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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 1989 and shall come into force in accordance with paragraph (2).

(2) These Regulations shall come into force, as follows—

(a)for the purposes of regulations 1, 4(3), 5 (to the extent that it relates to regulation 4C of the principal Regulations), 6, 9, 11, 16(a) (to the extent that it relates to paragraph 15 of Schedule 1 to these Regulations) and 17(3), on 22nd November 1989;

(b)for the purposes of regulations 3 (to the extent that it relates to paragraph 13A of Part I and to Part ID of Schedule 1 to the principal Regulations), 5 (to the extent that it relates to regulation 4A (1) to (11) and (18) inserted into the principal Regulations), 16(a) (to the extent that it relates to paragraphs 12(1) and 13 of Schedule 1 to these Regulations), 16(b) (to the extent that it relates to Part 1D inserted into Schedule 1 to the principal Regulations) 16(d) and 17(4), on 1st January 1990; and

(c)for all other purposes, on 1st April 1990.

(3) In these Regulations “the principal Regulations” means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(1).

Amendments to regulation 2 (interpretation) of the principal Regulations

2.—(1) In paragraph (1) of regulation 2 (interpretation) of the principal Regulations there shall be inserted the following definitions in appropriate alphabetical order:—

“child” means a person who has not attained the age of 16 years;

“child health surveillance list” shall be construed in accordance with regulation 4A;

“child health surveillance services” means the personal medical services described in paragraph 6C(a) in Part I and in Part 1A of Schedule 1;

“domiciliary visit” means a visit to either—

(a)

the place where the patient resides, or

(b)

the place, other than a doctor’s practice premises, where the doctor is obliged, pursuant to paragraph 10 of the terms of service, to render personal medical services to the patient;

“group practice” means an association of two or more doctors both or all of whom—

(a)

have their names included in the medical list of a Board,

(b)

co-ordinate in the course of regular contact among them, the provision of personal medical services to their patients in fulfilment of their obligations under Part I of Schedule 1, and

(c)

conduct and manage their practices from at least one common set of practice premises;

“Local Directory” means the Local Directory of Family Doctors maintained by a Board in accordance with regulation 4C;

“medical records” means, in relation to any patient, the records kept in respect of that patient in accordance with paragraph 17 of the terms of service;

“minor surgery list” shall be construed in accordance with regulation 4A;

“minor surgery services” means the personal medical services described in paragraph 6D in Part I and in Part IB of Schedule 1;

“practice premises” means, in relation to any doctor, the premises at which he is obliged under the terms of service to attend at specified times in order to be consulted by, or to provide treatment or other services for his patients;

“restricted list principal” means a doctor who has undertaken to provide general medical services only to a restricted category of patients identified by reference to their connection with a particular establishment or organisation;

“restricted services principal” means a doctor who has undertaken to a Board to provide general medical services limited to—

(a)

child health surveillance services;

(b)

contraceptive services;

(c)

maternity medical services; or

(d)

minor surgery services,

or to any combination of the above;

“Schedule” means a Schedule to these Regulations;

“terms of service” in relation to doctors means the terms of service which are contained or referred to in Part 1 of Schedule 1.

(2) In paragraph (1) aforesaid the definition of “treatment” shall be amended by substituting—

(a)for the words “contraceptive services or maternity medical services”, the words “child health surveillance services, contraceptive services, maternity medical services or minor surgery services”, and

(b)for the word “woman” the word “person”.

(3) Paragraph (2) of regulation 2 of the principal Regulations shall be deleted and there shall be substituted therefor the following:—

(2) For the purposes of these Regulations including without prejudice to the generality of this paragraph, the purpose of determining under regulation 17 the number of persons whom a doctor may have on his list, and except where expressly provided to the contrary, a doctor shall be deemed to be carrying on practice otherwise than in partnership unless the Board or, on appeal, the Medical Practices Committee is satisfied that he—

(a)discharges the duties and exercises the powers of a principal in connection with the practice of the partnership; and,

(b)either—

(i)in the case of a doctor whose “approved hours” are not less than 26 hours per week, he is entitled to a share of the profits which is not less than one third of the share of the partner with the greatest share; or

(ii)in the case of a doctor whose approved hours are less than 26 hours per week but not less than 19 hours per week he is entitled to a share of the profits which is not less than one quarter of the share of the partner with the greatest share; or

(iii)in the case of a doctor whose approved hours are less than 19 hours per week but not less than 13 hours per week he is entitled to a share of the profits which is not less than one fifth of the share of the partner with the greatest share;

(3) In this paragraph, “approved hours” means, in relation to any doctor, the period approved by the Board in his case, pursuant to paragraph 13A of the terms of service, during which he is normally to be available to his patients.

