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

“Consideration of vacancies by Health Authorities

22.—(1) For regulation 18J (cross-border vacancies) substitute—

“Cross-border vacancies

18J.— (1) This regulation applies where—

(a) a Health Authority is considering under regulation 12(1) or (2) whether there is, or will be, a vacancy; and

(b) a doctor’s prospective patients are situated in the area of one or more Health Authorities in Wales and of one or more Health Authorities in England.

(2) A Health Authority may elect to consider separately whether there is a vacancy in respect of prospective patients residing in their area.

(3) Where two or more have agreed to deal jointly with prospective patients residing in their areas, the Health Authority in whose area reside the largest number of the prospective patients of the additional doctor shall decide whether there is a vacancy and deal with it in accordance with the provisions contained in this Part of these Regulations.

(4) Any Health Authority in whose area will reside any patient who is expected to be on the doctor’s list of patients (other than the Health Authority which is responsible for making the decision as to whether there is a vacancy) shall provide whatever information the Health Authority making the decision requires.

(5) Before—

(a) declaring a vacancy under regulation 13(1)(a);

(b) imposing conditions on a doctor under regulation 13(1)(b);

(c) making a decision as to whether an additional doctor should be a member of a partnership or a sole practitioner pursuant to regulation 17(4);

(d) setting or agreeing criteria pursuant to regulation 18D(5);

(e) nominating or approving an additional or replacement doctor pursuant to regulation18A, 18B or 18C,

the Health Authority must consult the Local Medical Committee and any other Health Authority in whose area reside individuals who are, or are expected to be, on the doctor’s list of patients.”.