The National Health Service (General Medical Services) (Amendment) (Wales) Regulations 2002

“Consideration of vacancies by Health Authorities

10.—(1) For regulation 15 (variation and revocation of decisions of the Medical Practices Committee) substitute—

“Variation and revocation of decisions of Health Authorities

15.— (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.”.