National Health Service Act 1977

33 Distribution of general medical services. E+W+S

[F1 (1) The Medical Practices Committee may refuse any applications under section 30 above on the grounds that the number of medical practitioners undertaking to provide general medical services in the locality of the Family Practitioner Committee concerned or in the relevant part of that locality is already adequate.]

[F2 (1A) The Secretary of State may by order specify—

(a) the maximum number of medical practitioners with whom, in any year, all the Family Health Services Authorities for localities in England, taken as a whole, may enter into arrangements under section 29 above for the provision of general medical services; and

(b) the maximum number of medical practitioners with whom, in any year, all the Family Health Services Authorities for localities in Wales, taken as a whole, may enter into such arrangements.

(1B) An order under subsection (1A) above may contain such incidental and consequential provisions (including provisions amending this Part of this Act) as appear to the Secretary of State to be appropriate including, in particular, provisions as to the basis on which the Medical Practices Committee are to refuse applications under section 30 above in order to secure that any maximum number specified in the order is not exceeded.]

(2) [F3 Subject to subsection (2A) below] if in the opinion of the Medical Practices Committee additional practitioners are required for any [F4 locality or part of a locality], but the number of applications exceeds the number required, the Committee shall select the persons whose applications are to be granted and shall refuse the other applications.

[F5 (2A) If, in the opinion of the Medical Practices Committee, a medical practitioner is required for a particular part of the locality of a Family Health Services Authority, then, in such circumstances as may be prescribed,—

(a) the Authority (instead of the Committee) shall, in accordance with regulations, select the medical practitioner whose application they wish to be considered by the Committee; and

(b) the Committee shall not consider any application from a medical practitioner who is not so selected; and

(c) any medical practitioner who has made an application but is not so selected may appeal to the Secretary of State on a point of law;

and if the Secretary of State allows an appeal under paragraph (c) above he shall remit the application to the Authority for reconsideration.]

[F6 (3) Before selecting any persons under subsection (2) above the Medical Practices Committee shall consult the Family Practitioner Committee concerned, and the Family Practitioner Committee shall, if a Local Medical Committee has been formed for their locality and recognised under section 44 below, consult that Local Medical Committee before expressing their views on the persons to be selected.

(4) Except as provided in subsections (1) to (3) above or as required by section 31 above, the Medical Practices Committee shall not refuse any application under section 30, but

[F7 (a) in granting an application shall specify, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which the applicant will be entitled to be remunerated; and]

[F7 (b)] may grant an application subject to conditions excluding the provision of general medical services by the applicant in such part or parts of the Family Practitioner Committee’s locality as the Medical Practices Committee may specify][F8 and an order under subsection (1A) above may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions imposed under paragraph (a) above].

(5) A medical practitioner who has made an application under section 30 which has been refused [F9 by the Medical Practices Committee] or has been granted [F9 by that Committee] subject to [F10 conditions under paragraph (a) or paragraph (b) of subsection (4) above] may appeal to the Secretary of State; [F11 on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical Practices Committee for reconsideration].

[F11 This subsection does not apply where an application has been refused under paragraph (a) of section 31(1)][F11 or under section 8 of the Health and Medicines Act 1988 (persons over retiring age)].

(6) Where the Medical Practices Committee select persons from a number of applicants, the persons selected shall not be included in the list in question during the period for bringing an appeal to the Secretary of State or pending the determination of any such appeal.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(8) [F13 In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) above applies, the Family Health Services Authority shall]—

(a) have regard to any desire expressed by any applicant to practise with other medical practitioners already providing general medical services in the [F14 locality concerned or part of it] and of any desire expressed by such other practitioners to take any applicant into practice with them;

(b) have special regard to such matters in cases where an applicant is related to any other such practitioner.

Textual Amendments

F1 S. 33(1) substituted by S.I. 1985/39, art. 7(7)(a)

F2 S. 33(1A)(1B) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(1)

F3 Words inserted (subject to transitional provisions in S.I. 1990/2511, art. 4(1)) (E.W.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(2)

F4 Words substituted by S.I. 1985/39, art. 7(7)(b)

F5 S. 33(2A) inserted (subject to transitional provisions in S.I. 1990/2511, art. 4(1)) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(2)

F6 S. 33(3)(4) substituted by S.I. 1985/39, art. 7(7)(c)

F7 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(3)

F8 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(3)

F9 Words inserted by S.I. 1981/432, art. 3(2)

F10 Words substituted (subject to transitional provisions in S.I. 1990/2511, art. 4(2)(3) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(4)

F11 Words from “on a point of law” to “reconsideration” substituted for the words following “Secretary of State” up to “retiring age)” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), S. 23(4) (the substitution being in force 1.1.1991 by S.I. 1990/1329, art. 2(7)(c) as amended by S.I. 1990/2511, art. 2(b), by virtue of which art. 2(b) section 23(4) is excepted from the coming into force on 1.1.1991 so far as it repeals the second paragraph of s. 33(5) of the 1977 Act) (subject to transitional provisions in S.I. 1990/2511, art. 4(2)(3) ). New words were added at the end of the second paragraph of s. 33(5) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 3

F12 S. 33(7) repealed (subject to transitional provisions in S.I. 1990/2511, art. 4(2) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 23(5), 66(2), Sch. 10

F13 Words substituted (subject to transitional provisions in S.I. 1990/2511, art. 4(2) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(6)

F14 Words substituted by S.I. 1985/39, art. 7(7)(d)

Modifications etc. (not altering text)

C1 S. 33(2A) applied by S.I. 1974/160, reg. 10A (as substituted by S.I. 1990/2513, reg. 6)

C2 S. 33(2A) extended (1.4.1992) by S.I. 1992/635, reg. 13(1).