Amendment of Part III of the principal Regulations

7.  For regulation 12 (decisions of the Medical Practices Committee) substitute—

Consideration of vacancies by Health Authorities

12.(1) A Health Authority may consider at any time whether there is, or will be, a vacancy for a doctor to provide general medical services in their area.

(2) A Health Authority must consider whether there is, or will be, a vacancy for a doctor in their area if—

(a)it has been asked to do so by a doctor who provides general medical services in their area; or

(b)a doctor has died, or has withdrawn from, or been removed from, the Health Authority’s medical list.

(3) Where paragraph (2) applies and where a doctor’s prospective patients are situated in the area of more than one Health Authority, any of those Health Authorities may—

(a)elect to consider separately whether there is a vacancy for a doctor in respect of the prospective patients residing in their area; or

(b)agree to deal jointly with one or more other Health Authorities with prospective patients residing in their areas.

(4) In a case falling within paragraph (3)(b), the Health Authority in whose area reside the largest number of prospective patients shall decide whether to declare a vacancy, and, if it does so, it shall proceed in accordance with regulation 13.

(5) If a Health Authority is considering whether or not there is, or will be, a vacancy, the Health Authority shall before reaching a decision—

(a)consider the matters set out in Part I of Schedule 3;

(b)obtain from any other Health Authority in whose area prospective patients reside, such information as it thinks necessary.

(6) In reaching their decision a Health Authority shall, in particular, take account of—

(a)persons in their area performing personal medical services;

(b)any relevant financial considerations;

(c)the effect of creating a vacancy on any other Health Authority or Health Board in whose area prospective patients reside;

(d)any services outside general medical services and personal medical services already provided by doctors in their area..