Minor surgery list
32.—(1) The FHSA shall maintain a list (in these Regulations referred to as “the minor surgery list”) of the names of those doctors who have satisfied the FHSA or, on appeal, the Secretary of State in accordance with the following provisions of this regulation that they have such medical experience, training and facilities as are necessary to enable them properly to provide all of the procedures listed in Schedule 6.
(2) A doctor may apply in accordance with paragraph (3), to a FHSA for the inclusion of his name in the minor surgery list maintained by that FHSA.
(3) An application for the purpose of paragraph (2) shall be made in writing and shall include the information specified in Part IX of Schedule 3.
(4) Unless the doctor otherwise agrees, the FHSA shall determine an application made in accordance with paragraph (3) within 2 months of receiving it.
(5) The FHSA may, if it thinks fit, hold an oral hearing of any application and shall not refuse an application without giving the doctor an opportunity of an oral hearing.
(6) Where the FHSA decides to hold an oral hearing, it shall, not less than 14 days before the date fixed for the hearing, give notice in writing to the doctor.
(7) When determining an application the FHSA shall have regard—
(a)for the purpose of assessing the doctor’s medical experience and training, to any—
(i)post-graduate qualification held by him,
(ii)any training undertaken by him and 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 minor surgery services;
(b)for the purpose of assessing the doctor’s facilities, to the premises and the equipment to be used by the doctor in the provision of minor surgery services,
and shall seek and take into account any medical advice it considers necessary to enable it to determine the application.
(8) The FHSA shall determine an application by either—
(a)granting the application; or
(b)refusing the application.
(9) The FHSA shall inform the doctor in writing of its determination and shall—
(a)where it refuses the application, give notice in writing to him of the reasons for the determination and of his right of appeal under paragraph (10); or
(b)where it grants the application, forthwith include the doctor’s name in its minor surgery list.
(10) If an application is refused the doctor may appeal in writing to the Secretary of State within 30 days of receiving notice in writing of the FHSA’s determination.
(11) On any appeal pursuant to paragraph (10) or (15) the Secretary of State—
(a)may, if he thinks fit, hold an oral hearing of the appeal and, in such a case shall—
(i)appoint one or more persons to hear the appeal who shall report to him on the appeal, and
(ii)not less than 14 days before the date fixed for the hearing, give notice in writing to the appellant and to the FHSA;
(b)in determining the appeal, shall either confirm or reverse the determination of the FHSA and shall communicate his decision, together with the reasons for it, to the appellant and to the FHSA; and
(c)where he reverses the determination of the FHSA, shall direct that the FHSA include the doctor’s name in its minor surgery list.
(12) Subject to paragraphs (13) to (18), a doctor’s name may be removed from the minor surgery list only if—
(a)it has been removed from the medical list of any FHSA pursuant to regulation 6(3) or regulation 7; or
(b)the FHSA has determined that the doctor has not provided minor surgery services at any time during the past 5 years.
(13) Before making any determination under sub-paragraph (b) of paragraph (12) the FHSA shall—
(a)give the doctor 30 days' written notice 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 FHSA.
(14) Where the FHSA makes a determination under sub-paragraph (b) of paragraph (12), it shall send to the doctor a notice in writing which shall include a statement—
(a)to the effect that, subject to any appeal under paragraph (15), the doctor’s name will, after 30 days from the date of the notice, be removed from the minor surgery list maintained by the FHSA;
(b)of the FHSA’s reasons for its determination; and
(c)of the doctor’s right of appeal under paragraph (15).
(15) A doctor who has received a notice in accordance with paragraph (14) may, within 21 days of receiving it, appeal to the Secretary of State against the determination, and pending the determination of the appeal, the FHSA shall not remove his name from the minor surgery list.
(16) An appeal under paragraph 15 to the Secretary of State shall be made in writing and shall include a statement of the grounds of appeal and on any such appeal the Secretary of State shall, if he allows the appeal, direct that the FHSA shall not remove the doctor’s name from the minor surgery list.
(17) The FHSA shall comply with any direction given to it under this regulation.
(18) Where the Secretary of State holds an oral hearing of an appeal pursuant to paragraph (11)(a), the appellant and the FHSA may be represented by counsel, solicitor or any other person.