87A Recognition of fund-holding practices of doctors.S
(1)Any one or more medical practitioners who are providing general medical services in accordance with arrangements under section 19 [F1, or (in the case of practitioners who are not employed by another person) personal medical services in accordance with section 17C arrangements,] may apply to the relevant Health Board for recognition as a fund-holding practice [F2except, if at least one of those practitioners is also providing general medical services in accordance with arrangements under section 29 of the National Health Service Act 1977, where more patients on the list of members of the practice reside in England than in Scotland].
(2)The relevant Health Board shall not grant recognition as a fund-holding practice unless the medical practitioner or, as the case may be, each of the medical practitioners concerned fulfils such conditions as may be prescribed.
(3)Where two or more medical practitioners who wish to make an application under subsection (1) are not partners in a single partnership, section 19(8)(a) (construction of “relevant Health Board") shall apply as if the medical practitioners were practising in a single partnership.
(4)Regulations may make provision with respect to—
(a)the making of applications under subsection (1);
(b)the granting and refusal of recognition as a fund-holding practice;
(c)the conditions to be fulfilled for obtaining and continuing to be entitled to such recognition;
(d)appeals against any refusal of such recognition by a Health Board;
(e)withdrawing from, or becoming a member of, an existing recognised fund-holding practice;
(f)the continuity or otherwise of a recognised fund-holding practice in the event of the death or withdrawal of a member or the addition of a new member; and
[F3(g)the operation of this section in a case where one or more of the medical practitioners wishing to make an application under subsection (1) is also—
(i)on the medical list of a Health Authority established under section 8 of the M1National Health Service Act 1977; or
(ii)providing personal medical services in accordance with arrangements made under section 28C of that Act;]
and regulations making the provision referred to in paragraph (g) may make such modifications of the preceding provisions of this section as the Secretary of State considers appropriate.
Textual Amendments
F1Words in s. 87A(1) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I paras. 32, 53(2); S.I. 1998/631, art. 2(b), Sch. 2
F2Words in s. 87A(1) added (1.4.1997) by S.I. 1997/1014, reg. 2(5)
F3S. 87A(4)(g) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I paras. 32, 53(3); S.I. 1998/631, art. 2(b), Sch. 2
Modifications etc. (not altering text)
C1S. 87A applied (with modifications) (1.4.1998) by 1997 c. 46, s. 19; S.I. 1998/631, art. 2(a), Sch. 1
Marginal Citations