The National Health Service (General Medical Services) Regulations 1992

Removal from the medical list

7.—(1) Where an FHSA determines that a doctor whose name has been included in its medical list—

(a) has died;

(b) is no longer a doctor; or

(c) is the subject of a direction given by the Professional Conduct Committee under section 36 of the Medical Act 1983(1) (erasure of name from the register or suspension of registration) or of an order made by that Committee under section 38(1) of that Act (immediate suspension),

it shall remove his name from the medical list with effect from the date of its determination or, where sub-paragraph (c) applies, the date on which the direction or order takes effect, if that date is later than the date of the FHSA’s determination.

(2) Where an FHSA determines, in accordance with paragraphs (3) and (4), that a doctor whose name has been included in the medical list for the preceding six months has not during that period provided any general medical services personally, the FHSA may remove his name from the medical list.

(3) In calculating the period of six months referred to in paragraph (2) the FHSA shall disregard—

(a) any period during which the doctor provided no general medical services by reason only that his registration as a medical practitioner was suspended as mentioned in section 29(8) of the Act(2) (suspension by direction or order of the Health Committee or by interim order of the Preliminary Proceedings Committee); and

(b) any period during which the doctor was performing relevant service.

(4) Before making any determination under paragraph (2) the FHSA shall—

(a) give the doctor 28 days' notice of its intention;

(b) afford the doctor an opportunity of making representations to the FHSA in writing or (if he so wishes) in person; and

(c) consult the Local Medical Committee.

(5) Where under paragraph (2) the FHSA determines to remove a doctor’s name from its medical list it shall give notice in writing of its determination to the doctor together with the reasons for it and inform him of his right of appeal under paragraph (6).

(6) A doctor to whom a notice has been given under paragraph (5) may, within 21 days of receipt of the notice, appeal to the Secretary of State against the decision of the FHSA, and the FHSA shall not remove the doctor from the medical list until—

(a) if no appeal is made, the expiration of the period of 21 days; or

(b) if an appeal is made, the appeal is determined.

(7) An appeal under paragraph (6) shall be made in writing and shall set out the grounds of appeal.

(8) On any appeal pursuant to paragraph (6), the Secretary of State may hold an oral hearing of the appeal and in such a case shall—

(a) appoint one or more persons to hear the appeal who shall report to him on the appeal; and

(b) not less than 14 days before the date fixed for the hearing, give notice in writing to the appellant and to the FHSA.

(9) Where the Secretary of State holds an oral hearing of an appeal pursuant to paragraph (8), the appellant and the FHSA may be represented by counsel, solicitor or any other person.

(10) Where the Secretary of State allows the appeal, he shall direct the FHSA not to remove the doctor’s name from the medical list.

(11) The FHSA shall remove from the medical list the name of any doctor who has attained the age of 70 years, with effect from the date on which he attained that age.

(12) The FHSA shall give to any doctor whose name is to be removed from the medical list in accordance with paragraph (11)—

(a) notice in writing to that effect not less than 12 months nor more than 13 months before the date on which his name is to be removed; and

(b) a further such notice not less than 3 months nor more than 4 months before that date,

but the failure to give notice to any doctor as required by sub-paragraph (a) or (b) shall not prevent the removal of that doctor’s name from the medical list in accordance with paragraph (11).

(1)

1983 c. 54.

(2)

Section 29(8) was amended by paragraph 2(2) of Schedule 6 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).