National Health Service Act 1977

[F1 29B 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—

[F2 (a) the determination by a [F3 Primary Care Trust or] Health Authority of whether there is, or will be, a vacancy for a medical practitioner in a locality;

(b) any consultation which a [F3 Primary Care Trust or] Health Authority must undertake before doing so;]

(c) the determination by [F4 a [F3 Primary Care Trust or] Health Authority] of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;

(d) the determination by a [F3 Primary Care Trust or] 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 [F3 Primary Care Trust or] Health Authority of a medical practitioner for appointment to fill a vacancy as a sole practitioner;

(f) the approval by a [F3 Primary Care Trust or] Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.

[F5 (2A) The regulations may also make provision in relation to—

(a) grounds on which a [F3 Primary Care Trust or] 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 [F3 Primary Care Trust or] Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);

(c) the supply to a [F3 Primary Care Trust or] 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 [F3 Primary Care Trust or] Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the [F3 Primary Care Trust or] 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,

[F6 (aa) grounds on which a [F7 Primary Care Trust or] 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 [F8 FHSAA] on points of law), F9 . . .

[F10 (c) vacancies relating to the area of one Primary Care Trust which also relate to the area of another Primary Care Trust, or of a Health Authority, or of a Health Board, or

(d) vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or of a Primary Care Trust,]

and may contain such transitional provisions as the Secretary of State considers appropriate.

[F11 (3A) If regulations made by virtue of subsection (2A)(a) provide that a [F12 Primary Care Trust or] 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 [F13 decision of the Primary Care Trust or of the Health Authority] .]

(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 M1 National 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;

• [F14 “locality”, in relation to a Primary Care Trust or to a Health Authority, means the area of the Trust or of the Authority, or a particular part of their area;

• “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

F1 S. 29B inserted (10.12.1998) by 1997 c. 46, s. 32(1); S.I. 1998/2840, art. 2(3), Sch.

F2 S. 29B(2)(a)(b) substituted (8.3.2002 for certain purposes and 1.4.2002 otherwise) by 2001 c. 15, ss. 15(2)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(2)

F3 Words in s. 29B(2)(2A) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 5(2); S.I. 2002/2478, art. 3(1)(d)

F4 Words in s. 29B(2)(c) substituted (8.3.2002 for certain purposes and 1.4.2002 otherwise) by 2001 c. 15, ss. 15(2)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(2)

F5 S. 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

F6 S. 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

F7 Words in s. 29B(3)(aa) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 5(3)(a); S.I. 2002/2478, art. 3(1)(d)

F8 Word in s. 29B(3)(b) substituted (8.3.2002 for certain purposes, 1.4.2002 for all other purposes for E. and otherwise prosp.) by 2001 c. 15, ss. 15(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(2)

F9 Word in s. 29B(3)(b) repealed (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 5(3)(b); S.I. 2002/2478, art. 3(1)(d)

F10 S. 29B(3)(c)(d) substituted (1.10.2002) for s. 29B(3)(c) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 5(3)(c); S.I. 2002/2478, art. 3(1)(d)

F11 S. 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

F12 Words in s. 29B(3A) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 5(4)(a); S.I. 2002/2478, art. 3(1)(d)

F13 Words in s. 29B(3A) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 5(4)(b); S.I. 2002/2478, art. 3(1)(d)

F14 Definition in s. 29B(5) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 5(5); S.I. 2002/2478, art. 3(1)(d)

Marginal Citations

M1 1978 c. 29.