Question to the Department of Health and Social Care:

To ask Her Majesty’s Government under which legislative provision the Secretary of State has the power to impose junior doctors’ contracts on (1) GP practices that are not public bodies and deliver services to patients under a General Medical Services contract; (2) GP practices that are not public bodies and deliver services to patients under an Alternative Personal Medical Services contract; (3) local authorities that employ junior doctors to deliver public health services; and (4) NHS Trusts otherwise than by way of directions.

In deciding that a new contract – which would be safer for patients and fair and reasonable for junior doctors – should be introduced without further negotiation with the British Medical Association, the Secretary of State was exercising his powers under the NHS Act 2006 (in particular sections 1, 1A, 1B, 1F, 1G and 2). To introduce the contract he is working with the National Health Service and other employers who, as they are employers of junior doctors, are using their employment powers. The Secretary of State has not announced, and does not state, that he has a power to direct all NHS bodies or non-NHS bodies providing healthcare services.