(4) In any appeal under paragraph (2) the Medical Practices Committee shall admit to any hearing of such appeal such persons not exceeding two in number as may be appointed for the purpose by an organisation recognised by the Secretary of State as representative of the medical profession, and shall allow such persons to address the Committee before deciding on the appeal.

(5) These Regulations shall apply to a person (other than a chemist, doctor or dental practitioner) providing pharmaceutical services as they apply to a chemist..

(4) Paragraph (3) of regulation 2 of the principal Regulations shall be renumbered (6) and paragraph (4) shall be omitted.

Amendment to regulation 3 (terms of service for doctors)

3.  The existing provisions of regulation 3 (terms of service for doctors) of the principal Regulations shall be numbered paragraph (1) and thereafter there shall be inserted a new paragraph, as follows:—

(2) Parts 1C, 1D and 1E of Schedule 1 shall have effect for the purposes of paragraphs 9A, 13A and 19A respectively of the terms of service..

Amendments to regulation 4 (medical list)

4.—(1) In paragraph (2) of regulation 4 (medical list) of the principal Regulations there shall be inserted after sub-paragraph (a) the following sub-paragaph:—

(aa)general medical services including either child health surveillance services or minor surgery services or both child health surveillance services and minor surgery services, or.

(2) In paragraph (3) of that regulation—

(i)after sub-paragraph (a), there shall be inserted the following sub-paragraph:—

(aa)the names of which of them are included in either or both of the child health surveillance list and the minor surgery list;;

(ii)in sub-paragraph (c), after “terms of service” there shall be inserted “as in force immediately prior to 1st April 1990”; and

(iii)after sub-paragraph (d) there shall be inserted the following sub-paragraph:—

(e)whether they are restricted list principals or restricted services principals..

(3) In paragraph (4) of that regulation there shall be—

(a)inserted after sub-paragraph (d) the following sub-paragraph:—

(dd)whether he participates as a member of a group practice and if so the name of each other doctor in that group practice;;

(b)substituted for sub-paragraph (f) the following sub-paragraphs:—

(f)the geographical boundary of his practice area shown on a map of appropriate scale; and

(g)provided that the doctor consents to its inclusion, his date of birth or, if he does not so consent, the date of his first full registration (whether pursuant to the Medical Act 1983(2) or otherwise) as a medical practitioner;.

(4) There shall be inserted after paragraph (4) of that regulation the following paragraph:—

(5) Without prejudice to the provisions of regulation 4B(1) a doctor whose name is included in the medical list of a Board and who—

(a)is requested in writing by the Board by not later than 1st January 1990 to provide information about any matter referred to in paragraphs (3) and (4), shall provide that information to the Board not later than 1st February 1990; or

(b)participates as a member of a group practice, shall provide to the Board not later than 1st February 1990 the name of each other doctor in that group practice..

New regulations (child health surveillance and minor surgery lists, amendment to the medical list and Local Directory)

5.  After regulation 4 (medical list) of the principal Regulations there shall be inserted the following regulations:—

Child health surveillance list and minor surgery list

4A.(1) The Board shall, on and after 1st April 1990, maintain lists, in these Regulations referred to respectively as “the child health surveillance list”, and “the minor surgery list” and shall include in those lists the name of any doctor who has satisfied the Board or, on appeal, the Secretary of State in accordance with the following provisions of this regulation, that he has such medical experience, training and (in the case of minor surgery services) such qualifications, as are necessary to enable him properly to provide child health surveillance services or, as the case may be, minor surgery services.

(2) A doctor may apply, in accordance with paragraph (3), to a Board for inclusion of his name in the child health surveillance list or the minor surgery list required to be maintained by the Board or in both of those lists.

(3) An application under paragraph (2) shall be in writing, signed by the applicant and shall include the information specified in Part IV or, as the case may be, Part V of Schedule 1.

(4) A doctor whose name is included in the child health surveillance list or, as the case may be, the minor surgery list of any Board and who applies to have his name included in the corresponding list of another Board shall provide the information specified in paragraph (3) together with the name of the Board in whose such list his name is included and the date from which it was so included.

