Medical Practitioners (Registration) (Jersey) Law 1960: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 15 December 2017:

Decision Reference: MD-HSS-2017-0079

Decision Summary Title :

Medical Practitioners (Registration) (Jersey) Law 1960

Date of Decision Summary:

5 December 2017

Decision Summary Author:

Head of Professional and Care Regulation

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Written Report

Title :

Medical Practitioners (Registration) (Jersey) Law 1960

Article 5D requirement to make a return

Drafting Instructions for Order

Date of Written Report:

5 December 2017

Written Report Author:

Head of Professional and Care Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Medical Practitioners (Registration)(Jersey) Law 1960. Prescribed by Order - Requirement for registered medical practitioners to make a return to the Minister

Decision(s): The Minister for Health and Social decided to prescribe by Order the intervals, dates and information to be submitted by registered medical practitioners in a return required under Article 5D of the Law

Reason(s) for Decision:

To enable the provision in the Law requiring medical practitioners to make a return of specified information at two yearly intervals as set out in the attached report. This is to ensure that the register of medical practitioners remains up to date.

Resource Implications:

None

Action required:

The Law Draftsman is requested to arrange for the preparation of the necessary draft Order

Signature:

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

Medical Practitioners (Registration) (Jersey) Law 1960: Amendment: Law drafting instructions

Medical Practitioners (Registration) (Jersey) Law 1960

Article 5D requirement to make a return

Drafting Instructions for Order

REPORT

5 December 2017

Policy Statement

Article 5D of the amended Medical Practitioners (Registration) (Jersey) Law 1960 (the Law) makes provision for the Minister for Health and Social Services to require medical practitioners registered under the Law to make a return at such intervals, by such dates and containing such information as may be prescribed. The Order required under this Article has not as yet been made.

The Law was amended in 2011 with the amendments brought into force in October 2014. The amendment transferred the responsibility for medical practitioner registration from the Royal Court (Judicial Greffe), to the Minister and made various other provisions in relation to registration and fitness to practice requirements.

Prior to 2014, the information held on the register of medical practitioners was minimal and there was no provision to remove a registrant’s name if they were no longer practising. The 2011 amendment enables the Minister to require registrants to make a return and if they fail to provide such a return the Minister can cancel the registration. This ensures the register can remain relatively up to date. The policy position, stated in the consultation bringing into force the provisions relating to the new amendment to the Law, was that a return would be required every 2 years.

From early in 2108 an electronic web based process for the registration process for health and social care professionals will be implemented which will include a facility to enable registrants to make their return online. This requires the Order setting out the intervals for submitting and information to be provided to be made.

Drafting Instructions

Article 5D of the Law provides for the Minister of Health and Social Services to require a registered medical practitioner to:

“provide to the Minister, at such intervals and by such dates as may be prescribed, a return in such a form and containing such information as may be prescribed”

Interval and dates for making a return

We would like the Order to require a medical practitioner to make a return every two years recurring.

For all medical practitioners registered after the Order takes effect this should be by the last day of the month in which the medical practitioner is registered. i.e. Dr X is registered on 14 March 2018, the return therefore will be required on 31st March 2020.

For medical practitioners already registered before the Order is made, there will need to be a transitional arrangement. This should require a return to be submitted, within a period of 12 months from the date on which the Order is made. Thereafter, every two years, the return should be submitted by the last day of the month in which the medical practitioner is registered. i.e. if the Order is made on 1st April 2018, Dr Y who was registered on 26 June 1984, and who makes a return during 2018, will be required to make his next return by 30 June 2020. Dr Z who was registered on 21st September 1997 and makes a return in February 2019, will be required to make his next return by 30 September 2021

Content of information

The information in the return should confirm a subset of information set out in the Schedule to the Medical Practitioners (Registration)(General Provisions)(Jersey) Order 2014 that is provided at the time of application. This should include:

Full name with which the registrant is registered under the Medical Act 1993 of the United Kingdome (the 1993 Act)
Gender and date of birth
The residential address with which the registrant is registered under the 1993 Act
The registrant’s telephone number and email address
The registrant’s General Medical Council (GMC) registration number
The addresses at which the registrant provides medical services in Jersey
The name, address and email address of each employer for whom and each company, partnership or other entity as a director, partner or other officer of which the registrant provides medical services in Jersey
The date by which the registrant is next due to pay a retention fee in respect of the registrant’s name on the UK register
The registrant’s next submission date for fitness practise and revalidation for continued registration under the 1993 Act
The name and address of the registrant’s responsible officer under the Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014
Where the registrant continues to have a responsible officer in the UK, the name and address of that responsible officer
Declaration that the person completing the return is the registrant and to the best of his or her knowledge, information and belief, the information provided by him or her is true and complete.

Form in which information is supplied

It is intended that most medical practitioners will submit their return online. This will involve validating or amending/updating prepopulated screens containing the above information supplied at the time the medical practitioner applied for registration (and over time, from the information validated or supplied on the returns). However if requested by the registrant, the information may also be supplied in paper form and again this will be on a prepopulated form that the registrant should validate or amend/update, sign and date. The Order will therefore need to reflect that the information can be provided or verified electronically or in paper form.

Official