National Health Service Act 1977

Prospective

[F1 29A Medical lists. E+W+S

(1) A Health Authority may not, under section 29, arrange with a medical practitioner for him to provide general medical services for persons in the Authority’s area unless his name is included in the Authority’s medical list.

(2) A medical practitioner is entitled to be included in a Health Authority’s medical list only if—

(a) he is eligible for inclusion in the list; and

(b) he is nominated or approved, in accordance with regulations under section 29B, for appointment to fill a vacancy which relates (whether wholly or in part) to the area of the Authority.

(3) [F2 Subject to any provision made under section 43C] a medical practitioner is eligible for inclusion in a medical list if—

(a) he has not attained the age specified in regulations under section 8 of the M1 Health and Medicines Act 1988 (retirement age for practitioners); and

(b) he is not disqualified, or treated as [F3 disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal]or any corresponding tribunal in Scotland or Northern Ireland.

(4) Regulations may make provision in relation to delaying a person’s inclusion in a medical list in prescribed circumstances.

[F4 (4A) Regulations may make provision in relation to the supply to a Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him), of—

(a) information of a prescribed description; and

(b) a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

(5) This section is subject to section 29(6) (temporary provision of general medical services) and any provision of, or made under, an enactment relating to the right of a medical practitioner to transfer to a medical list.

(6) In this Act “medical list”, in relation to a Health Authority, means the list of medical practitioners undertaking to provide general medical services for persons in their area, kept by the Authority under regulations made under section 29(2)(a).]

Textual Amendments

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

F2 Words in s. 29A inserted (1.4.2000) by 1999 c. 8, ss. 9(2), 67; S.I. 1999/2793, art. 2 (3)(b); S.I. 2000/1041, art. 2(a)

F3 Words in s. 29A(3)(b) substituted (prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 17 (which substitution repealed (prosp.) by 2001 c. 15, ss. 67(2), 70(2), sch. 6 Pt. I) (with ss. 64(9), 65(4))

F4 S. 29A(4A) inserted (22.11.2001 for certain purposes (E.) 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) (E.) and otherwise prosp.) by 2001 c. 15, ss. 20(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

Modifications etc. (not altering text)

C1 S. 29A(2)(b) excluded (1.4.1998: subject to transitional provisions) by 1997 c. 46, s. 13(9), Sch. 1 para. 2(2); S.I. 1998/631, art. 2(1)(a), Sch. 1

Marginal Citations

M1 1988 c. 49.