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

Limitation of number of persons in doctors' lists

21.—(1) Subject to paragraph (2), the maximum number of persons a doctor may have on his list in all areas in which he provides general medical services (in addition to any persons for whom he has accepted responsibility following the granting by the Board of relief to another doctor under paragraph 18 of the terms of service) shall be—

(a) 3,500 for a doctor carrying on practice otherwise than in partnership;

(b) 4,500 for a doctor carrying on practice in partnership subject to an average of 3,500 for each of the partners in the practice.

(2) Where a doctor employs, or the doctors carrying on practice in partnership employ, permanently one or more assistants, an addition of not more than 2,000 persons to the list in respect of each assistant, may, with the consent of the Board (or, on appeal, of the Medical Practices Committee), be allowed in the light of the circumstances of the particular case, any such addition in the case of a partnership being disregarded in calculating the average number of persons on the list of the partners for the purposes of sub-paragraph (1)(b).

(3) For the purposes of paragraph (2)—

(a) where an assistant is included in a medical list the additional number which would otherwise be allowable to his principal in respect of him shall be reduced by the number of persons on his list;

(b) any additional number to the list allowed in respect of the employment of an assistant shall not apply during any period when no assistant is employed (but a period comprising a short interval between the departure of an assistant and the arrival of his successor may be ignored).

(4) For the purposes of this regulation a doctor shall be deemed to be carrying on practice otherwise than in partnership unless the Board or, on appeal, the Medical Practices Committee is satisfied that he—

(a) discharges the duties and exercises the powers of a partner in connection with the practice of the partnership; and,

(b) either—

(i) in the case of a full-time doctor, he is entitled to a share of the profits which is not less than one third of the share of the partner with the greatest share; or

(ii) in the case of a three-quarter-time doctor he is entitled to a share of the profits which is not less than one quarter of the share of the partner with the greatest share; or

(iii) in the case of a half-time doctor he is entitled to a share of the profits which is not less than one fifth of the share of the partner with the greatest share; or

(iv) in the case of a job-sharing doctor, he is entitled to a share of the other profits which, when added to the share of the job-sharing doctor with whose hours his hours are being aggregated for the purpose of regulation 15(d), is not less than one third of the share of the partner with the greatest share.

(5) A doctor who is dissatisfied with the decision of the Board respecting the extent to which the number of persons on his list may be increased by reason of the employment by him of an assistant may appeal against that decision to the Medical Practices Committee by sending to that Committee notice of appeal within 30 days or such longer period as that Committee may allow from the date on which the Board intimates its decision to him, and that Committee, after such inquiry as it may think necessary, shall determine the appeal.

(6) In any appeal under paragraph (5) the Medical Practices Committee shall admit to any hearing of such appeal such persons not exceeding two in number as may be appointed for the purpose by an organisation recognised by the Secretary of State as representative of the medical profession, and shall allow such persons to address the Committee before deciding on the appeal.

(7) Where the Board finds the number of patients on the doctor’s list to be in excess of the maximum number allowed in accordance with this regulation it shall notify the doctor who shall, within 60 days from the date on which the excess is notified to him, take steps to reduce his list to the maximum number allowed by—

(a) entering into partnership; or

(b) employing an assistant; or

(c) giving notice to the Board of the names of the necessary number of patients whom he wishes to have removed from his list under paragraph 9 of the terms of service.

(8) If at the end of the said period of 60 days the steps taken by the doctor have not resulted in the number of persons on his list being within the maximum number allowed, the Board shall remove from his list the necessary number of names.

(9) If a doctor gives notice under paragraph (7)(c) or the Board requires to take action under paragraph (8), the Board shall inform each person to be removed that he should apply to another doctor for acceptance.

(10) Where a doctor whose name is included in the medical list in respect of more than one address and who wishes to cease to practise at one such address and who has obtained the consent of the Board, or on appeal, of the Secretary of State, to this change, gives notice to the Board of his wish to have removed from his list the persons who would have attended for treatment at the address at which he will no longer practise, the provisions of regulation 22(3), (4) and (6) shall apply, with the necessary modifications, and the Board shall take action accordingly.

(11) In carrying out its functions under this regulation the Board shall consult as necessary with the Board of any adjoining area whose medical list includes the doctor or doctors concerned and if Boards fail to agree on any matter the issue shall be determined by the Secretary of State.

(12) The Board may, in special circumstances, subject to the consent of the Secretary of State and to any conditions he may impose, permit a doctor or partnership to have on his list or their lists such greater number than the maximum number otherwise allowed under this regulation.

(13) Nothing in this regulation shall prevent a doctor from accepting persons who apply to him as temporary residents or exempt him from any liability under paragraph 5 of his terms of service.