(5) The provisions of paragraphs (6) to (11) of this regulation shall not apply to any application by a doctor referred to in paragraph (4), and such application shall be granted by the Board and within one month after receiving the application the Board shall give written notice to the doctor to that effect.

(6) Unless the applicant otherwise agrees, the Board shall decide any application made in accordance with paragraph (3) by either granting or refusing it not later than the expiry of the period of 2 months after receiving it.

(7) The Board may, if it thinks fit, hold an oral hearing of any application and, if minded to refuse an application, shall not do so without first giving the doctor the opportunity of an oral hearing.

(8) The Board before deciding upon an application under this regulation—

(a)for inclusion in the child health surveillance list, shall have regard in particular to—

(i)any training undertaken by the doctor; and

(ii)any medical experience gained by him,

during the period of five years immediately preceding the date of the application which is relevant to the provision of child health surveillance services;

(b)for inclusion in the minor surgery list, shall have regard in particular for the purpose of assessing the doctor’s medical experience, to any—

(i)postgraduate qualification held by him;

(ii)training undertaken by him; and

(iii)medical experience gained by him,

during the period of five years immediately preceding the date of the application, which is relevant to the provision of minor surgery services,

and in the case of any application for inclusion in either list shall seek and take into account the advice of any medical practitioners, including the Area Medical Committee, as it considers necessary to enable it to decide upon the application.

(9) Within 28 days of reaching its decision, the Board shall give written notice thereof to the applicant and shall—

(a)where it refuses the application give written notice of the reasons for the decision and of the right of appeal of the applicant under paragraph (10); or

(b)where it grants the application, include the applicant’s name in the child health surveillance list or, as the case may be, the minor surgery list.

(10) Where an application is refused the applicant may appeal in writing to the Secretary of State within 90 days of receiving written notice of the Board’s decision.

(11) Where the applicant appeals under paragraph (10), the Secretary of State—

(a)may, if he thinks fit, hold an oral hearing of the appeal;

(b)in deciding upon the appeal, shall either confirm or reverse the decision of the Board;

(c)where he reverses the decision of the Board, shall direct that the Board include the doctor’s name in its child health surveillance list or, as the case may be minor surgery list.

(12) Subject to paragraphs (13) to (17) the Board may remove a doctor’s name from the child health surveillance list or, as the case may be, the minor surgery list, only in the following circumstances—

(a)if it has been removed from the medical list of any Board under regulation 5 or 5A;

(b)if the Board is satisfied that the doctor has not provided child health surveillance services or, as the case may be, minor surgery services during the immediately preceding 5 years;

(c)if the Board is satisfied that the doctor has, in relation to any patient in respect of whom he has undertaken to provide child health surveillance services or, as the case may be, minor surgery services, failed in any material respect to comply with any of the requirements of paragraph 6C in Part I and Part IA or, as the case may be, paragraph 6D in Part 1 and Part 1B of Schedule 1;

(d)if the Board is satisfied that the doctor is no longer able to provide child health surveillance services or, as the case may be, minor surgery services.

(13) Before reaching any decision in terms of sub-paragraphs (b), (c) or (d) of paragraph (12) the Board shall—

(a)give the doctor 28 days' notice in writing of its intention to do so, and

(b)afford the doctor an opportunity of making representations in writing or, if he so desires, orally to the Board.

(14) Where the Board reaches a decision in terms of any of sub-paragraphs (b), (c) or (d) of paragraph (12), it shall send to the doctor a notice which shall include a statement—

(a)to the effect that, subject to any appeal under paragraph (15), the doctor’s name will, after 28 days from the date of notice, be removed from the child health surveillance list or, as the case may be, the minor surgery list, maintained by the Board;

(b)of the Board’s reasons for its decision; and

(c)of the doctor’s right of appeal under paragraph (15).

(15) A doctor who has received a notice sent in accordance with paragraph (14) may, within 21 days of receiving it, appeal to the Secretary of State against the decision of the Board, and pending the determination of the appeal the Board shall not remove his name from the child health surveillance list or, as the case may be, the minor surgery list.

(16) An appeal to the Secretary of State shall be made in writing and shall include a statement of the facts and contentions on which the doctor intends to rely; and, if he allows the appeal, the Secretary of State shall direct that the Board does not remove the doctor’s name from the child health surveillance list or, as the case may be, the minor surgery list.

(18) The Board shall comply with any direction given under this regulation.

