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39.—(1) Subject to sub-paragraph (3), a doctor may at any time with the consent of the Board alter the extent of his practice area.
(2) Where the Board refuses consent to the alteration of a practice area it shall notify the doctor in writing of such refusal and the doctor may, within the period of 30 days beginning with and including the day on which he receives such notification, appeal to the Department.
(3) The Department may, when determining an appeal, either confirm the decision of the Board or substitute its own decision for that of the Board.
(4) The Department shall notify the doctor in writing of its determination and shall in every case include with the notification a statement of the reasons for the determination.
(5) A doctor shall not open practice premises in any area or part of an area where, at the time of his application to open such premises, the Board is of the opinion that the number of medical practitioners undertaking to provide general medical services in that area or part of that area is already adequate.
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