The National Health Service (General Medical Services) Amendment Regulations 1998

Preferential right to be included in medical list

8.—(1) In regulation 4 of the 1992 Regulations (medical list), in paragraph (1)(a), after “Act” insert “or Schedule 1 of the 1997 Act”.

(2) In regulation 5 of the 1992 Regulations (application for inclusion in the medical list or to succeed to a vacancy), in paragraph (1), after “paragraph (2)” insert “or regulation 5A”.

(3) After regulation 5, insert the following regulation—

“Preferential right to be included in medical list

5A.— (1) An application by a doctor (“the applicant”) for inclusion of his name in a medical list by virtue of Schedule 1 to the 1997 Act shall be made by sending to the Health Authority an application in writing, which—

(a) shall make clear that the application is made by virtue of that Schedule; and

(b) shall include the information and undertakings specified in paragraphs 1 to 10 and 17 to 20 of Part I of Schedule 3, and in such other paragraphs of that Part of that Schedule as are relevant in the applicant’s case.

(2) Upon granting such an application, the Health Authority—

(a) must (subject to paragraph (3)) specify that the applicant’s entry in the medical list is subject to one of the conditions which could have been specified by the Medical Practices Committee under regulation 15(1) if the application had been one to which that provision relates; and

(b) may also specify any condition which could have been specified under section 33(4)(b) of the Act if the application had been one to which that provision relates.

(3) Where the applicant was subject to one of the conditions set out in sub-paragraphs (a) to (c) of regulation 15(1) when his name was last included in a medical list (or, where the applicant’s name was included in the corresponding list kept by a Health Board in Scotland, he was subject to one of the corresponding conditions set out in regulations prepared in accordance with section 19(2)(a) of the National Health Service (Scotland) Act 1978(1), the Health Authority may not under paragraph (2) specify (among those three conditions)—

(a) one which is more restrictive than the one which applied to him when his name was last so included; or

(b) one which is less restrictive, unless in the Health Authority’s opinion there are exceptional reasons for doing so, and the Health Authority has consulted the Local Medical Committee.

(4) The Health Authority shall notify the Medical Practices Committee of any successful application under paragraph (1) and of any conditions imposed under paragraph (2).”.

(1)

1978 c. 29.