The National Health Service (General Medical Services) (Amendment) (Wales) Regulations 2002

“Consideration of vacancies by Health Authorities

12.—(1) A Health Authority may consider at any time whether there is, or will be a vacancy for a doctor to provide general medical services in their area.

(2) A Health Authority must consider whether there is, or will be a vacancy for a doctor in their area if—

(a) it has been asked to do so by a doctor who provides general medical services in their area , or

(b) a doctor has died, or has withdrawn from, or been removed from the Health Authority’s medical list.

(3) Where paragraph (2) applies and where a doctor’s prospective patients are situated in the area of more than one Health Authority, any of those Health Authorities may—

(a) elect to consider separately whether there is a vacancy in respect of the prospective patients residing in their area, or

(b) agree to deal jointly with one or more other Health Authorities with prospective patients residing in their areas.

(4) In a case falling within paragraph (3)(b), the Health Authority in whose area reside the largest number of the prospective patients shall decide whether to declare a vacancy, and, if it does so, it shall proceed in accordance with regulation 13 .

(5) If a Health Authority is considering whether or not there is, or will be a vacancy, the Health Authority shall before reaching a decision—

(a) consider the matters set out in Part I of Schedule 3;

(b) obtain from any other Health Authority in whose area prospective patients reside, such information as it thinks necessary.

(6) In reaching their decision a Health Authority shall, in particular, take account of—

(a) the needs of persons in their area for personal medical services;

(b) any relevant financial considerations;

(c) the effect of creating a vacancy on any other Health Authority in whose area prospective patients reside;

(d) any services outside general medical services and personal medical services already provided by doctors in the area.