ANNEX A
SCOTTISH STATUTORY INSTRUMENTS
2008 No. PUBLIC HEALTH
The Public Health etc. (Scotland) Act Designation of Competent Persons Regulations 2008
Made - - - - 2008
Laid before the Scottish the Scottish Parliament - - - - 2008
Coming into force - - - - 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 3(4) and (5), and section 5(4) and (5) of the Public Health etc. (Scotland) Act 2008, and all other powers enabling them to do so.
Citation, commencement and interpretation
1. -(1) These Regulations may be cited as the Public Health etc. (Scotland) Act Designation of Competent Persons Regulations 2008 and shall come in to force on .
(2) In these Regulations-
"the Act" means the Public Health etc. (Scotland) Act 2008;
"Health Board competent person" is given the meaning in section 3 of the Act;
"Local authority competent person" is given the meaning in section 5 of the Act;
"Health Board" and "Special Health Board" are as defined in the National Health Service (Scotland) Act 1978;
"Local Authority" means a council constituted under section 2 of the Local Government Etc. (Scotland) Act 1994;
" UK Public Health Register" means the register of public health specialists established in 2003 by the Faculty of Public Heath, the Royal Institute of Public Health and the Multidisciplinary Public Health Forum.
List of Health Board Competent Persons
2. -(1) Each Health Board in Scotland must maintain a current list of health board competent persons for that Health Board area to carry out the functions conferred by the Public Health etc. (Scotland) Act 2008 and any other enactment.
(2) A person who is in receipt of the relevant qualifications set out in Regulation 3 may be listed as a Health Board competent person if a Health Board designates that person as a competent person for that Health Board's area.
(3) A person shall be listed as a health board competent person for as long as the health board considers the listing appropriate.
Qualifications for Health Board Competent Persons
3. For a person to be eligible for designation as a Health Board Competent Person, that person must-
(a) be employed by a Health Board in Scotland; and
(b) be a registered medical practitioner on the General Medical Council's Specialist Register for public health medicine with a minimum of 6 months' work experience in health protection; or
(c) be a registered medical practitioner who has held a substantive consultant post in the UKNHS in public health medicine prior to 1st January 2008; or
(d) be a nurse, registered with the Nursing and Midwifery Council, with a minimum of 2 years work experience in health protection; or
(e) be accredited as a public health specialist on the UK Public Health Register, having gained access to the Register by the training route, with a minimum of 6 months' work experience in health protection; or
(f) be accredited as a public health specialist on the UK Public Health Register, having gained access to the Register by the portfolio route, with a minimum of 2 years' 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 an NHS Board, or equivalent; or
(b) work experience in health protection in a Special Health Board in Scotland or Special Health Authority in England and Wales, or equivalent.
List of Local Authority Competent Persons
5. -(1) Each local authority in Scotland must maintain a current list of local authority competent persons for that local authority to carry out the functions conferred by the Public Health etc. (Scotland) Act 2008 and any other enactment.
(2) A person who is in receipt of the relevant qualifications set out in Regulation 6 may be listed as a local authority competent person if a local authority designates that person as a competent person for that local authority area.
(3) A person shall be listed as a local authority competent person for as long as the local authority considers the listing appropriate.
Qualifications for Local Authority Competent Persons
6. For a person to be eligible for designation as a local authority competent person that person must-
(a) be employed by a local authority in Scotland; and
(b) be an environmental health officer, accredited by the Royal Environmental Health Institute of Scotland (or equivalent body), with a minimum of 2 years' experience working as an environmental health officer within a local authority or equivalent.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2008