[F129B Vacancies for medical practitioners.E+W+S
(1)Regulations may make provision in relation to the filling of vacancies for medical practitioners to provide general medical services.
(2)The regulations may, in particular, include provision for—
(a)references by a Health Authority to the Medical Practices Committee as to whether there is, or will be, a vacancy for a medical practitioner in a locality;
(b)the determination of such references by the Medical Practices Committee;
(c)the determination by the Medical Practices Committee of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;
(d)the determination by a Health Authority of whether a vacancy is to be filled by a member of a partnership or by a sole practitioner;
(e)the nomination by a Health Authority of a medical practitioner for appointment to fill a vacancy as a sole practitioner;
(f)the approval by a Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.
[F2(2A)The regulations may also make provision in relation to—
(a)grounds on which a Health Authority may, or must, refuse to nominate or approve a medical practitioner for appointment to fill a vacancy (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H(2) below);
(b)information which must be supplied to a Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);
(c)the supply to a Health Authority by such a medical practitioner of a certificate of a kind referred to in section 29A(4A)(b) above; and
(d)the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the Health Authority to nominate or approve them.]
(3)The regulations may also make provision in relation to—
(a)criteria to be applied in making decisions under the regulations,
[F3(aa)grounds on which a Health Authority may defer a decision whether or not to nominate or approve a medical practitioner for appointment to fill a vacancy;]
(b)the variation or revocation of such decisions (including appeals to the Secretary of State on points of law), or
(c)vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or a Health Board,
and may contain such transitional provisions as the Secretary of State considers appropriate.
[F4(3A)If regulations made by virtue of subsection (2A)(a) provide that a Health Authority may refuse to nominate or approve a medical practitioner for appointment to fill a vacancy, they must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.]
(4)Regulations which make provision about vacancies which relate partly to the area of a Health Board may, in particular, provide that section 29A(2)(b) is to have effect in prescribed circumstances as if the reference to regulations under this section were a reference to regulations under section 19B of the M1National Health Service (Scotland) Act 1978.
(5)In this section—
“conditions of practice” means conditions—
(a)specifying, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which a person is entitled to be remunerated; and
(b)specifying the locality in which a person is entitled to provide general medical services;
“Health Board” has the same meaning as in the National Health Service (Scotland) Act 1978;
“locality”, in relation to a Health Authority, means the Authority’s area or a particular part of their area; and
“sole practitioner” means a medical practitioner providing general medical services otherwise than in partnership with one or more other medical practitioners.
(6)This section does not affect the power to make regulations under section 29.]
Textual Amendments
F1S. 29B inserted (10.12.1998) by 1997 c. 46, s. 32(1); S.I. 1998/2840, art. 2(3), Sch.
F2S. 29B(2A) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(3)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II
F3S. 29B(3)(aa) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II
F4S. 29B(3A) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(3)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II
Marginal Citations