Terms and Conditions of Service NHS Medical and Dental Staff 2002
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Terms and Conditions of Service NHS Medical and Dental Staff (England) 2002111 September 2002 Version 2 - 1 December 2002 Version 3 - 10 January 2003 Version 4 - 6 February 2004 Version 5 - 17 February 2005 Version 6 - 1 June 2005 Version 7 - 1 March 2007 Version 8 - 30 July 2007 Version 9 - 31 March 2008 Version 10 - 31 March 2013 Versions 1-9 were published as the National Health Service Hospital Medical and Dental Staff and Doctors in Public Health Medicine and the Community Health Service (England and Wales) Terms and Conditions of Service CONTENTS Subject Paragraphs Introduction ………………………………………………………………………..……… i - xii Rates of Pay……………………………………………………………………………….. 1-2 Appointment to, and Tenure of, Posts ………………………………………………….. 3 - 12 Basis of Contract ……………………………………………………………………….. 13 - 26 Contractual Duties of Practitioners ……………………………………………………. 30 - 38 Payment of Fees: Doctors in Public Health Medicine and the Community Health Service……………………………………………………………39 Private Practice …………………………………………………………………… 40 - 43 Clinical and Senior Clinical Medical Officers: Additional Work………………………. 44 Medical Superintendents and Deputy Medical Superintendents…………………… 49 Chief Officers of Health Authorities…………………………………………………….. 50 - 51 London Weighting Allowance…………………………………………………………….. 55 - 60 Part-time Appointments …………………………………………………………… 61 - 69 Job-Sharing………………………………………………………………………………. 70 Multiple Appointments…………………………………………………………………….. 71 - 76 Teaching and Research………………………………………………………………….. 78 - 86 General Practitioner Hospital Units……………………………………………………… 87- 93 Appointments Held Only By Part-Time Practitioners………………………………… 94 - 105 Arrangements for Cover During Absences and Locum Tenens……………………. 106 – 110 Locum Practitioners Basis of Contract………………………………………………... 111 Acting Up Allowances…………………………………………………………………… 112 Remuneration of Locum Practitioners………………………………………………… 113 - 116 Application of the Terms and Conditions of Service to Locum Practitioners………… 117 Registration of Locum Practitioners…………………………………………………….. 118 Starting Salaries and Incremental Dates………………………………………………. 121 Counting of Previous Service……………………………………………………………. 122 – 125 Increments on First Appointment to a Grade…………………………………………. 126 - 131 Protection………………………………………………………………………………… 132 Promotion Increase………………………………………………………………………. 133 Hard to Fill Consultant Posts……………………………………………………………. 134 Interpretation of Paragraphs 121 to 134………………………………………………. 135 - 136 Domiciliary Consultations……………………………………………………………….. 140 - 149 Exceptional Consultations……………………………………………………………….. 155 - 157 Lecture Fees……………………………………………………………………………... 165 - 166 Charges for Residence…………………………………………………………………… 173 - 182 Medical Examination on Appointment………………………………………………….. 186 - 188 Disciplinary Procedures…………………………………………………………………. 189 Termination of Employment……………………………………………………………. 195 - 198 Retiring Age……………………………………………………………………………….. 200 - 201 Annual Leave……………………………………………………………………………. 205 - 217 Sick Leave…………………………………………………………………………………. 225 - 244 Study Leave……………………………………………………………………………… 250 - 254 Special Leave……………………………………………………………………………. 260 - 262 Expenses - General Provisions………………………………………………………… 275 - 276 Travelling Expenses and Mileage Allowances………………………………………... 277 - 303 Crown Cars………………………………………………………………………………. 304 - 308 Other Expenses………………………………………………………………………….. 311 - 313 Removal Expenses………………………………………………………………………. 314 - 315 Miscellaneous…………………………………………………………………………… 330 - 342 Application………………………………………………………………………………… 343 - 344 Page 2 of 111 SUPPLEMENT: Terms and conditions of service for doctors undertaking sessional work in the community health service, providing medical services to local authorities under the collaborative arrangements and undertaking medical examinations of prospective NHS employees APPENDIX I Please see the latest Pay Circular, which deals with pay and conditions of service, available in the relevant section of the NHS Employers website at: http://www.nhsemployers.org APPENDIX II Application of General Whitley Council Agreements APPENDIX III Application of General Whitley Council Agreements by Subject Matter APPENDIX IV Please see the latest Pay Circular, which deals with fees and allowances payable to doctors for sessional work, available in the relevant section of the NHS Employers website at: http://www.nhsemployers.org APPENDIX V Index to Examples of Category 1 and 2 Items of Service APPENDIX VI(i) [Temporary Insertion] Maternity Leave and Pay APPENDIX VI(ii) [Temporary Insertion] Employment Break Scheme APPENDIX VI (iii) [Temporary Insertion] Redundancy Pay35 APPENDIX VI (iv) [Temporary Insertion] Caring for Children and Adults APPENDIX VI (v) [Temporary