NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Appointment of Consultants) (Scotland) Regulations 2009 and come into force on 1st July 2009. Interpretation 2 1 In these Regulations– “ the Act ” means the National Health Service (Scotland) Act 1978; “Board” means a Health Board constituted under section 2(1)(a) of the Act or a Special Health Board constituted under section 2(1)(b) of the Act , and all references to a “Board” in these Regulations include the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act; “consultant post” means a post at the consultant grade in the relevant speciality; “hospice” means an institution which provides hospital accommodation wholly or mainly for persons resident who are terminally ill; “relevant speciality”, in relation to a proposed appointment, means the branch of medicine or dentistry in which it is proposed to make the appointment; “Specialist List” means a list maintained by the General Dental Council in accordance with regulations made by the General Dental Council pursuant to section 26(3) and (4) of the Dentists Act 1984 ; and “Specialist Register” means the register maintained by the General Medical Council pursuant to article 13(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 . Appointments to which the regulations apply 3 1 Subject to regulation 4, these Regulations apply to appointments to consultant posts on the staff of a Board. 2 In making such appointments Boards must have regard to guidance which the Scottish Ministers may from time to time issue. Appointments to which the regulations do not apply 4 1 These Regulations do not apply to the following appointments– a appointment to an honorary consultant post including, in particular, any such appointment of a person who is and will continue to be– i a professor, reader or other member of a medical or dental department of a university; ii a research worker for the purposes of whose research it is necessary or expedient that the worker be appointed to the staff of a Board; or iii a medical practitioner who is on the staff of a hospice to provide medical services in the hospice; b appointment for a period not exceeding– i in the case of an appointment on a locum basis, 12 months; or ii in any other case, 2 years; 2 In this regulation– “honorary”, in relation to a consultant post, means that the employment in that post is on terms that the holder receives no remuneration for that post; and “remuneration” does not include any distinction award or the defraying of expenses involved in the carrying out of the duties of a hospital appointment. External Advisers 5 1 A Board proposing to make an appointment to which these regulations apply must appoint a person to act as an adviser to the Board throughout the recruitment process, such person to be known as the External Adviser. 2 The External Adviser must be– a named on a list of suitable and trained persons held by or on behalf of the Medical Royal Colleges and Faculties in Scotland; b not employed by the Board making the appointment; and c either– i on the Specialist Register kept by the General Medical Council for the relevant speciality or; ii on a Specialist List kept by the General Dental Council for the relevant speciality. Assessment Panel 6 1 A Board proposing to make an appointment to which these regulations apply must convene a panel for the purpose of candidate assessment and selection, such panel to be known as the Assessment Panel. 2 Subject to paragraph (3) the Assessment Panel must consist of– a an officer of the Board who is the Chair; b an External Adviser appointed in accordance with regulation 5; and c a minimum of one additional practising consultant from the relevant speciality. 3 The Board may appoint any other persons that the Board determines necessary to the Assessment Panel. Selection and appointment 7 1 Following the assessment of all candidates the Assessment Panel must determine the most appropriate candidate if any for the consultant post. 2 The decision of the Assessment Panel as to the most appropriate candidate (or that there is no appropriate candidate) must be made by a vote in which all members of the Assessment Panel have an equal vote. 3 In the event that the votes of the Assessment Panel are tied the Chair has a casting vote. 4 The Chair has authority on behalf of the Board to make an offer of employment to a person determined by the Assessment Panel to be the most appropriate candidate for the consultant post. 5 If for any reason the Chair is unable to appoint a candidate to the consultant post the recruitment process will cease and reasons must be provided in writing to the Board by the Chair. 6 If the Board determines it to be appropriate, a new recruitment process for the consultant post may be commenced. Revocation and transitional provisions 8 1 Subject to paragraph (2) the National Health Service (Appointment of Consultants) (Scotland) Regulations 1993 are revoked. 2 Appointments to a consultant post first advertised before 1st July 2009 will continue to be made in accordance with the Regulations revoked by paragraph (1). Consequential Amendments 9 The provisions in the Schedule are amended as specified in that Schedule. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 29th April 2009