Amendment of the medical list

4B.(1) A doctor shall, unless it is impractical for him to do so, notify the Board within 28 days of any occurrence requiring a change in the information recorded about him in the medical list.

(2) A doctor shall, unless it is impractical for him to do so, notify the Board in writing at least 3 months in advance of any date on which he intends either—

(a)to withdraw his name from any one of the medical list, child health surveillance list or minor surgery list, or

(b)to cease to provide any of the following services or to provide general medical services limited to any of the following services (or any combination of them), that is to say—

(i)maternity medical services;

(ii)contraceptive services;

(iii)child health surveillance services; or

(iv)minor surgery services.

(3) The Board shall—

(a)on receiving notification by any doctor in accordance with paragraph (1), amend the medical list in relation to that doctor;

(b)in the case of a notification pursuant to paragraph (2) so amend the medical list either—

(i)on the date which falls 3 months after the date of the notification; or

(ii)on the date from which the Board has agreed that the withdrawal or cessation shall take effect,

whichever is the earlier.

Local Directory of Family Doctors

4C.(1) In accordance with this regulation the Board shall prepare not later than 1st April 1990, and thereafter maintain, in addition to a medical list, a list to be known as the Local Directory of Family Doctors (referred to in these Regulations as the “Local Directory”) comprising, in respect of each doctor whose name is included in the medical list, the following information:—

(a)all information relating to the doctor as is included in the medical list, except—

(i)any information so included under regulation 4(3)(c), and

(ii)his date of birth, unless the doctor has agreed to its inclusion in the Local Directory;

(b)where the doctor’s date of birth is included in the medical list but he has not agreed to its inclusion in the Local Directory, the date of his first full registration (whether pursuant to the Medical Act 1983 or otherwise) as a medical practitioner;

(c)the sex of the doctor;

(d)details of any medical qualification held by the doctor which he is entitled to have registered pursuant to section 16 of the Medical Act 1983 (registration of qualifications), including the date on which the qualification was awarded;

(e)the nature of any clinic provided by the doctor for his patients and the frequency with which it is held;

(f)the numbers of assistants and trainee general practitioners employed by him;

(g)(i)the number of other persons employed or available at the practice premises to assist the doctor in the provision of medical services under the terms of service,

(ii)the nature of the services provided by each such person, and

(iii)whether such persons are employed or available full-time or part-time;

(h)the terms of any consent granted to the doctor by the Board or, on appeal, by the Secretary of State, in accordance with paragraph 12(3) of Schedule 1 concerning the use of a deputising service;

(j)where, and to the extent that the doctor so requests, details of any languages, other than English, spoken by the doctor or by any person referred to in sub-paragraph (f) or (g); and

(k)where the doctor so requests, and to the extent that the Board considers it justified, details of any particular clinical interests of the doctor.

(2) Paragraph (1) shall apply in the case of a restricted list principal or a restricted services principal only to the extent that the Board sees fit.

(3) The Board may, to the extent that it sees fit also include in the Local Directory other details or information relating to the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services in its locality under Part II of the Act.

(4) A doctor shall, in respect of each Local Directory in which information about him is recorded, provide to the Board not later than 1st January 1990 so much of the information specified in sub-paragraph (b) to (h) of paragraph (1) as may be requested by the Board in writing before 1st December 1989.

(5) The Local Directory shall include the name of each doctor in alphabetical order.

(6) Where a doctor practises in partnership or in a group practice with other doctors, the information regarding his practice which falls to be included in the Local Directory in accordance with paragraphs (1)(e),(f), and (g) may, provided each doctor in the partnership, or as the case may be, the group practice agrees, be included in the entry relating to only one of those doctors.

(7) Without prejudice to the provisions of regulation 33, the Board may compile extracts from the information in the Local Directory in relation to a part or parts of the area of the Board and may make any such extract available to any person to whom, in the opinion of the Board, it is likely to be of interest.

(8) A doctor shall, unless it is impractical for him to do so, notify the Board within 28 days of any occurrence requiring a change in the information recorded about him in the Local Directory.

(9) Following receipt of notification in accordance with paragraph (1) the Board shall forthwith amend the Local Directory accordingly..

New regulation (removal from medical list on grounds of age)

6.  After regulation 5 (removal from the medical list of names of doctors not providing services) of the principal Regulations there shall be inserted the following regulation:—

Removal from medical list on grounds of age

5A.(1) The Board shall, on 1st April 1991, remove from the medical list the name of any doctor who has, on or before that date, attained the age of 70 years.

