The National Health Service (General Medical Services) Amendment (No. 2) Regulations 1998

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 1998 and shall come into force on 10th December 1998.

(2) In these Regulations, “the principal Regulations” means the National Health Service (General Medical Services) Regulations 1992(1).

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2(1) of the principal Regulations (interpretation)—

(a) in the definition of “full-time doctor”, for “15(1)(a)” substitute “13(2)(a)”;

(b) in the definition of “half-time doctor”, for “15(1)(c)” substitute “13(2)(c)”;

(c) in the definition of “job-sharing doctor”, for “15(1)(d)” substitute “13(2)(d)”;

(d) in the definition of “locality”, at the end, insert—

• “but in relation to Part III of, and Schedule 3 to, these Regulations, shall be construed in accordance with regulation 11(7)”;

(e) in the definition of “restricted doctor”, for “15(1)(e)” substitute “13(2)(e)”;

(f) in the definition of “three-quarter-time doctor”, for “15(1)(b)” substitute “13(2)(b)”; and

(g) in the appropriate alphabetical position, insert—

““a replacement doctor” means a replacement full-time doctor nominated by the remaining members of a partnership in accordance with the provisions of regulations 18H and 18I;”.

Amendment of regulation 4 of the principal Regulations

3.  Regulation 4 of the principal Regulations (medical list) is amended as follows—

(a) in paragraph (1)(a), for “30” substitute “29A”;

(b) in paragraph (3), for “15” substitute “13(1)(b)”; and

(c) in paragraph (5)(f), omit the words “or, on appeal, by the Secretary of State”.

Amendment of regulation 6 of the principal Regulations

4.  In regulation 6 of the principal Regulations (amendment of or withdrawal from the medical list), for paragraph (5) substitute—

“(5) Where a Health Authority applies to the Medical Practices Committee for the variation of any condition imposed or treated as imposed pursuant to regulation 13(1)(b)(2), and the Medical Practices Committee grants such variation, the Health Authority shall amend the medical list by transferring the name of that doctor to that part of the list which, having regard to the nature of the condition as varied, is appropriate in his case by virtue of regulation 4(2).”.

General practitioner practice vacancies

5.—(1) For Part III of the principal Regulations, substitute the new Part III set out in Schedule 1 to these Regulations.

(2) In consequence of paragraph (1), regulation 5 of the principal Regulations (application for inclusion in the medical list or to succeed to a vacancy) is omitted.

(3) As a further consequence of paragraph (1), after regulation 39 of the principal Regulations insert the following regulation—

“Certificate that transaction does not involve sale of goodwill

40.   A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the Act shall be in the form set out in Schedule 7.”.

Amendment of regulation 25 of the principal Regulations

6.  Regulation 25 of the principal Regulations (temporary provision of services) is amended as follows—

(a) in paragraph (16), sub-paragraph (b), and the word “and” at the end of sub-paragraph (a), are omitted; and

(b) after paragraph (16) add—

“(17) No doctor shall be appointed under this regulation unless he is able to satisfy the Health Authority that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general medical services in the Authority’s area.”.

Amendment of Schedule 2 to the principal Regulations

7.  In Schedule 2 to the principal Regulations (terms of service for doctors), in paragraph 32 (which restricts the carrying on of a medical practice at premises previously used by a different doctor), for sub-paragraph (2) substitute—

“(2) In this paragraph “successor” means the doctor approved or nominated by a Health Authority in accordance with regulation 18A, 18B, 18C or 18I, and “the date on which the successor was appointed” means the date on which the successor is notified of such nomination or approval, or where an appeal lies to the Secretary of State under regulation 18G—

(a) the date on which the successor is notified that no appeal has been made to the Secretary of State; or

(b) in the event of an appeal, the date on which the successor is notified of the Secretary of State’s decision to dismiss the appeal.”.

Amendment of Schedule 3 to the principal Regulations

8.  In Schedule 3 to the principal Regulations, for Parts I, II, IIIA, IIIB, IIIC, IIID, IV, V and VI, substitute Parts I, II and III as set out in Schedule 2 to these Regulations.

Existing circumstances

9.—(1) The amendments made by these regulations do not affect any application for inclusion in a medical list or to succeed to a practice vacancy made before 10th December 1998, and accordingly such an application, any appeal to the Secretary of State arising out of such an application, and any reconsideration of such an application in the event of such an appeal being successful, shall be dealt with as if the amendments made by these Regulations had not come into force.

(2) Nothing in these Regulations requires any alteration in the entry relating to a medical practitioner in a Health Authority medical list as it was immediately before these Regulations came into force.

Signed by authority of the Secretary of State for Health

Alan Milburn

Minister of State,

Department of Health

18th November 1998