Legalize / United Kingdom / Statutory-Instrument

The National Health Service (General Medical Services) Regulations 1992

Type Statutory-Instrument

Publication 1992-03-10

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(a) the patient’s health would not thereby be jeopardised; and

(b) the patient is offered an appointment to attend again within a time which is reasonable having regard to all the circumstances.

(3) A doctor shall take reasonable steps to ensure that no refusal is made pursuant to sub-paragraph (2) without his knowledge.

Absences, deputies, assistants and partners

18

(1) Subject to sub-paragraph (2), a doctor is responsible for ensuring the provision for his patients of the services referred to in paragraph 12 throughout each day during which his name is included in the FHSA’s medical list.

(2) A doctor who was, prior to 1st April 1990, relieved by the FHSA of such responsibility in respect of his patients during times approved by the FHSA may continue to enjoy such relief for so long as his name is included in the medical list.

19

(1) Subject to the following provisions of this paragraph, a doctor shall give treatment personally.

(2) Subject to sub-paragraphs (3), (5) and (6), a doctor (in this sub-paragraph referred to as “the patient’s doctor”) shall be under no obligation to give treatment personally to a patient provided that reasonable steps are taken to ensure the continuity of the patient’s treatment, and in those circumstances treatment may be given—

(a) by another doctor acting as a deputy, whether or not he is a partner or assistant of the patient’s doctor; or

(b) in the case of treatment which it is clinically reasonable in the circumstances to delegate to someone other than a doctor, by a person whom the doctor has authorised and who he is satisfied is competent to carry out such treatment.

(3) Subject to sub-paragraph (4), in the case of maternity medical services a doctor on the obstetric list shall not arrange for the provision of such services by another doctor unless that doctor is a doctor on the obstetric list or satisfies one or more of the criteria set out in Part 1 of Schedule 5.

(4) Sub-paragraph (3) shall not apply where there has been a summons to an obstetric emergency.

(5) In the case of child health surveillance services, a doctor who has, pursuant to regulation 28, undertaken to provide such services shall not arrange for the provision of such services by—

(a) another doctor unless that doctor is included in a child health surveillance list; or

(b) any other person without the consent of the FHSA.

(6) In the case of minor surgery services, a doctor who has, pursuant to regulation 33, undertaken to provide such services shall not arrange for the provision of such services by—

(a) another doctor unless that doctor is included in a minor surgery list; or

(b) any other person.

(7) In this paragraph “a summons to an obstetric emergency” means a summons to the doctor by a midwife or on behalf of the patient to attend when medical attention is required urgently by a woman or her baby during pregnancy, labour or the post-natal period, as defined in regulation 31(7).

20

(1) In relation to his obligations under these terms of service, a doctor is responsible for all acts and omissions of—

(a) any doctor acting as his deputy;

(b) any deputising service while acting on his behalf; and

except where the act or omission is one for which a deputy is responsible under sub-paragraph (2).

(2) Where a doctor whose name is included in the medical list is acting as deputy to another doctor whose name is also included in the list, the deputy is responsible for—

(a) his own acts and omissions in relation to the obligations under these terms of service of the doctor for whom he acts as deputy; and

(b) the acts and omissions of any person employed by him or acting on his behalf.

21

(1) A doctor shall inform the FHSA of any arrangements for the engagement of a deputy on a regular basis unless the deputy—

(a) is an assistant of the doctor, or is a doctor included in the medical list of an FHSA; and

(b) is to carry out the arrangements at the doctor’s practice premises.

(2) Where a doctor proposes to be absent from his practice for more than a week, he shall inform the FHSA of the name of any doctor responsible for his practice during his absence.

22

(1) Before entering into arrangements with a deputising service for the provision of any deputy, a doctor shall obtain the consent of the FHSA.

(2) In giving its consent, the FHSA may impose such conditions as it considers necessary or expedient to ensure the adequacy of such arrangements.

(3) Before refusing its consent or imposing any such conditions, the FHSA shall consult the Local Medical Committee.

(4) The FHSA may at any time, and shall periodically, review in consultation with the Local Medical Committee any such consent given or conditions imposed in relation to any doctor under this paragraph, and may withdraw such consent or vary such conditions.

(5) A doctor may appeal to the Secretary of State against refusal of consent or the imposition of a condition under this paragraph or against withdrawal of consent or variation of conditions under this paragraph.

(6) An appeal under sub-paragraph (5) shall be made in writing within 30 days of the decision of the FHSA and shall set out the grounds of appeal.

(7) In determining an appeal under sub-paragraph (5) the Secretary of State may substitute for the FHSA’s decision such decision and conditions as he thinks fit.

23

A doctor shall take reasonable steps to satisfy himself that a doctor whom he proposes to employ as a deputy or assistant is not disqualified under section 46 of the Act[^f00029] from inclusion in the medical list of the FHSA and he shall not knowingly employ a doctor who is so disqualified.

24

(1) A doctor shall inform the FHSA of the name of any assistant he employs and of the termination of such employment, and shall not employ any one or more assistants for a total period of more than three months in any period of twelve months without the consent of the FHSA.

(2) The FHSA shall periodically review and may withdraw any consent given, but, before refusing or withdrawing consent, the FHSA shall consult the Local Medical Committee.

(3) The doctor may appeal to the Medical Practices Committee against any refusal or withdrawal of consent.

(4) Any withdrawal of consent under this paragraph shall not have effect until the expiration of a period of one month after the date of notification of the withdrawal, but if the doctor appeals to the Medical Practices Committee against the withdrawal, and the Medical Practices Committee dismisses the appeal, the withdrawal shall not take effect until after such date as that Committee determines being a date falling not less than one month after the date of such dismissal.

