The National Health Service (General Medical Services) (Scotland) Regulations 1995

Minor surgery list

32.—(1) The Board shall maintain a list, in these Regulations referred to as “the minor surgery list”, of the names of those doctors who have satisfied the Board or, on appeal, the Secretary of State in accordance with the following provisions of this regulation, that they have such experience, training and qualifications as are necessary to enable them properly to provide all of the procedures listed in Schedule 4.

(2) A doctor may apply, in accordance with paragraph (3), to a Board for inclusion of his name in the minor surgery list required to be maintained by that Board.

(3) An application under paragraph (2) shall be in writing, signed by the applicant and shall include the information specified in Part V of Schedule 2.

(4) A doctor whose name is included in the minor surgery list of any Board and who applies to have his name included in the corresponding list of another Board shall provide the information specified in paragraph (3) together with the name of the Board in whose such list his name is included and the date from which it was so included.

(5) The provisions of paragraphs (6) to (11) of this regulation shall not apply to any application by a doctor referred to in paragraph (4), and such application shall be granted by the Board and within 30 days after receiving the application the Board shall give written notice to the doctor to that effect.

(6) Unless the applicant otherwise agrees, the Board shall decide any application made in accordance with paragraph (3) by either granting or refusing it not later than the expiry of the period of 60 days after receiving it.

(7) The Board may, if it thinks fit, hold an oral hearing of any application and, if minded to refuse an application, shall not do so without first giving the doctor the opportunity of an oral hearing.

(8) The Board before deciding upon an application under this regulation shall have regard in particular for the purpose of assessing the doctor’s medical experience to any—

(a) postgraduate qualification held by him;

(b) training undertaken by him;

(c) medical experience gained by him,

during the period of five years immediately preceding the date of the application which is relevant to the provision of minor surgery services, and in the case of any application shall seek and take into account the advice of any medical practitioners, including the Area Medical Committee, as it considers necessary to enable it to decide upon the application.

(9) Within 30 days of reaching its decision, the Board shall give written notice thereof to the applicant and shall—

(a) where it refuses the application give written notice of the reasons for the decision and of the right of appeal of the applicant under paragraph (10); or

(b) where it grants the application, include the applicant’s name in the minor surgery list.

(10) Where an application is refused the applicant may appeal in writing to the Secretary of State within 30 days of receiving written notice of the Board’s decision.

(11) Where the applicant appeals under paragraph (10), the Secretary of State—

(a) may, if he thinks fit, hold an oral hearing of the appeal;

(b) in deciding upon the appeal, shall either confirm or reverse the decision of the Board;

(c) where he reverses the decision of the Board, shall direct that the Board include the doctor’s name in its minor surgery list.

(12) Subject to paragraphs (13) to (17) the Board may remove a doctor’s name from the minor surgery list only in the following circumstances:—

(a) if it has been removed from the medical list of any Board under regulation 7 or 8; or

(b) if the Board is satisfied that the doctor has not provided minor surgery services during the immediately preceding 5 years; or

(c) if the Board is satisfied that the doctor has, in relation to any patient in respect of whom he has undertaken to provide minor surgery services failed in any material respect to comply with any of the requirements of regulation 33 and Schedule 4; or

(d) if the Board is satisfied that the doctor is no longer able to provide minor surgery services.

(13) Before reaching any decision in terms of sub-paragraphs (b), (c) or (d) of paragraph (12) the Board shall—

(a) give the doctor 30 days' notice in writing of its intention to do so, and

(b) afford the doctor an opportunity of making representations in writing or, if he so desires, orally to the Board.

(14) Where the Board reaches a decision in terms of any of sub-paragraphs (b), (c) or (d) of paragraph (12), it shall send to the doctor a notice which shall include a statement—

(a) to the effect that, subject to any appeal under paragraph (15), the doctor’s name will, after 30 days from the date of notice, be removed from the minor surgery list maintained by the Board;

(b) of the Board’s reasons for its decision; and

(c) of the doctor’s right of appeal under paragraph (15).

(15) A doctor who has received a notice sent in accordance with paragraph (14) may, within 21 days of receiving it, appeal to the Secretary of State against the decision of the Board, and pending the determination of the appeal the Board shall not remove his name from the minor surgery list.

(16) An appeal to the Secretary of State shall be made in writing and shall include a statement of the facts and contentions on which the doctor intends to rely; and, if he allows the appeal, the Secretary of State shall direct that the Board does not remove the doctor’s name from the minor surgery list.

(17) The Board shall comply with any direction given under this regulation.