The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1991

Transitional provisions

22.—(1) Where, prior to 1st April 1991, the Medical Practices Committee has refused an application under section 20 of the Act or has granted an application subject to conditions excluding the provision of general medical services by the applicant in a part or parts of the area of a Health Board, regulations 11(1) and 12 of the principal Regulations shall have effect, in relation to the notification of that Committee’s decision and to any appeal from it, as if these Regulations had not come into force.

(2) Where, prior to 1st April 1991, the Medical Practices Committee, or a Health Board authorised in that behalf by that Committee, has resolved that—

(a) a doctor is required to fill a vacant practice; or

(b) an additional doctor is required otherwise than in succession to another doctor,

the principal Regulations shall apply to any decision made after 1st April 1991 in relation to any application made under regulation 8(2) of those Regulations in consequence of any such resolution as if these Regulations had not come into force.

(3) Subject to paragraphs (4) and (6), where (i) on 31st March 1991 a doctor’s name is included in a medical list or (ii) on or before that date an application by a doctor for his name to be included in a medical list has been granted but his name has not yet been included in the medical list in respect of which the application was made, that doctor shall thereafter be treated as if the Medical Practices Committee had on 1st April 1991 imposed in relation to him—

(a) where the doctor is available for not less than 26 hours in any week, the condition mentioned in sub-paragraph (a) of regulation 12A of the principal Regulations;

(b) where the doctor is available for less than 26 hours but not less than 19 hours in any week, the condition mentioned in sub-paragraph (b) of that regulation;

(c) where the doctor is available for less than 19 hours but not less than 13 hours in any week, the condition mentioned in sub-paragraph (c) of that regulation;

(d) where the doctor is available jointly with another doctor for not less than 26 hours in any week, the condition mentioned in sub-paragraph (d) of that regulation;

(e) where the doctor is a restricted list principal or a restricted services principal, the conditions mentioned in sub-paragraph (e) of that regulation, but as if for the reference in that paragraph to the hours specified by the doctor in his application there were substituted a reference to the hours during which the doctor was, in any week, normally available to his patients immediately before 1st April 1991;

(f) where the doctor was, on 31st March 1991, available in accordance with the paragraph formerly numbered 13E, the conditions mentioned in sub-paragraph (a) of that regulation.

(4) A doctor to whom sub-paragraph (e) of paragraph (3) applies shall, on any day falling before 1st July 1991—

(a) be relieved of the obligation to comply fully with the condition mentioned in regulation 12A(a) of the principal Regulations, notwithstanding that he falls to be treated, by virtue of paragraph (3), as a full-time doctor; and

(b) instead provide general medical services in any week for no less than the number of hours which had been approved in his case by the Health Board in accordance with the paragraph formerly numbered 13E.

(5) Where, prior to 1st April 1991, an application has been made to a Health Board for approval pursuant to sub-paragraph (1) of the paragraph formerly numbered 13A and—

(a) that application has not been determined by that Board before that date; or

(b) the application has been so determined but—

(i) an appeal against that determination has been brought but not determined before that date; or

(ii) the time for bringing such an appeal has not expired before that date,

the application or, as the case may be, any appeal against such a determination shall be determined after 1st April 1991 by that Board or, as the case may be, the Secretary of State under the principal Regulations as in force immediately before these Regulations came into force.

(6) Where the application or appeal of any doctor has been determined in accordance with paragraph (5), paragraph (3) shall apply in relation to that doctor as if—

(a) for the reference in that paragraph to “that date”; and

(b) for the words “immediately prior to 1st April 1991” in paragraph 7(a),

there were substituted a reference to the date of the determination of the application or, as the case may be, of the appeal in accordance with paragraph (5).

(7) In this regulation—

(a) “available” means, in relation to a doctor, available to provide general medical services to his patients at such times as have been approved in his case by the Health Board pursuant to the paragraph formerly numbered 13A prior to 1st April 1991;

(b) “the paragraph formerly numbered 13A” and “the paragraph formerly numbered 13E” mean, respectively the paragraphs bearing that number in Part I of Schedule 1 to the principal Regulations as in force immediately prior to their amendment by these Regulations.