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

Statutory Instruments

2002 No. 848

NATIONAL HEALTH SERVICE, ENGLAND

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

Made

26th March 2002

Laid before Parliament

28th March 2002

Coming into force

1st April 2002

The Secretary of State, in exercise of the powers conferred upon him by section 43D of the National Health Service Act 1977(1), and all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Health Service (General Medical Services Supplementary List) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.

(2) These Regulations extend to England only.

Amendment of regulation 6(2)

2.  In regulation 6(2) of the National Health Service (General Medical Services Supplementary List) Regulations 2001(2) (grounds for refusal), for sub-paragraph (d) substitute—

“(d) if it is not satisfied that he is suitably experienced within the meaning of section 31 unless he has an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994(3);”.

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

26th March 2002

Explanatory Note

(This note is not part of the Order)

These Regulations amend the National Health Service (General Medical Services Supplementary List) Regulations 2001 (“the principal Regulations”).

Regulation 2 amends regulation 6(2)(d) of the principal Regulations. In place of regulation 6(2)(d), regulation 2 substitutes a provision whereby a Health Authority must refuse to include a doctor in its supplementary list if it is not satisfied that the doctor is suitably experienced within the meaning of section 31 of the National Health Service Act 1977 unless he has an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994.

(1)

1977 c. 49 (“the 1977 Act”); see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. Section 43D was inserted by the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 24. As regards Wales, the functions of the Secretary of State under section 43D of the 1977 Act are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; section 68 of the 2001 Act provides that Schedule 1 shall be construed so as to include the amendments made by that Act to the 1977 Act, which is section 43D; these Regulations therefore extend only to England.

(2)

S.I. 2001/3740.

(3)

S.I. 1994/3130. Regulation 5 was amended by S.I. 1998/669.