Insertion] Flexible Working Arrangements APPENDIX VI (vi) [Temporary Insertion] Balancing Work and Personal Life INDEX Index to Terms and Conditions by Subject Matter17, 41 Page 3 of 111 INTRODUCTION i. This handbook sets out the Terms and Conditions of Service of hospital medical and dental Staff and doctors and dentists in public health and the community health service in England. It supersedes the handbook issued in 1994, and incorporates all amendments agreed between the Secretary of State and the medical and dental professions as at31 March 2013.18, 36, 42, 113 ii. The remuneration and conditions of service set out in this handbook have been approved by the Secretary of State under Regulations 2 and 3 of the National Health Service (Remuneration and Conditions of Service) Regulations 1991 (SI 1991 No 481) and under paragraph 11 of Schedule 3 to the National Health Service Act 1977. iii. The Terms and Conditions of Service set out in this handbook shall incorporate, and be read subject to, any amendments which are from time to time the subject of negotiation by the appropriate negotiating bodies and are approved by the Secretary of State after considering the results of such negotiations. A record of amendments to these Terms and Conditions of Service is available in the relevant section of the NHS Employers website at http://www.nhsemployers.org.43, 114 iv. The approved provisions of this handbook are the Terms and Conditions of Service determined from time to time for the purposes of the contracts of hospital medical and dental staff and doctors and dentists in public health and the community health service and have been so determined by the Secretary of State for the purpose of those contracts requiring the Secretary of State's determination. The fees and allowances set out in Appendix IV do not form part of these Terms and Conditions of Service, and are included solely for the convenience of users.115 v. Where reference is made in these Terms and Conditions of Service to the Secretary of State, this shall be taken to mean the Secretary of State for Health. vi. Where reference is made to health authorities in these Terms and Conditions of Service this should be taken as including the Special Health Authorities for the London Postgraduate Teaching Hospitals. vii. The term ‘clinical’ should be taken to include hospital medical and dental work and work in public health and the community health service.117 viii. This handbook should be read in conjunction with the General Whitley Council Conditions of Service; those sections of the General Council Conditions of Service which apply to medical and dental staff are listed in Appendices II and III to this handbook. ix. The following abbreviations have been used SHMO/SHDO: Senior hospital medical/dental officer AS: Associate specialist SG: Staff grade SCMO: Senior clinical medical officer CMO: Clinical medical officer SpR: Specialist registrar StR: Specialty Registrar StR (CT): Specialty Registrar (Core Trainee)118 StR(FT): Specialty Registrar (Fixed Term) SHO: Senior house officer FHO2: Foundation House Officer (Post-Registration) FHO1: Foundation House Officer (Pre-Registration) LAT: Locum Appointment for Training LAS: Locum Appointment for Service (NHS appointments) HO: House officer PRHO: Pre Registration House Officer44 Page 4 of 111 x. All provisions apply to both medical and dental staff, except where the text specifically indicates the contrary. xi. The term "regular appointment" excludes locum appointments. xii The term “training grades” is used as an inclusive term for doctors in the grades of SpR, StR, StR (CT), StR(FT), SHO, PRHO, HO, FHO1 and FHO2 including locums for training (LAT).119 xiii For the purposes of paragraph 132 and 135 e the term 'career grade' is a reference to any NHS medical or dental practitioner appointment on national terms and conditions of service other than those in training grades.120 RATES OF PAY 1.a. Practitioners shall be paid at the rates set out in Appendix I. b. Consultants who have reached the maximum of the salary scale shall be paid Discretionary Points where the employing authority has agreed at the rates given in Appendix I. c. Distinction awards shall be payable where these have been recommended for an individual consultant by the Advisory Committee on Distinction Awards, at the rates given in Appendix 1. The detailed provisions governing the criteria for granting awards, the process for deciding them, and the review of awards, together with other information about the distinction awards scheme and how it operates, are set out in the Guide to the NHS Consultants’ Distinction Awards Scheme published annually by the Advisory Committee on Distinction Awards. d. Associate specialists who have reached the maximum of the salary scale shall be paid Discretionary Points where the employing