The National Health Service (Fund-holding Practices) Amendment (No. 2) Regulations 1997

Outstanding applications

7.—(1) Where, by 31st July 1997, the Secretary of State has neither granted nor refused recognition in respect of any outstanding application for recognition as a standard fund-holding practice or as a community fund-holding practice, that application is (unless the members of the practice notify the Secretary of State to the countrary before 1st April 1998, and subject to paragraphs (2) to (4)) to be treated as an application for recognition to take effect from 1st April 1999.

(2) The members of the practice shall give notice to the Secretary of State by 31st July 1998 of any material change to the particulars of their application which has taken place by that date (including in particular any change in the membership of the practice), and the notice shall be signed by each member of the practice.

(3) Where the members of the practice give notice to the Secretary of State under paragraph (2), the Secretary of State may require the Health Authority to provide him with the notice specified in regulation 3(6) of the principal Regulations, revised to take account of the change to the application; and if he requires such a notice, regulation 3(7), (8) and (9) of the principal Regulations apply in relation to the revised notice as they apply to the original notice.

(4) Where, on 31st July 1998, at least one of the members of a practice is also on the medical list of a Health Board, and more patients on the lists of members of the practice reside in Scotland than in England, the application shall lapse.

(5) In this regulation, “practice”and “members of the practice” shall be construed in accordance with regulation 1(2) of the principal Regulations.