The National Health Service (General Medical Services) Regulations 1992

Selection of applicants by FHSA

13.—(1) An application under regulation 5(2) in respect of a vacancy shall be an application to which the provisions of section 33(2A)(1) of the Act shall apply, and shall be dealt with by the FHSA in accordance with the following provisions of this regulation.

(2) Where the FHSA receives more than one such application in connection with any vacancy, it shall select the applicant whose application it wishes to be considered by the Medical Practices Committee.

(3) Before making its selection for the purposes of paragraph (2), the FHSA may give to any applicant for the vacancy an opportunity of making—

(a) representations to it in writing; and

(b) where the FHSA sees fit, representations to it in person.

(4) When the FHSA has selected an applicant, it shall—

(a) notify each applicant in writing whether or not he has been selected;

(b) inform any applicant who has not been selected of his right of appeal to the Secretary of State on a point of law under section 33(2A)(c) of the Act; and

(c) subject to paragraph (5), send the application of the selected applicant to the Medical Practices Committee, indicating in writing that it wishes that application to be considered by that Committee.

(5) An application shall not be sent to the Medical Practices Committee under paragraph (4)(c) until—

(a) the time has expired for bringing an appeal under section 33(2A)(c) of the Act in connection with the non-selection of any applicant for the vacancy to which the application relates; or

(b) where such an appeal is made—

(i) the appeal has been determined adversely to the appellant, or

(ii) where the appeal is successful, the FHSA has reconsidered the application in respect of which the appeal is made,

whichever is the latest.

(6) Where the FHSA receives only one application in connection with any vacancy it shall—

(a) send the application to the Medical Practices Committee indicating in writing that it is the only application for that vacancy; and

(b) notify the applicant in writing that it has done so.

(1)

Subsection (2A) was inserted into section 33 of the Act by section 23(2) of the National Health Service and Community Care Act 1990 (c. 19).