(2) Where, on any day after 1st April 1991, a doctor whose name is included in the medical list attains the age of 70 years, the Board shall thereupon remove his name from the list.

(3) A Board shall give to any doctor whose name is to be removed from the medical list in accordance with paragraph (1) or (2)—

(a)notice in writing to that effect not less than 12 months nor more than 13 months before the date on which his name is to be removed; and

(b)a further such notice not less than 3 months nor more than 4 months before that date,

but any failure to give such notice to any doctor as required by sub-paragraph (a) or (b) shall not prevent the removal of that doctor’s name from the medical list in accordance with paragraph (1) or (2).

(4) A doctor shall provide to the Board not later than 1st Febr uary 1990 such evidence of his date of birth as the Board, for the purposes of this regulation may require by written notice given not later than 1st January 1990..

Amendment to regulation 6 (application for inclusion in medical list)

7.  In paragraph (1) of regulation 6 (application for inclusion in medical list) of the principal Regulations, for the words “in the form set out” there shall be substituted the words “in writing which shall include the information and undertakings specified”.

Amendment to regulation 15 (selection of doctor)

8.  In regulation 15 (selection of doctor) of the principal Regulations, there shall be inserted after paragraph (2) the following paragraphs:—

(3) The appropriate person, in relation to a child who is under the age of 5 years, may apply to a doctor—

(a)who is—

(i)the doctor on whose list the child is included (in this paragraph referred to as “the child’s doctor”),

(ii)a doctor with whom the child’s doctor practises in partnership, or

(iii)a doctor with whom the child’s doctor is associated in a group practice; and

(b)whose name is included in any medical list and in the child health surveillance list of the Board,

for the provision of child health surveillance services in respect of the child for a period ending on the date on which the child attains the age of 5 years.

(4) In paragraph 3 the “appropriate person” in relation to a child who is under the age of 5 years is a person who has the right under regulation 35 of these regulations to choose on behalf of the child the person by whom general medical services are to be provided for the child.

(5) A person may apply to a doctor—

(a)who is—

(i)the doctor on whose list he is included (in this paragraph referred to as “his own doctor”),

(ii)a doctor with whom his own doctor practises in partnership, or

(iii)a doctor with whom his own doctor is associated in a group practice; and

(b)whose name is included in any medical list and in the minor surgery list of the Board,

for the provision of a procedure specified in Part IB of Schedule 1.

(6) A doctor shall not be required to provide either child health surveillance services or minor surgery services for a patient unless, following an application pursuant to paragraph (3) or, as the case may be, (5), he has accepted that patient for the provision of such services..

Amendment to regulation 18 (change of doctor)

9.  In regulation 18 (change of doctor) of the principal Regulations for paragraphs (1) and (2) there shall be substituted the following paragraphs:—

(1) Subject to the requirements of paragraph (2), a person may apply in accordance with regulation 15(1) to any doctor, other than the doctor in whose list he is included, who provides general medical services, for acceptance in that other doctor’s list of patients.

(2) A person who has applied, pursuant to paragraph (1), and been refused acceptance by any doctor, may apply to the Board in whose area he is resident to be allocated to any doctor whose name is included in the Board’s medical list..

Amendment to regulation 20 (temporary provision of general medical services)

10.  In paragraph (14) of regulation 20 (temporary provisions of general medical services) of the principal Regulations, for the words after “to provide”, where they first occur, to the end of the paragraph, there shall be substituted the words:—

Amendment to regulation 25 (change of doctor)

11.  For regulation 25 (change of doctor) of the principal Regulations, there shall be substituted the following regulation:—

Change of doctor

25.(1) A woman who has arranged with a doctor (in this regulation referred to as “the original doctor”) for the provision of maternity medical services may terminate the arrangement by—

(a)giving written notice to that effect to—

(i)the Board; or

(ii)the original doctor who shall within 7 days given written notice to the Board; or

(b)making a new arrangement with another doctor who shall within 7 days give written notice to the Board of the new arrangement.

(2) Where a Board receives notification in accordance with paragraph (1)(a)(i) or (b) it shall within 7 days give written notice to the original doctor that the arrangement with him has been terminated..

