Special Health Authorities shall notify their Departmental Sponsor of the actions they have taken to comply with the framework by 1st April 2004.

Withdrawal of Circular

6. -For the avoidance of doubt, the scheme set out in the NHS Executive guidance circular HSG(94)49 is withdrawn.

Signed by authority of the Secretary of State for Health
M G Sturges
December 2003
Department of Health

*1997 c.49. Section 17 was substituted by section 12(1) of the Health Act 1999 (c.8) and was amended by Schedule 5, Part 1, paragraph 5(1) and (3), to the Health and Social Care Act 2001 (c.15) and by Schedule 1, paragraph 7 of the NHS Reform and Health Care Professions Act 2002 (c.17).

**Paragraph 10(1) of Schedule 5(b) and paragraph 8(3) of Schedule 5A(c) to the National Health Service Act 1997 (1977 c.49), and paragraph 16(5) of Schedule 2 to the National Health Service and Community Care Act 1990 were amended by section 6 of the Health and Social Care Act 2001 (c.15).

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