General Medical Services Regulations (Northern Ireland) 1997

Minor surgery list

35.—(1) Each Board shall maintain a list (in these regulations referred to as “the minor surgery list”) of the names of those doctors in its area who have satisfied it or, on appeal, the Department, in accordance with the following provisions of this regulation, that they have such medical experience, training and facilities as are necessary to enable them properly to provide all of the procedures listed in Schedule 7.

(2) A doctor may apply, in accordance with paragraph (3), to the Board for the area in which his main practice premises are situated for the inclusion of his name in the minor surgery list.

(3) An application for the purpose of paragraph (2) shall be made in writing and shall include the information specified in Part VIII of Schedule 3.

(4) Unless the doctor otherwise agrees, the Board shall determine an application made in accordance with paragraph (3) within 2 months of receiving it.

(5) The Board may hold an oral hearing of any application and shall not refuse an application without giving the doctor an opportunity of an oral hearing.

(6) Where the Board decides to hold an oral hearing, it shall, not less than 14 days before the date fixed for the hearing, give notice in writing to the doctor.

(7) When determining an application, the Board shall have regard—

(a) for the purpose of assessing the doctor’s medical experience, to—

(i) any postgraduate qualification held by him relevant to the provision of minor surgery services;

(ii) the criteria listed in paragraph 1 of Part IX of Schedule 3;

(b) for the purpose of assessing the doctor’s facilities, to the checklist in paragraph 3 of Part IX of Schedule 3 regarding the premises and the equipment to be used by the doctor in the provision of minor surgery services,

and shall seek and take into account any medical advice it considers necessary to enable it to determine the application.

(8) The Board shall determine an application by either—

(a) granting the application; or

(b) refusing the application.

(9) The Board shall inform the doctor in writing of its determination and shall—

(a) where it grants the application in accordance with paragraph (8)(a), include the doctor’s name in the minor surgery list; or

(b) where it refuses the application in accordance with paragraph (8)(b), give notice in writing to him of the reasons for the determination and of his right of appeal under paragraph (10).

(10) If an application is refused in accordance with paragraph (8)(b), the doctor may appeal in writing to the Department within 30 days of receiving notice in writing of the Board’s determination.

(11) On any appeal pursuant to paragraph (10) or (15), the Department—

(a) may hold an oral hearing of the appeal and shall, not less than 14 days before the date fixed for the hearing, give notice in writing to the appellant and the Board;

(b) in determining the appeal, shall either confirm or reverse the determination of the Board and shall communicate its decision in writing, together with the reasons for it, to the appellant and the Board; and

(c) where it reverses the determination of the Board, shall direct that the Board include the doctor’s name in the minor surgery list.

(12) Subject to paragraphs (13) to (17), a doctor’s name may be removed from the minor surgery list if—

(a) it has been removed from the medical list pursuant to regulation 6;

(b) the Board has determined that the doctor has not provided minor surgery services at any time during the past 5 years; or

(c) the Board has determined that the doctor has not complied with the criteria listed in paragraph 2 of Part IX of Schedule 3 for continued inclusion of his name in the minor surgery list.

(13) Before making any determination under sub-paragraph (b) or (c) of paragraph (12), the Board shall—

(a) give the doctor 30 days' written notice of its intention to do so; and

(b) afford the doctor an opportunity of making representations in writing or, if he so desires, orally to the Board.

(14) Where the Board makes a determination under sub-paragraph (b) or (c) of paragraph (12), it shall send to the doctor a notice which shall include a statement—

(a) to the effect that, subject to any appeal under paragraph (15), the doctor’s name will, after 30 days from the date of the notice, be removed from the minor surgery list;

(b) of the Board’s reasons for its determination; and

(c) of the doctor’s right of appeal under paragraph (15).

(15) A doctor who has received a notice sent in accordance with paragraph (14) may, within 21 days of receiving it, appeal to the Department against the determination and, pending the determination of the appeal, the Board shall not remove his name from the minor surgery list.

(16) An appeal to the Department under paragraph (15) shall be made in writing and shall include a statement of the grounds of appeal and on any such appeal the Department shall, if it allows the appeal, direct that the Board shall not remove the doctor’s name from the minor surgery list.

(17) The Board shall comply with any direction given to it under this regulation.

(18) Where the Department holds an oral hearing of an appeal pursuant to paragraph (11)(a), the appellant and the Board may be represented by counsel, solicitor or any other person.