The Public Health etc. (Scotland) Act 2008 Designation of Competent Persons Regulations 2009

Made: 26th August 2009

Laid before the Scottish Parliament: 28th August 2009

Coming into force: 1st October 2009

In accordance with section122(3) of that Act they have consulted such persons as they consider appropriate.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Public Health etc. (Scotland) Act 2008 Designation of Competent Persons Regulations 2009 and shall come in to force on 1st October 2009.

• (2) In these Regulations—

• “Specialist Register” means a register maintained by the General Medical Council pursuant to article13(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[^f00002]; and

• “UK Public Health Register” means the register of public health specialists established in 2003 type=start slip=2011-07-01 time=1311243703817by the Faculty of Public Healthtype=end slip=2011-07-01 time=1311243703817, the Royal Institute of Public Health and the Multidisciplinary Public Health Forum.

Designation of Health Board Competent Persons

2

A person who meets the criteria and is in receipt of the relevant qualifications set out in type=start slip=2011-07-01 time=1311243744255regulation3 may be designatedtype=end slip=2011-07-01 time=1311243744255 as a health board competent person.

Criteria and Qualifications for Health Board Competent Persons

3

To be eligible for designation as a health board competent person, a person must—

• (a) be employed by or have a contract for services with a health board in Scotland; and

• (b)

• (i) be a registered medical practitioner on the General Medical Council’s Specialist Register in the speciality of public health medicine with a minimum of 6months’ work experience in health protection; or

• (ii) be a registered medical practitioner who holds a substantive consultant post in public health medicine in a health board or the common services agency or equivalent and held that post prior to 1stJanuary 2008 and who has a minimum of 6months’ work experience in health protection; or

• (iii) be a nurse, registered with the Nursing and Midwifery Council, with a minimum of 2years work experience in health protection; or

• (iv) be registered as a public health specialist on the UK Public Health Register, having gained access to the Register through education and training, with a minimum of 6months’ work experience in health protection; or

• (v) be registered as a public health specialist on the UK Public Health Register, having gained access to the Register by portfolio assessment, with a minimum of 2years’ work experience in health protection.

Definition of work experience in health protection

4

For the purposes of these Regulations ‘work experience in health protection’ means—

• (a) work experience in a health protection team in a health board or the common services agency, or equivalent; or

• (b) work experience in health protection in a special health board, or equivalent.

Designation of Local Authority Competent Persons

5

A person who meets the criteria and is in receipt of the relevant qualifications set out in type=start slip=2011-07-01 time=1311243779256regulation6 may be designatedtype=end slip=2011-07-01 time=1311243779256 as a local authority competent person.

Criteria and Qualifications for Local Authority Competent Persons

6

To be eligible for designation as a local authority competent person, a person must—

• (a) be employed by a local authority in Scotland;

• (b) be an environmental health officer, meaning a person holding the Diploma in Environmental Health awarded by the Royal Environmental Health Institute of Scotland or equivalent; and

• (c) have a minimum of 2years’ experience working as an environmental health officer within a local authority or equivalent.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 26th August 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Public Health etc. (Scotland) Act 2008 (“the Act”) provides that each health board (section3) and each local authority (section5) must designate a sufficient number of persons to be known as health board and local authority competent persons for the purpose of exercising specified public health functions under the Act. In each case the Scottish Ministers have the power to prescribe the qualifications and training of such persons in regulations.

Regulation2 provides that a person who meets the criteria and has the qualifications set out in type=start slip=2011-07-01 time=1311243805459regulation3 is eligibletype=end slip=2011-07-01 time=1311243805459 to be designated as a health board competent person.

Regulation3 provides the criteria which a health board competent person must meet and the qualifications which such a person must hold.

Regulation4 provides a definition of work experience in health protection for the purposes of these Regulations.

Regulation5 provides that a person who meets the criteria and has the qualifications set out in type=end slip=2011-07-01 time=1311244157151regulation6 is eligibletype=start slip=2011-07-01 time=1311244188964 to be designated as a local authority competent person.

Regulation6 provides the criteria which a local authority competent person must meet and the qualifications which such a person must hold.

Footnotes

[^f00001]: 2008 asp5.

[^f00002]: S.I. 2003/1250.