Devolution and health policy: A map of divergence within the NHS - 1st annual update


April 2007

Appendix 1: A summary of key legislative and regulatory differences across the UK

 

UK

England

Scotland

Northern Ireland

Wales

Legal

The Medical Act 1983
regulates the medical
profession.

In the UK all legislation
is enacted by the UK
Parliament.

The Office of Public
Sector Information lists
all UK legislation (Acts
and statutory
instruments) and that
of the devolved nations.

All legislation enacted
by the UK Parliament
and delegated legislation
(Statutory Instruments)
whether applied to the
United Kingdom as a
whole or the devolved
nations is made by the
UK Parliament.

The Scotland Act 1998
and its associated
delegated legislation
established the
Scottish Parliament and
the Scottish Executive.

Partnership law is
different to that in the
other nations.

The Northern Ireland
(Elections) Act 1998, the
Northern Ireland Acts
1998 and 2000 and the
associated delegated
legislation established
the Northern
Ireland Assembly.

Some legislation on
health had been
enacted before
suspension in 2002.

The Northern Ireland
Assembly is suspended.
Legislation is made by
Her Majesty by Order
in Council.

The Government of
Wales Act 2006 which
incorporates the
assembly and executive.

Pensions

There are 3 NHS pension
schemes, England and
Wales, Northern Ireland
and Scotland. Each are
separate schemes.

Regulation of schemes is
by statute, amendments
are made through
parliament. Benefits are
fully guaranteed by the
Government.

The scheme is regulated
by the NHS Pensions
Agency for England and
Wales.
The scheme is regulated
by the Scottish Public
Pensions Agency.
The scheme is regulated
by the Health, Social
Services and Public
Safety Executive.
The Scheme is regulated
by the NHS Pensions
Agency for England
and Wales.
Employment /
contractual

Nationally agreed terms
and conditions of service
are collectively
negotiated by the
BMA on behalf of all
UK doctors.

There are regional and
local contractual variants
out with the nationally
agreed terms and
conditions of service.

The same TCS apply for
practitioners in England
and Wales.
There are national
variations of legislation
underpinning the TCS.
There are national
variations of legislation
underpinning the TCS.
The same TCS apply for
practitioners in England
and Wales with some
variation to the
consultants and GP
contracts.
Regulation

The GMC regulates all
UK doctors.

All doctors working in
the NHS are required
by statute to be
registered with the
GMC.

The GMC was
established under the
Medical Act of 1858.
This enacted legal
authority and gave
powers to protect,
promote and maintain
the health and safety
of the public.

The House of Commons,
Health Select Committee
and DH are primarily
focused on general
health regulation.

The quality of care is
covered by regulation
through the Healthcare
Commission.

Scottish Parliament has
full legislative power
for health in Scotland
except for professional
regulation and
abortion.

Since suspension of the
Northern Ireland
Assembly and Executive
responsibility for health
is with the Health
and Personal Social
Services and Northern
Ireland Office.

Quality of health and
personal social services
is regulated by the
Regulation and Quality
Improvement
Authority.

The National Assembly
for Wales has legislative
power for Wales except
for regulation.

The Welsh deanery is
piloting an appraisal
process for revalidation
and recertification on
behalf of the GMC.

Education and training

PMETB is the
independent statutory
body, responsible for
overseeing and
promoting the
development of
postgraduate medical
education and training
for all specialties,
including general
practice, across the UK.

Standards of training
and education of doctors
are regulated by the
Royal Colleges who are
also responsible for
curriculum and eligibility
criteria. This varies by
Colleges and extent
of jurisdiction.

Orange guide for
specialty training
framework applies
for higher education
training.

Variation of curriculum,
for example Royal
College of Surgeons of
England.

Orange guide for
specialty training
framework applies
for higher education
training.

Variation of curriculum,
for example Royal
College of Surgeons of
Edinburgh.

Orange guide for
specialty training
framework applies
for higher education
training.

Variation of curriculum,
for example Royal
College of Surgeons of
Northern Ireland.

The Northern Ireland
Medical and Dental
Training Agency is
responsible for funding,
managing and
supporting postgraduate
medical and dental
education within the
Northern Ireland
Deanery.

There is only one
Deanery at Queens’
University Belfast.

Orange guide for
specialty training
framework applies
for higher education
training.

Curriculum follows
England model (Royal
College of Surgeons of
England) with support
for doctors in Wales
shared by regional
Royal College of
Surgeons offices.

© British Medical Association 2008

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