National Health Service (Primary Care) Act 1997

[F1 [F2 5 Approval of pilot schemes. E+W+S

(1) If proposals for a pilot scheme are submitted to the Secretary of State under section 4, he must—

(a) approve them as submitted;

(b) make such modifications as he considers appropriate and approve them as modified; or

(c) reject them.

(2) The Secretary of State may not approve proposals for a pilot scheme unless he is satisfied that they include satisfactory provision for any participant other than the authority to withdraw from the scheme if he wishes to do so.

(3) Subsection (4) applies if—

(a) the Secretary of State intends to approve proposals for a pilot scheme; and

(b) it appears to him that the effect of implementing the proposals would be to increase or reduce the number of general practitioners in the area of the authority concerned.

(4) [F3 The Secretary of State must have regard to the effect that the proposals, as he intends to approve them, are likely to have on—

(a) the distribution of general practitioners in England, in the case of proposals submitted by an authority in England;

(b) the distribution of general practitioners in Scotland, in the case of proposals submitted by an authority in Scotland;

(c) the distribution of general practitioners in Wales, in the case of proposals submitted by an authority in Wales.]

[F4 (5) [F5 In carrying out his functions under subsection (4) in relation to the distribution of general practitioners in Scotland, the Secretary of State must consult the Scottish Medical Practices Committee.]]

(6) The Secretary of State must notify the authority concerned, in writing, of any decision made under this section.

(7) [F6 In this section “general practitioner” means any medical practitioner who is providing general medical services or performing personal medical services.]]]

Textual Amendments

F1 Pt. I ceases to have effect for specified purposes (S.) (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 3, 9(1); S.S.I. 2004/58, art. 2(3)

F2 Pt. I repealed (E.W.) (1.4.2004 for specified purposes, 1.4.2006 in so far as not already in force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 178, 199(1)(4), Sch. 14 Pt. 4 Note (with S.I. 2004/865, arts. 1(1), 58); S.I. 2004/288, arts. 4(3)(b), 6(2)(p) (with art. 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(p) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345), S.I. 2005/2925, arts. 6(2)(b), 11, S.I. 2006/345, art. 4(2)(b)

F3 S. 5(4) repealed (S.) (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), sch. para. 2(4); S.S.I. 2004/58, art. 2(3)

F4 S. 5(5) substituted (1.4.2002 for E. and 1.7.2002 for W. and otherwiseprosp.) by 2001 c. 15, ss. 67, 70(2), Sch. 5 Pt. I para. 11(3) (with ss. 64(9), 65(4)); S.I. 2002/1095 art. 2(3) (with transistional provisions in art. 3), Sch.; S.I. 2002/1475, art. 2 Sch. Pt. 1

F5 S. 5(5) repealed (S.) (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), sch. 4 para. 14(a); S.S.I. 2004/148, art. 2(c)

F6 S. 5(7) repealed (S.) (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), sch. para. 2(4); S.S.I. 2004/58, art. 2(3)

Commencement Information

I1 S. 5 wholly in force at 1.4.1998; s. 5 not in force at Royal Assent see s. 41; s. 5 in force for certain purposes at 28.11.1997 by S.I. 1997/2620, art. 2(2)(b); s. 5 in force at 1.4.1998 in so far as not already in force by S.I. 1998/631, art. 2(a), Sch. 1