The National Health Service (General Medical Services) Amendment Regulations 2002

Amendment of Part III of the principal Regulations

8.—(1) Regulation 13 (declaration of vacancies) shall be amended in accordance with the following paragraphs.

(2) In paragraph (1) for “If the Medical Practices Committee” to “in a locality” substitute “If a Health Authority decides that the number of doctors undertaking to provide general medical services in the area”.

(3) For paragraph (1)(c) substitute—

“(c) may impose the condition that any doctor who is to fill a particular vacancy may provide general medical services only in such part of the area as the Health Authority may specify.”.

(4) In paragraph (2)(e)(ii) from “as shall have been specified in” to the end, substitute “as the Health Authority may specify.”.

(5) Omit paragraphs (3) and (4).

(6) After paragraph (4) add—

“(5) In a case to which regulation 12(3)(b) applies, before deciding which of the conditions set out in paragraph (2) it is appropriate to specify, the Health Authority declaring the vacancy shall consult any Health Authority in whose area prospective patients reside.

(6) When a Health Authority declares a vacancy to which regulation 18A or 18B applies, the vacancy will automatically lapse by effluxion of time after a period of 12 months beginning with the date of the declaration of the vacancy.

(7) When a Health Authority declares a vacancy for a sole practitioner, it shall advertise the vacancy within three months of the declaration of the vacancy or such further period as may be agreed by the Secretary of State.

(8) The Health Authority shall notify their decision in writing, giving reasons, to—

(a) the Local Medical Committee;

(b) any doctor who made a request under regulation 12(2)(a);

(c) any Health Authority or Health Board in whose area prospective patients reside.

(9) In this Part of these Regulations, where the prospective patients of a doctor reside in the area of more than one Health Authority, or in the area of both a Health Authority and a Health Board, any reference to “area” shall be construed as a reference to those areas in which prospective patients reside.”.