Rheoliadau'r Gwasanaeth Iechyd Gwladol (Gwasanaethau Meddygol Cyffredinol) (Diwygio) (Cymru) 2002

c

may impose the condition that any doctor who is to fill a particular vacancy may provide general medical services only in such part of the area as the Health Authority may specify.

5

In a case to which regulation 12(3)(b) applies, before deciding which of the conditions set out in paragraph (2) it is appropriate to specify, the Health Authority declaring the vacancy shall consult any Health Authority in whose area prospective patients reside.

6

When a Health Authority declares a vacancy to which regulation 18A or 18B applies, the vacancy will automatically lapse by effluxion of time after a period of 12 months beginning with the date of the declaration of the vacancy.

7

When a Health Authority declares a vacancy for a sole practitioner, it shall advertise the vacancy within three months of the declaration of the vacancy or such further period as may be agreed by the National Assembly for Wales.

8

The Health Authority shall notify its decision in writing, giving reasons, to—

a

the Local Medical Committee;

b

any doctor who made a request under regulation 12(2)(a);

c

any Health Authority or Health Board in whose area prospective patients reside.

9

In this Part of these Regulations, where the prospective patients of a doctor reside in the area of more than one Health Authority, any reference to “area” shall be construed as a reference to those areas in which prospective patients reside.

Variation and revocation of decisions of Health Authorities15

1

Subject to paragraph (2), the Health Authority which declared a vacancy may—

a

except in cases where an additional doctor has already been nominated or approved pursuant to regulation 18A, 18B or 18C, revoke a decision made pursuant to regulation 13(1) to declare a vacancy for an additional doctor in an area;

b

in the case of a condition imposed pursuant to regulation 13(1)(b) (or such a condition as varied pursuant to this regulation), vary the condition by imposing in relation to any doctor who fills or would fill that particular vacancy another condition set out in regulation 13(2);

c

in the case of a condition imposed pursuant to regulation 13(1)(c) (or such condition as varied pursuant to this regulation), revoke the condition or vary it by specifying such other part of the area in which the doctor is to be excluded from providing general medical services as the Health Authority considers appropriate; or

d

refuse to vary or revoke the decision in question.

2

The Health Authority may not vary or revoke any decision referred to in paragraph (1)(b) or (c) without the written consent of any doctor to whom the existing condition applies.

3

Before making a decision to vary or revoke a decision under this regulation, the Health Authority shall consult—

a

the Local Medical Committee for its area;

b

any Health Authority in whose area prospective patients reside.

4

In cases where the Health Authority has, at the request or with the consent of a particular doctor considered whether to vary a condition imposed pursuant to regulation 13(1)(b) or vary or revoke a condition imposed pursuant to regulation 13(1)(c) then the Health Authority shall give to that doctor a written statement of the reasons for its decision.

1

This regulation applies where a Health Authority decides that there is a vacancy for an additional doctor in an area.

5

In making their decision the Health Authority must—

a

in a case to which regulation 12(3)(b) applies, consult any Health Authority in whose area the prospective patients reside; and

b

take account, in particular, of the needs of the patients in the area.

2A

Before setting the criteria referred to in paragraph (2)(a), the Health Authority must consult any other Health Authority in whose area prospective patients reside.

8

No vacancy may be re-advertised until the expiry of the period for appeal, or, if an appeal is lodged under regulation 18G, until that appeal is dismissed.

a

the Health Authority has declared a vacancy, pursuant to regulation 13(1)(a), for an additional doctor in an area; and

2A

The other Authorities are those whose areas include any part of the area in respect of which the vacancy was declared or, where the Health Authority has imposed a condition pursuant to regulation 13(1)(c), those whose areas include any part of the specified area.

Cross-border vacancies18J

1

This regulation applies where—

a

a Health Authority is considering under regulation 12(1) or (2) whether there is, or will be, a vacancy; and

b

a doctor’s prospective patients are situated in the area of one or more Health Authorities in Wales and of one or more Health Authorities in England.

2

A Health Authority may elect to consider separately whether there is a vacancy in respect of prospective patients residing in their area.

3

Where two or more have agreed to deal jointly with prospective patients residing in their areas, the Health Authority in whose area reside the largest number of the prospective patients of the additional doctor shall decide whether there is a vacancy and deal with it in accordance with the provisions contained in this Part of these Regulations.

4

Any Health Authority in whose area will reside any patient who is expected to be on the doctor’s list of patients (other than the Health Authority which is responsible for making the decision as to whether there is a vacancy) shall provide whatever information the Health Authority making the decision requires.

5

Before—

a

declaring a vacancy under regulation 13(1)(a);

b

imposing conditions on a doctor under regulation 13(1)(b);

c

making a decision as to whether an additional doctor should be a member of a partnership or a sole practitioner pursuant to regulation 17(4);

d

setting or agreeing criteria pursuant to regulation 18D(5);

e

nominating or approving an additional or replacement doctor pursuant to regulation18A, 18B or 18C,

the Health Authority must consult the Local Medical Committee and any other Health Authority in whose area reside individuals who are, or are expected to be, on the doctor’s list of patients.

2

In a case referred to in paragraph (1), without prejudice to any steps that may already have been taken, a Health Authority shall not—

a

consider under regulation 12(1) or (2) whether to declare a vacancy; or

b

declare a vacancy pursuant to regulation 13(1)(a); or

c

decide whether an additional doctor should be a member of a partnership or a sole practitioner pursuant to regulation 17(4), or

d

nominate or approve an additional doctor pursuant to regulation 18A, 18B or 18C; or

e

give notice or further notice of the vacancy in accordance with regulation 18D,

until such time as one of the events set out in paragraph (3) has occurred.

Transitional provisions18L

1

Any decision of the Medical Practices Committee taken before 1st April 2002 under the provisions of these Regulations as they are in force, shall on or after that date have effect as though the decision had been made by the Health Authority which made the reference to the Medical Practices Committee as a result of which that decision was made .

2

Any condition of practice imposed before 1st April 2002 by the Medical Practices Committee under regulation 13(1)(b) or (1)(c) (or such a condition as varied by the Medical Practices Committee pursuant to regulation 15(1) as then in force shall on or after that date have effect as though the condition had been imposed by the Health Authority which made the reference to the Medical Practices Committee as a result of which the condition was imposed .

3

Subject to paragraph (4), where before 1st April 2002—

a

a reference had been made to the Medical Practices Committee under regulation 11(1) as then in force, but the Medical Practices Committee had not made a decision by that date; or

b

an application had been made to the Medical Practices Committee under regulation 15 as then in force, but the Medical Practices Committee had not determined the application by that date,

the decision, or as the case may be, the determination shall be made by the Health Authority which made that reference or application.

4

Where the reference to the Medical Practices Committee was made at the request of a doctor providing general medical services in that area, that doctor may, on or after the 1st April 2002, choose to withdraw the request and make a new request for consideration of the vacancy instead.