News

Employer consultation on the appointment of consultant regulations

DHSC is planning to amend the NHS (Appointment of Consultants) Regulations 1996 to reflect the dissolution of PHE and we are seeking your views.

13 July 2021

The regulations currently state that a consultant who was previously appointed to a post at Public Health England (PHE) and is then appointed with similar duties at a trust, is exempt from the regulations.

As part of the planned changes, consultants who are employed at PHE will either, transfer to the new UK Health Security Agency (UK HSA) or to Department of Health and Social Care (DHSC).

DHSC is proposing to alter the wording of the current legislation by substituting the reference to PHE for a reference to UK HSA and DHSC, meaning that in the future any consultant who is appointed to a trust having been in a similar role at UK HSA or DHSC will be exempt from the appointment regulations.

The wording of the proposed amendment is:

Amendment to the National Health Service (Appointment of Consultants) Regulations 1996

  1. In regulation 5(1)(g) of the National Health Service (Appointment of Consultants) Regulations 1996 for the words “or at Public Health England, an executive agency of the Department of Health,”, substitute “or at the Department of Health and Social Care, or the United Kingdom Health Security Agency, an executive agency of the Department of Health and Social Care,”.

We would welcome any employer views on this planned amendment to medicalworkforce@nhsemployers.org by Monday 2 August for us to feed back to DHSC.