Amendments to regulation 31 (payments to doctors)

12.  In paragraph (1) of regulation 31 (payments to doctors) of the principal Regulations—

(a)(i)for sub-paragraph (a) there shall be substituted the following sub-paragraph:—

(a)basic practice allowance, and additional allowances for designated areas, seniority and employment of assistants;;

(ii)in sub-paragraph (b) the words “and supplementary” shall be deleted;

(iii)in sub-paragraph (e) the words “for post-graduate training,” shall be deleted;

(iv)for sub-paragraph (f) there shall be substituted “allowances for practice expenses and for improvement of premises;”

(b)there shall be inserted after sub-paragraph (g) of that paragraph the following:—

(h)capitation fees in respect of patients who participate in a consultation in accordance with paragraph 10A in Part I of Schedule 1;

(i)capitation fees in respect of patients to whom child health surveillance services are provided;

(j)capitation fees in respect of patients who are resident in deprived areas;

(k)a fee for each minor surgery session undertaken;

(l)fees in respect of the provision of health promotion clinics approved by the Board;

(m)target payments in respect of immunisations provided;

(n)target payments in respect of cervical cytology;

(o)allowances for the employment of locums by doctors during confinement, sickness or study leave;

(p)allowances for undergoing approved postgraduate education;

(q)allowances for the employment of doctors by isolated single-handed doctors;

(r)allowances in respect of providing placements in practices for undergraduate medical students;

(s)transitional payments in consequence of changes to the terms of service,.

Amendments to regulation 33 (publication of particulars)

13.  In paragraph (1) of regulation 33 (publication of particulars) of the principal Regulations there shall be inserted, after sub-paragraph (g), the following sub-paragraphs:—

(h)the Local Directory,

(i)a compendium of practice leaflets provided to it by doctors whose names are included in its Medical List,.

New regulation (guidance to doctors)

14.  After regulation 33 (publication of particulars) of the principal Regulations there shall be inserted the following regulation:—

Guidance to doctors

33A(1) Subject to sub-paragraph (2) a Board may issue guidance to doctors whose names are included in its medical list to assist them in assessing, in accordance with paragraph 12A of Schedule 1, the qualifications, experience and competence of any employee or prospective employee.

(2) Any guidance issued under sub-paragraph (1) shall—

(a)be issued only after consultation with the Area Medical Committee, and

(b)have regard to standards adopted either by an appropriate national regulatory body for a profession or occupation or by a similar body..

Amendment to regulation 35 (exercise of choice of doctor or chemist in certain cases)

15.  In regulation 35(a) (exercise of choice of doctor or chemist in certain cases) of the principal Regulations, the words “under the age of sixteen” shall be deleted.

Amendments to Schedule 1 to the principal Regulations

16.  In Schedule 1 to the principal Regulations—

(a)Part I (terms of service for doctors) shall be amended in accordance with Part I of Schedule 1 to these Regulations;

(b)after Part I there shall be inserted new Parts IA, IB, IC, ID and IE set out in Part II of Schedule 1 to these Regulations;

(c)Part II (form of application for inclusion in medical list) shall be amended in accordance with Schedule 2 to these Regulations;

(d)after Part III there shall be inserted new Parts IV and V as set out in Schedule 3 to these Regulations.

Transitional provisions

17.—(1) Subject to paragraph (2), where, on or after the date on which regulation 12 of these Regulations comes into force, there falls to be determined an application by a doctor for a payment arising pursuant to a provision of regulation 31(1) of the principal Regulations which has been amended by that regulation 12, the application shall be determined as if that provision had not been so amended.

(2) Paragraph (1) shall not apply to an application received by the Board after 31st March 1991.

(3) Until 1st April 1990 paragraph (5) of regulation 4 of the principal Regulations shall have effect as if the reference in that paragraph to “any matter referred to in paragraphs (3) and (4)” were to include a reference to a matter to be inserted in paragraph (4) of that regulation by virtue of paragraph (3)(b) and (c) of regulation 4 of these Regulations.

(4) Where a doctor, whose name is included in the medical list of a Board on 1st January 1990, has appealed to the Secretary of State under paragraph 13A(11) of Part I of Schedule 1 to the principal Regulations and that appeal has not been determined by 1st April 1990, he shall be able, without prejudice to any other provisions in the Regulations applicable in his case, to continue to practise under the terms of service until his appeal has been determined, as if the amendments in these Regulations to the provisions of regulation 2(2) and (3) and paragraph 13 of Part 1 of Schedule 1 to the principal Regulations, and the provisions of paragraph 13A thereof relating to availability to patients other than the provisions in relation to applications and appeals, did not apply in his case.

Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

31st October 1989