2000 No. 220
NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (General Medical Services) Amendment Regulations 2000

Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred upon him by sections 29, 29B and 126(4) of the National Health Service Act 19771 hereby makes the following Regulations:

Citation, commencement and interpretation

1.

(1)

These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 2000 and shall come into force on 4th February 2000.

(2)

In these Regulations “the principal Regulations” means the National Health Service (General Medical Services) Regulations 19922.

Amendment of regulation 7 of the principal Regulations

2.

In regulation 7 of the principal Regulations (removal from the medical list) omit “or” at the end of paragraph 1(b), and at the end of paragraph 1(c) insert–

“;

(d)

has been convicted in the United Kingdom of murder; or

(e)

has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of at least six months,”.

Amendment of regulation 18E of the principal Regulations

3.

After paragraph (1)(b) of regulation 18E3 (criteria for approval and nomination) insert–

“(bb)

if the Health Authority, having considered the declaration required by paragraph 6A of Part III of Schedule 3, consider he is unsuitable;”.

Amendment of Schedule 3 to the principal Regulations

4.

In paragraph 8 of Part I of Schedule 34 to the principal Regulations (information to be included in a report by a Health Authority when making a reference to the Medical Practices Committee) after “considers to be relevant” insert “, including details of the declaration made under paragraph 6A of Part III of this Schedule.”.

5.

After paragraph 6 of Part III of Schedule 3 to the principal Regulations (information and undertakings to be given by a practitioner in connection with an application for nomination or approval for a practice vacancy), there shall be inserted–

“6A.

Declaration as to whether–

(a)

he has been convicted of a criminal offence, bound over or cautioned in the UK or elsewhere, or is currently the subject of any proceedings which might lead to such a conviction, order to bind over or caution;

(b)

he has been, or is currently, subject to any action by his professional body or by any licensing or regulatory body in the UK or elsewhere,

and if so, give details, including approximate dates, of where the action or proceedings were or are to be brought, the nature of that action or proceedings, and any outcome.”.

Signed by authority of the Secretary of State

John Denham
Minister of State,
Department of Health
(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 (“the principal Regulations”), which regulate the terms on which doctors provide general medical services under the National Health Service Act 1977 (“the 1977 Act”).

Regulation 2 requires a Health Authority to remove the name of any doctor convicted of murder or convicted of a criminal offence and sentenced to at least six months' imprisonment from its medical list.

The Regulations also impose a requirement on a doctor applying to a Health Authority for nomination or approval for a practice vacancy to make a declaration as to whether he has been convicted of any criminal offence, been bound over or cautioned, or is the subject at present of criminal proceedings, and whether he is or has been the subject of any disciplinary proceedings by his professional body or regulatory body, whether in the UK or elsewhere (regulation 5). Regulation 3 provides that the Health Authority shall not approve a doctor if they consider him unsuitable having considered the declaration. Regulation 4 provides that the details of this declaration must be included in the information provided by the Health Authority when making a reference to the Medical Practices Committee.