The Vocational Training for General Medical Practice (European Requirements) Regulations 1994

Assistants and deputies England and Wales

12.—(1) This regulation is subject to regulation 14.

(2) Schedule 2 to the 1992 Regulations (terms of service for doctors) is amended as follows.

(3) In paragraph 22 (which provides that a doctor must obtain the consent of the FHSA before entering into arrangements with a deputising service)—

(a) in sub-paragraph (1), for “obtain the consent of the FHSA” substitute—

“(a) obtain the written agreement of the deputising service that any doctor provided to him by the deputising service will be suitably experienced within the meaning of section 31 of the Act (other than by virtue of being a restriced services principal) or will have the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994(1); and

(b) obtain the consent of the FHSA.”;

(b) after sub-paragraph (1) insert—

“(1A) The FHSA shall refuse its consent if the doctor has not obtained the written agreement of the deputising service as referred to in sub-paragraph (1)(a).”;

(c) in sub-paragraph (2), for “may impose such” substitute—

“(a) shall impose the condition that the agreement referred to in sub-paragraph (1)(a) remain in force; and

(b) may impose such other”; and

(d) after sub-paragraph (2), insert—

“(2A) References below in this paragraph to refusing consent and to conditions do not include refusing consent under sub-paragraph (1A) or the condition set out in sub-paragraph (2)(a).”.

(4) After paragraph 22 insert—

“22A.— (1) A doctor shall not engage another doctor as a deputy, or employ one as an assistant (other than as a trainee general practitioner), unless the other doctor—

(a) is suitably experienced within the meaning of section 31 of the Act (other than by virtue of being a restricted services principal); or

(b) has the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994(2).

(2) A doctor shall from time to time, and at any time when there are grounds for doing so, take reasonable steps to satisfy himself that a deputising service with which he has entered into arrangements for the provision of any deputy continues to comply with the agreement referred to in paragraph 22(1)(a).

(3) If the FHSA so requests, a doctor shall furnish it with evidence that such a deputising service is continuing to comply with that agreement.”.

(5) In paragraph 28 (employees), after paragraph (1) insert—

“(1A) The duty imposed by paragraph (1) is in addition to the duty imposed by paragraph 22A(1) so far as it relates to assistants.”.

(1)

S.I. 1994/3130.

(2)

S.I. 1994/3130.