The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1989

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.