The National Health Service (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and (General Medical Services) Amendment Regulations 2003

Amendment of regulation 4

25.—(1) Regulation 4 (application for inclusion in the supplementary list) of the Supplementary List Regulations shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraph—

“(1) Subject to paragraphs (7) and (8), an application by a doctor for the inclusion of his name in the supplementary list shall be made by sending the Primary Care Trust an application in writing, which shall include the information mentioned in paragraph (2), the undertakings and consents required by paragraphs (3) and (6) and any declaration required under paragraph (2), (4) or (5).”.

(3) In paragraph (2)—

(a) in sub-paragraph (f) there shall be inserted, at the beginning, “subject to sub-paragraph (n)”;

(b) in sub-paragraph (l) “to his knowledge” shall be deleted and, at the end, there shall be added “and details of the Primary Care Trust or equivalent body concerned”; and

(c) for sub-paragraph (m) there shall be substituted—

“(m) whether he has any outstanding application, including a deferred application, to be included in a list or an equivalent list, and if so, particulars of that application; and

(n) if he is a General Practice Registrar, the name and practice address of his GP trainer and, if he is not a fully registered doctor included in the register of medical practitioners, a declaration that he is registered in that register with limited registration with details of the limits of that registration, as defined in the direction by virtue of which he is registered.”.

(4) In paragraph (3)—

(a) in sub-paragraph (a), after “the declarations”, there shall be inserted “and, if applicable, document”;

(b) after sub-paragraph (a) there shall be inserted the following sub-paragraph —

“(aa) undertaking to assist in the provision of general medical services when employed or engaged as an assistant;”;

(c) for sub-paragraph (b) there shall be substituted—

“(b) undertaking not to provide or assist in the provision of general medical services, or to perform personal medical services in the area of another Primary Care Trust or equivalent body from whose supplementary, medical or services list he has been removed, except where that removal was at the request of the practitioner or in accordance with regulation 10(7) of these regulations, regulation 10(6) of the Services List Regulations or regulation 7(2) or (11) of the Medical Regulations”; and

(d) at the end there shall be added—

“and

(g) if he is a General Practice Registrar, unless he is suitably experienced within the meaning of section 31(1), or has an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994(2), an undertaking—

(i) only to assist in providing general medical services, or to perform personal medical services, when acting for and under the supervision of, his GP trainer,

(ii) to withdraw from the supplementary list if any of the events listed in paragraph (3A) takes place, and

(iii) to apply for a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations or a certificate of equivalent experience under regulation 11 of those Regulations as soon as he is eligible to do so, and to provide the Primary Care Trust with a copy of any such certificate.”.

(5) After paragraph (3) there shall be inserted the following paragraph—

“(3A) The events to which this paragraph applies are—

(a) the conclusion of any period of training prescribed by regulation 6(3) of the Vocational Training Regulations, unless it forms part of a vocational training scheme which has not yet been concluded, or the doctor provides the Primary Care Trust with a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations or a certificate of equivalent experience under regulation 11 of those Regulations;

(b) the failure satisfactorily to complete any period of training within the meaning of regulation 9 of the Vocational Training Regulations; and

(c) the completion of a vocational training scheme, unless the doctor provides the Primary Care Trust with a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations or a certificate of equivalent experience under regulation 11 of those Regulations.”.

(6) In paragraph (4), there shall be—

(a) inserted after sub-paragraph (c) the following sub-paragraphs—

“(cc) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995(3) or a penalty under section 115A of the Social Security Administration Act 1992(4);

(cd) has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging him absolutely (without proceeding to conviction);”;

(b) substituted for sub-paragraph (h) the following—

“(h) is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the NHS Counter Fraud and Security Management Service in relation to fraud;”;

(c) added, at the end of sub-paragraph (k), “, and if so, why and the name of that Primary Care Trust or equivalent body”; and

(d) inserted, after sub-paragraph (k), the following—

“or

(l) is, or has ever been, the subject of a national disqualification,”.

(7) In paragraph (5) “to his knowledge”, in the first place where it occurs, shall be deleted.

(8) At the end there shall be added the following paragraphs—

“(7) If, in the case of any application, the Primary Care Trust finds that the information, references or documentation supplied by the doctor are not sufficient for it to decide his application, it shall seek from that doctor such further information, references or documentation as it may reasonably require in order to make a decision and that doctor shall supply the material so sought to the Trust.

(8) In the case of an application to a Primary Care Trust by a doctor, who is included in the medical list or the services list of that Trust, seeking to withdraw from that list and to include his name in its supplementary list, that doctor shall only be required to provide the information required by paragraph (2) in so far as—

(a) he has not already supplied it to that Trust; or

(b) it has changed since it was provided.”.

(1)

Section 31 was amended by the 1997 Act, section 32(3).

(2)

S.I. 1994/3130, as amended by S.I. 1998/669.

(3)

1995 c. 46.

(4)

1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).