There is information on the Department of Health's website to be used by NHS Trusts, Primary Care Trusts and Strategic Health Authorities when making appointments to consultant posts. It provides good practice guidance on the NHS (Appointment of Consultants) Amendment Regulations 2004 (Statutory Instrument 2004 No. 3365). Note that Primary Care Trusts and Strategic Health Authorities were abolished by the Health and Social Care Act 2012. The Department of Health have confirmed that the Appointment of Consultants Regulations do not apply to Clinical Commissioning Groups (CCGs).
NHS Foundation Trusts are not covered by the Consultant Appointment regulations.
The Academy of Medical Royal Colleges (AoMRC) and the Foundation Trust Network (FTN) has agreed a Concordat regarding the role of the medical royal colleges in the recruitment process for consultants to posts in NHS Foundation Trusts.
Appointment to Public Health posts
Employers should ensure that advertisements for consultant grade posts in Public Health are clear about any component which requires the post holder to be a registered medical or dental practitioner.
It is generally accepted that most of the duties of a public health consultant post can be done by a person who either is or is not a registered medical or dental practitioner. If through custom and practice a post holder has given, for example, medical advice then this should be recognised in the individual's job description.
If a post is advertised which requires a post holder to be a registered medical or dental practitioner then the job description should clearly justify this. If a post is advertised which could be filled either by a registered medical or dental practitioner or otherwise because only a minority component of the post requires this and the employer would utilise other arrangements to cover this function e.g. giving medical advice - then this component should nevertheless be clearly identified in a job description when filled by a registered medical or dental practitioners.
Registered medical or dental practitioners in a post including these functions will appropriately be placed under the Terms and Conditions of Service for NHS medical and dental staff rather than Agenda for Change.