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National Health Service (Primary Care) Act 1997
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- s. 23(1) repealed by 2003 c. 43 Sch. 14 Pt. 4
- s. 23(2) repealed by 2004 asp 1 sch. para. 2(6)
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- S.I. 2004/287 art. 2 3 commences (1997 c. 46)
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- S.I. 2006/1407 Sch. 1 Pt. 2 para. 3 commences (1997 c. 46)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/53 art. 2(a) commences (2001 c. 15)
- S.I. 2004/288 art. 2-6 commences (2003 c. 43)
- S.I. 2004/480 art. 2-5 commences (2003 c. 43)
- S.I. 2004/866 art. 2 amendment to earlier commencing SI 2004/288
- S.I. 2004/1009 art. 2 amendment to earlier commencing SI 2004/288
- S.I. 2004/1019 art. 2 amendment to earlier commencing SI 2004/480
- S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
- S.I. 2006/345 art. 2-7 commences (2003 c. 43)
- S.I. 2006/345 art. 8 amendment to earlier commencing SI 2004/480
- S.I. 2006/481 art. 2 3 commences (2006 c. 15)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 8 commences (2001 c. 15)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 12 commences (2002 c. 17)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 13 commences (2003 c. 43)
- S.S.I. 2003/62 art. 2 commences (2002 asp 5)
- S.S.I. 2004/33 art. 2 commences (2002 asp 5)
- S.S.I. 2004/58 art. 2 Sch. commences (2004 asp 1)
- S.S.I. 2004/148 art. 2 commences (2003 asp 4)
- S.S.I. 2005/492 art. 3 Sch. 1-3 commences (2005 asp 13)
- S.S.I. 2006/121 art. 3 Sch. 1 2 commences (2005 asp 13)
23 Right to choose medical practitioner.E+W+S
(1)In the 1977 Act, after section 28E, insert—
“28F Right to choose medical practitioner.
(1)Provision shall be made in regulations for conferring a right on any person to choose the medical practitioner from whom he is to receive primary medical services, subject to—
(a)the consent of the practitioner concerned; and
(b)any limit on the number of patients to be accepted by any practitioner.
(2)In particular, the regulations—
(a)shall prescribe the procedure for choosing a practitioner;
(b)may prescribe a limit on the number of patients to be accepted by a medical practitioner who undertakes to provide general medical services under Part II; and
(c)shall provide for the distribution among medical practitioners of persons who have indicated a wish to obtain primary medical services but—
(i)have been refused by the medical practitioner of their choice; or
(ii)have not chosen a medical practitioner.
(3)The Secretary of State may give directions imposing a limit on the number of patients to be accepted by a medical practitioner who performs personal medical services in accordance with section 28C arrangements.
(4)Any such directions may make different provision for different cases or descriptions of case.
(5)Regulations under this section may also provide that the right to choose a medical practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.
(6)In this section “primary medical services” means medical services which are—
(a)provided, in accordance with section 28C arrangements, as personal medical services; or
(b)provided under Part II as general medical services.”
(2)In the 1978 Act, after section 17E, insert—
“17F Right to choose medical practitioner.
(1)Provision shall be made in regulations for conferring a right on any person to choose the medical practitioner from whom he is to receive primary medical services, subject to—
(a)the consent of the practitioner concerned; and
(b)any limit on the number of patients to be accepted by any practitioner.
(2)In particular, the regulations—
(a)shall prescribe the procedure for choosing a practitioner;
(b)may prescribe a limit on the number of patients to be accepted by a medical practitioner who undertakes to provide general medical services under Part II; and
(c)shall provide for the distribution among medical practitioners of persons who have indicated a wish to obtain primary medical services but—
(i)have been refused by the medical practitioner of their choice; or
(ii)have not chosen a medical practitioner.
(3)The Secretary of State may give directions imposing a limit on the number of patients to be accepted by a medical practitioner who performs personal medical services in accordance with section 17C arrangements.
(4)Any such directions may make different provision for different cases or descriptions of case.
(5)Regulations under this section may also provide that the right to choose a medical practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.
(6)In this section “primary medical services” means medical services which are—
(a)provided, in accordance with section 17C arrangements, as personal medical services; or
(b)provided under Part II as general medical services.”
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