Health and Social Services and Social Security Adjudications Act 1983

Section 14.

SCHEDULE 6 Medical Practitioners etc.

Medical practitioners whose registration is suspended

1 The following subsection shall be inserted after subsection (2) of section 28 (appointments not to be held except by fully registered persons) of the [1956 c. 76.] Medical Act 1956—

“(2A) Suspension of the registration of a fully registered person by any of the following, namely—

(i) a direction of the Health Committee of the General Medical Council under section 8(1) or (2) of the [1978 c. 12.] Medical Act 1978 (unfitness to practise by reason of physical or mental condition);

(ii) an order of that Committee under section 9(1) of that Act (order for immediate suspension) ; or

(iii) an interim order of the Prelirninary Proceedings Committee of the Council under section 13(3)(b) of the Medical Act 1978,

shall not terminate any appointment such as is mentioned in subsection (1) above, but the person suspended shall not perform the duties of such an appointment during the suspension.”.

Arrangements for provision of general medical services in England and Wales

2 (1) The following paragraphs shall be added at the end of subsection (2) of section 29 (arrangements and regulations for general medical services) of the [1977 c. 49.] National Health Service Act 1977—

“(f) for the making of arrangements for the temporary provision of general medical services ;

(g) for the circumstances in which a name added to the list by virtue of subsection (6) below may be removed from it.”.

(2) The following subsections shall be inserted after subsection (5) of that section—

“(6) The persons with whom arrangements for the temporary provision of general medical services in a district may be made by virtue of regulations under subsection (2) above include medical practitioners who are not on the list of medical practitioners providing such services in the district, and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the list.

(7) Regulations may provide that this Act and any regulations made under it shall apply in relation—

(a) to the making of arrangements for the temporary provision of general medical services ; and

(b) to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

(8) Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a) by a direction of the Health Committee of the General Medical Council under section 8(1) or (2) of the [1978 c. 12.] Medical Act 1978 (unfitness to practise by reason of physical or mental condition);

(b) by an order of that Committee under section 9(1) of that Act (order for immediate suspension); or

(c) by an interim order of the Preliminary Proceedings Committee of the Council under section 13(3)(b) of that Act,

the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services in person during the suspension.”.

Control of remuneration and conditions of service of health service officers

3 (1) In paragraph 10(1) of Schedule 5 to the [1977 c. 49.] National Health Service Act 1977 for the words from the beginning to " of ", in the second place where it occurs, there shall be substituted the words " Subject to and in accordance with regulations and such directions as may be given by the Secretary of State, an authority (other than a Family Practitioner Committee) may employ such officers as it may determine at such remuneration and on such conditions of service as it may determine ; and regulations and directions under ".

(2) The following sub-paragraphs shall be inserted after that sub-paragraph—

“(1A) Regulations or directions under sub-paragraph (1) above may provide for approvals or determinations to have effect from a date specified in them.

(1B) The date may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.”.

Provisions relating to Preserved Boards of Governors

4 For the purposes of section 15(3) of the [1973 c. 32.] National Health Service Reorganisation Act 1973 (which relates to a preserved Board of Governors)—

(a) section 14 of the [1946 c. 81.] National Health Service Act 1946 (conditions of service and appointment of officers) shall be treated as if—

(i) in subsection (1), for the words " subject to regulations," there were substituted the words " subject to and in accordance with regulations and such directions as may be given by the Secretary of State, "; and

(ii) the following subsections were inserted after that subsection—

“(1A) Regulations or directions under subsection (1) of this section may provide for approvals or determinations to have effect from a date specified in them.

(1B) The date may be before or after the date of making the regulations or giving the directions but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.”;

(b) section 66 (regulations as to qualifications, remuneration and conditions of service of officers) shall be treated as if, after the word " and ", in the second place where it occurs, there were inserted the words " , subject to directions under section 14(2) of this Act, ".