National Health Service (Scotland) Act 1978

23 Distribution of general medical services. S

(1) The Medical Practices Committee may refuse any application under section 20 on the ground that the number of medical practitioners undertaking to provide general medical services in the area of the Health Board concerned or in part of that area is already adequate.

[F1 (1A) The Secretary of State may by order specify the maximum number of medical practitioners with whom, in any year, all Health Boards taken as a whole may enter into arrangements under section 19 for the provision of general medical services.

(1B) An order under subsection (1A) may contain such incidental and consequential provisions (including provisions amending this Part of this Act) as appear to the Secretary of State to be appropriate including, in particular, provisions as to the basis on which the Medical Practices Committee are to refuse applications under section 20 in order to secure that any maximum number specified in the order is not exceeded.]

(2) [F2 Subject to subsection (2A)] if in the opinion of the Medical Practices Committee additional practitioners are required for any area or part, but the number of applications exceeds the number required, the Committee shall select the persons whose applications are to be granted and shall refuse the other applications.

[F3 (2A) If, in the opinion of the Medical Practices Committee, a medical practitioner is required for a particular part of the area of a Health Board, then, in such circumstances as may be prescribed,—

(a) the Board shall, in accordance with regulations, select the medical practitioner whose application they wish to be considered by the Committee; and

(b) the Committee shall not consider any application from a medical practitioner who is not so selected; and

(c) any medical practitioner who has made an application but is not so selected may appeal to the Secretary of State on a point of law;

and if the Secretary of State allows an appeal under paragraph (c) he shall remit the application to the Board for reconsideration.]

(3) Before selecting any persons under subsection (2) the Medical Practices Committee shall consult the Health Board concerned, and that Board shall consult the area medical committee (if any) for their area before expressing their views on the persons to be selected.

(4) Except as provided in subsections (1) to (3), or as required by section 21, the Medical Practices Committee shall not refuse any application under section 20, but

[F4 (a) in granting an application shall specify, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which the applicant will be entitled to be remunerated; and

(b)] the Committee may grant an application subject to conditions excluding the provision of general medical services by the applicant in such part of parts of the area of the Health Board as the Committee may specify.[F5 and an order under subsection (1A) may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out renumerated work is limited by virtue of conditions imposed under paragraph (a)]

(5) A medical practitioner who has made an application under section 20 which has been refused [F6 by the Medical Practices Committee] or has been granted [F6 by that Committee] subject to [F7 conditions under paragraph (a) or (b) of subsection (4)] may appeal to the Secretary of State [F8 on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical Practices Committee for reconsideration].

[F8 This subsection does not apply where an application has been refused under paragraph (a) of section 21(1) [F9 or under section 8 of the Health and Medicines Act 1988 (persons over retiring age) and regulations under that section].]

(6) Where the Medical Practices Committee select persons from a number of applicants, the persons selected shall not be included in the list in question during the period for bringing an appeal to the Secretary of State or pending the determination of any such appeal.

F10 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) [F11 In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) applies, the Health Board shall]—

(a) have regard to any desire expressed by any applicant to practise with other medical practitioners already providing general medical services in the area or part of an area concerned and to any desire expressed by such other practitioners to take any applicant into practice with them;

(b) have special regard to such matters in cases where an applicant is related to any other such practitioner.

Subordinate Legislation Made

P1 S. 23: s. 19 (with ss. 23, 24, 27, 28, 105(7) and 108(1)) power exercised (8.3.1991) by S.I.1991/572

Textual Amendments

F1 S. 23(1A)(1B) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 39(1); S.I. 1991/607, art.2(b)

F2 Words in s. 23(2) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 39(2); S.I. 1991/607, art.2(b)(subject to a saving in art. 3)

F3 S. 23(2A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 39(2); S.I. 1991/607, art.2(b)(subject to a saving in art. 3)

F4 S. 23(4)(a) and “(b)" following it inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 39(3); S.I. 1991/607, art.2(b)

F5 Words in s. 23(4) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 39(3); S.I. 1991/607, art.2(b)

F6 Words inserted by S.I. 1981/432, art. 4(2)

F7 Words in s. 23(5) “conditions under paragraph (a) or (b) of subsection (4)" substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s.39(4); S.I. 1991/607, art.2(b)(subject to a saving in art. 3)

F8 Words in s. 23(5) commencing “on a point of law" substituted (1.4.1991 subject as mentioned below) for the words following “Secretary of State" by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s.39(4), (the substitution being expressed to be in force by S.I. 1991/607, art.2(b) except insofar as s. 39(4) has effect to repeal the second paragraph of s. 23(5) and is subject to a saving in art. 3 of that S.I.)

F9 Words added by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 2 para. 10

F10 S. 23(7) omitted (1.4.1991) by virtue of National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s.39(5) (and expressed to be repealed (prosp.) by ss. 66(2), 67(2), Sch. 10 of that Act); S.I. 1991/607, art.2(b)(subject to a saving in art. 3)

F11 Words in s. 23(8) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s.39(6); S.I. 1991/607, art.2(b)(subject to a saving in art. 3)

Modifications etc. (not altering text)

C1 S. 23(2A)(c) modified (31.3.1995) by S.I. 1995/416, reg. 17(1)(a)(2)-(10)

C2 S. 23(5) modified (31.3.1995) by S.I. 1995/416, reg. 17(1)(b)(2)-(10)