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The National Health Service (General Medical Services) (Amendment) (Wales) (No. 2) Regulations 2002

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Amendment of regulation 6

3.  In regulation 6 (amendment or withdrawal from the medical list), for paragraph (6) substitute—

(6) Where a Health Authority is investigating a doctor—

(a)for the purpose of deciding whether or not to exercise its powers under section 49F, 49G or 49I of the Act;

(b)in order to see whether the doctor has failed to comply with a condition imposed on the doctor’s inclusion under regulation 18M so as to justify the removal of the doctor from the list; or

(c)who has been suspended under section 49I(1)(a) of the Act,

the doctor may not withdraw from any list kept by any Health Authority in which the doctor is included, except where the National Assembly for Wales has given its consent, until the matter has been finally determined by the Health Authority;

(b)where a Health Authority has decided to remove a doctor from a list under section 49F or 49G, or contingently remove under section 49G, or remove the doctor for a breach of a condition imposed on inclusion under regulation 18M, but has not yet given effect to its decision, the doctor may not withdraw from any list kept by any Health Authority in which the doctor is included, except where the National Assembly for Wales has given its consent; and

(c)where a Health Authority has suspended a doctor under section 49I(1)(b), the doctor may not withdraw from any list kept by any Health Authority in which the doctor is included, except where the National Assembly for Wales has given its consent, until the decision of the relevant court or body is known and the matter has been considered and finally determined by the Health Authority..

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