The National Health Service (General Medical Services) (Scotland) Regulations 1995

Absences, deputies, assistants and partners

19.—(1) Before entering into regular or standing arrangements with a deputising service for the provision of a deputy or deputies, a doctor shall—

(a) obtain the written agreement of the deputising service that any doctor provided to him by the deputising service will be suitably experienced within the meaning of section 21 of the Act (other than by virtue of being a restricted services principal) or will have the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994(1); and

(b) obtain the consent of the Board.

(2) The Board shall refuse its consent if the doctor has not obtained the written agreement of the deputising service as referred to in sub-paragraph (1)(a).

(3) In giving such consent the Board shall impose the condition that the agreement referred to in sub-paragraph (1)(a) remain in force, and may impose such other conditions, including conditions in relation to the standards and the facilities provided by the deputising service, having regard to the advice of the Area Medical Committee on these standards and facilities, as it considers necessary or expedient to ensure—

(a) that the doctor’s patients will receive all proper and necessary treatment, and

(b) that the arrangements with the deputising service will have due regard to the provisions of these terms of service.

(4) References below in this paragraph to refusing consent and to conditions do not include refusing consent under sub-paragraph (2) or the condition set out in sub-paragraph (3).

(5) Before refusing or withdrawing such consent or imposing or varying such conditions, the Board shall consult the Area Medical Committee.

(6) The Board may at any time, and shall periodically, review in consultation with the Area Medical Committee any such consent given or conditions imposed and may withdraw such consent or vary such conditions.

(7) Where the Board decides to withdraw consent given to a doctor under this paragraph, it shall so far as is reasonably practicable, give the doctor not less than 30 days' notice of the date on which the Board’s decision is to come into effect; but the Board may dispense with such notice if it is satisfied that it is in the interests of patients to do so.

(8) A doctor may appeal to the Secretary of State against the refusal of consent or the imposition of a condition or against withdrawal of consent or variation of conditions under this paragraph by sending to him notice of appeal within 30 days from the date on which the Board notifies the doctor of its decision.

(9) In determining an appeal under this paragraph the Secretary of State may substitute for the Board’s decision such decision and conditions as he thinks fit.

(1)

S.I. 1994/3130.