The National Health Service (General Medical Services) (Scotland) Regulations 1995

Succession to vacant medical practices

11.—(1) Where the Board has been directed by the Committee that a vacancy ought to be filled, the Board may, and if so directed by the Committee shall, give public notice of the vacancy in accordance with paragraph (2).

(2) A notice of vacancy to be given under this regulation shall be published in such a manner as the Board subject to any directions given by the Committee, considers is likely to bring the vacancy to the attention of prospective applicants located outside the Board’s area and shall include—

(a) in the case of a vacancy in a practice, details of the nature and location of the practice;

(b) in the case of a vacancy in relation to which the Committee has indicated that it is likely to impose a condition under section 23(4) of the Act(1) in relation to an applicant chosen to fill the vacancy, details of any such condition; and

(c) the closing date for receipt by the Board of any application to fill the vacancy.

(3) An application for a vacancy under this regulation shall be submitted in writing to the Board not later than the date specified in the notice to be given under paragraph (2)(c), shall be accompanied by the applicant’s application under regulation 9(2) (application for inclusion in the medical list) and, in addition to any other information specified under paragraph (2), shall include the following information:—

(a) whether the applicant intends to practise as—

(i) a full-time doctor;

(ii) a three-quarter-time doctor;

(iii) a half-time doctor;

(iv) a job-sharing doctor; or

(v) a restricted doctor; and

(b) where the applicant intends to practise as a job-sharing doctor, the name of the other job-sharing doctor with whose hours the applicant’s hours are to be aggregated for the purpose of regulation 15(d).

(4) Where a Board receives more than one application for any vacancy it shall select, in accordance with paragraphs (5) to (7), the applicant whose application it wishes to be considered by the Committee.

(5) Before making its selection for the purposes of paragraph (6) the Board shall consult the Area Medical Committee and may give to any applicant for the vacancy an opportunity of making—

(a) further representations to it in writing;

(b) where the Board sees fit, representations to it in person.

(6) When the Board has selected an applicant, it shall—

(a) notify each applicant in writing whether or not he has been selected;

(b) inform any applicant who has not been selected of his right to appeal to the Secretary of State on a point of law under section 23(2A)(c) of the Act(2); and

(c) subject to paragraph (7) send the application of the selected applicant to the Committee, indicating in writing that it wishes that application to be considered by the Committee.

(7) An application shall not be sent to the Committee under paragraph (6) until—

(a) the time has expired for bringing an appeal under section 23(2A)(c) of the Act in connection with the non-selection of any applicant for the vacancy to which the applications relate; or

(b) where such an appeal is made—

(i) the appeal has been determined adversely for the applicant; or

(ii) where the appeal is successful, the Board has reconsidered the application in respect of which the appeal was made,

whichever is the later.

(8) The Board shall have regard, in making a selection under paragraph (6)—

(a) to any desire expressed by an applicant to practise with other doctors who provide general medical services in the locality and to any wish expressed by such other doctors to take any applicant into practice with them and shall have special regard to these matters in cases where any applicant is a relative of any such doctor; and

(b) to any wish expressed by an applicant to provide general medical services as an additional doctor in any part of the area of the Board.

(9) A doctor who has not been selected to fill a vacancy may appeal on a point of law to the Secretary of State and the provisions of regulation 17 shall apply in relation to any such appeal.

(10) This regulation does not apply in the case of a doctor who has given notice of his wish to exchange his practice in accordance with regulation 12 or where the doctor is, in relation to the practice, a doctor to whom regulation 24 applies.

(1)

Section 23(4) was amended by the 1990 Act, section 39(3).

(2)

Section 23(2A) was inserted by the 1990 Act, section 39(2).