General Medical Services Regulations (Northern Ireland) 1997

Availability to patients outside normal hours

37.—(1) Subject to the provisions of this paragraph, a doctor may apply to the Board for approval to treat patients at premises other than his practice premises outside the hours for which he is normally available pursuant to paragraph 36 (in this paragraph referred to as “normal hours”).

(2) An application under sub-paragraph (1) shall be made in writing and shall state the address of the premises in respect of which the application is made.

(3) An application under sub-paragraph (1) shall not be approved by the Board unless it is satisfied that, having regard to—

(i) the fact that the premises are for the treatment of patients outside normal hours; and

(ii) all other relevant circumstances,

the premises to which the application relates are likely to be reasonably convenient to the doctor’s patients.

(4) Sub-paragraphs (10) to (15) of paragraph 36 shall apply to an application under sub-paragraph (1) as they apply to an application under paragraph 36(1).

(5) Where the Board determines an application under sub-paragraph (1) by granting approval (with or without conditions), the doctor shall inform his patients by displaying a notice at his practice premises, stating the address of the premises for which approval has been granted.

(6) A doctor may apply to the Board for a variation of any approval granted under this paragraph, and such application shall be made and determined as if it were the first application for the purposes of this paragraph.

(7) Where it appears to the Board that premises which it has approved under this paragraph may no longer be reasonably convenient to the doctor’s patients, it may give notice to the doctor that it proposes to review the terms of the approval.

(8) On any review under sub-paragraph (7), the Board shall allow the doctor a period of 30 days, beginning with and including the date on which he receives the notice, within which to make representations to the Board about its proposals.

(9) After considering any representations made in accordance with sub-paragraph (8), the Board may determine to—

(a) continue its approval;

(b) continue its approval subject to such new or varied conditions as it sees fit to impose; or

(c) withdraw its approval.

(10) The Board shall notify the doctor in writing of its determination under sub-paragraph (9); and where it determines to withdraw its approval or to continue it subject to new or varied conditions, it shall include with the notice a statement in writing of the reasons for its determination and of the doctor’s right of appeal under sub-paragraph (11).

(11) A doctor may, within the period of 30 days beginning with and including the date on which he receives the notice referred to in sub-paragraph (10), appeal in writing to the Department against the withdrawal of approval or against any condition imposed pursuant to sub-paragraph (9); and sub-paragraphs (14) and (15) of paragraph 36 shall apply to any such appeal as they apply to an appeal under that paragraph.