The National Health Service (General Medical Services) Amendment Regulations 2002

Amendment of Part III of the principal Regulations

22.  For regulation 18J (cross-border vacancies) substitute—

“Cross-border vacancies

18J.— (1) This regulation applies where—

(a) a Health Authority is considering under regulation 12(1) or (2) whether there is, or will be, a vacancy; and

(b) a doctor’s prospective patients are situated in the area of one or more Health Authorities in England and of one or more Health Boards in Scotland.

(2) A Health Authority may elect to consider separately whether there is a vacancy in respect of prospective patients residing in their area.

(3) Where two or more Health Authorities agree to deal jointly with prospective patients residing in their areas, the Health Authority in whose area reside the largest number of the prospective patients of the additional doctor shall decide whether there is a vacancy and deal with it in accordance with the provisions contained in this Part of these Regulations.

(4) However, if one or more Health Authorities and one or more Health Boards agree to deal jointly with prospective patients residing in their areas, and the largest number of those prospective patients reside in the area of one of the Health Authorities, it shall be that Health Authority which shall decide whether there is a vacancy and deal with it in accordance with the provisions contained in this Part of these Regulations.

(5) Any Health Authority in whose area will reside any patient who is expected to be on the doctor’s list of patients (other than the Health Authority which is responsible for making the decision as to whether there is a vacancy) shall provide whatever information the Health Authority making the decision requires.

(6) Before—

(a) declaring a vacancy under regulation 13(1)(a);

(b) imposing conditions on a doctor under regulation 13(1)(b);

(c) making a decision as to whether an additional doctor should be a member of a partnership or a sole practitioner pursuant to regulation 17(4);

(d) setting or agreeing criteria pursuant to regulation 18D(5);

(e) nominating or approving an additional or replacement doctor pursuant to regulation 18A, 18B or 18C,

the Health Authority must consult the Local Medical Committee and any other Health Authority or Health Board in whose area reside individuals who are, or are expected to be, on the doctor’s list of patients.

(7) Where, under any provision of Regulations made under section 19B(3)(c) of the National Health Service (Scotland) Act 1978(1) corresponding to this regulation, a Health Board has nominated or approved an additional doctor in respect of prospective patients some of whom live in the area of a Health Authority, that Health Authority shall enter the name of the additional doctor in their medical list, subject to the following being met—

(a) any requirement as to consultation in the same terms as paragraph (6); and

(b) the criteria set out in regulation 18E(1).”

(1)

1978 c. 29.