25

A doctor acting as a deputy for another doctor may treat patients at places and at times other than those approved pursuant to paragraph 29 in relation to the doctor for whom he is acting, but when determining the places and times at which he is to provide such treatment, the deputy shall have regard to the convenience of the patients.

26

When issuing any document under these terms of service a deputy or assistant (other than a partner or assistant whose name is included in the medical list) shall, as well as signing the document himself, enter on it the name of the doctor for whom he is acting, if it does not already appear.

Arrangements at practice premises

27

A doctor shall—

(a) provide proper and sufficient accommodation at his practice premises, having regard to the circumstances of his practice; and

(b) on receipt of a written request from the FHSA, allow inspection of those premises at a reasonable time by a member or officer of the FHSA or Local Medical Committee or both, authorised by the FHSA for the purpose.

Employees

28

(1) A doctor shall, before employing any person to assist him in the provision of general medical services, take reasonable care to satisfy himself that the person in question is both suitably qualified and competent to discharge the duties for which he is to be employed.

(2) When considering the competence and suitability of any person for the purpose of sub-paragraph (1), a doctor shall have regard, in particular, to—

(a) that person’s academic and vocational qualifications;

(b) that person’s training and his experience in employment; and

(3) A doctor shall afford to each employee reasonable opportunities to undertake appropriate training with a view to maintaining that employee’s competence.

Doctors' availability to patients

29

(1) Any doctor whose name is included in a medical list shall—

(a) normally be available at such times and places as shall have been approved by the FHSA or, on appeal, by the Secretary of State in his case, in accordance with the requirements of the following provisions of this paragraph, following an application by the doctor; and

(b) inform his patients about his availability in such manner as the FHSA may require in accordance with sub-paragraph (16).

(2) Subject to sub-paragraphs (3), (4), (5) and (6), the FHSA shall not approve any application submitted by a doctor in relation to the times at which he is to be available unless it is satisfied that—

(a) the times proposed are such that the doctor will normally be available—

(i) in 42 weeks in any period of 12 months,

(ii) for no less than the number of hours in any such week which are specified in the condition imposed or treated as imposed in relation to him under regulation 15, and

(iii) on 5 days in any such week;

(b) the hours for which the doctor will normally be available in any week are to be allocated between the days on which he will normally be available in that week in such a manner as is likely to be convenient to his patients;

(i) another doctor whose name is included in the medical list and who is himself a full-time doctor, or

(ii) two job-sharing doctors whose names are included in the medical list and whose hours are aggregated for the purpose of head (d) of this sub-paragraph;

(d) where the doctor is a job-sharing doctor—

(i) he is practising in partnership with another doctor whose name is included in the medical list, and

(ii) the hours for which both doctors will normally be available will in aggregate be not less than 26 hours in any week referred to in head (a)(i) of this sub-paragraph.

(3) On any application made pursuant to sub-paragraph (1) by a three-quarter-time doctor or a half-time doctor—

(a) head (a)(iii) of sub-paragraph (2) shall not apply; and

(b) any approval of the application shall be subject to the condition that the approval shall lapse after the expiry of a period of 6 months from that date on which that doctor ceases to satisfy head (c) of sub-paragraph (2).

(4) On any application made pursuant to sub-paragraph (1) by a job-sharing doctor—

(a) head (a)(iii) of sub-paragraph (2) shall apply so as to require either the job-sharing doctor or the other doctor referred to in sub-paragraph (2)(d) to be normally available on each of the days mentioned in that head; and

(b) any approval of the application shall be subject to the condition that the approval shall lapse after the expiry of a period of 6 months from the date on which the doctor ceases to satisfy sub-paragraph (2)(d).

(5) On any application made pursuant to sub-paragraph (1) by a doctor who is a restricted list principal or a restricted services principal, sub-paragraph (2)(a)(i) and (iii), (c) and (d) shall not apply.

(6) The FHSA may, in relation to the application of any full-time doctor who seeks normally to be available on only 4 days in any week referred to in sub-paragraph (2)(a)(i), excuse the doctor from the requirement of head (a)(iii) of that sub-paragraph and approve the application to the extent allowed by paragraph 30.

(7) In this paragraph and in paragraph 30, “available” means, in relation to a doctor, available to provide general medical services to his patients, and for the purposes of calculating the time at which a doctor is to be regarded as available—

(a) account may be taken of any period when the doctor is attending at his practice premises or at any clinic provided by him for his own patients, and of any time spent making a domiciliary visit; but

(b) no account shall be taken of time spent by the doctor holding himself in readiness to make a domiciliary visit if required by any patient;

and “availability” shall be construed accordingly.

(8) An application by a doctor in relation to any place at which he is to be available shall not be approved by the FHSA unless it is satisfied that—

(a) the place at which the doctor proposes to be available is likely to be convenient to his patients;

(b) the location of that place is in accordance with any condition imposed in his case pursuant to section 33(4)(b) or (5) of the Act (distribution of general medical services).

(9) An application for approval pursuant to sub-paragraph (1) shall be made in writing to the FHSA and shall—

(a) include the information specified in Part I of Schedule 8 to these Regulations; and

(b) where appropriate, also include—

(i) in the case of a doctor to whom sub-paragraph (5) applies, the additional information specified in Part II of that Schedule,

(ii) in the case of a doctor to whom sub-paragraph (6) applies, the additional information specified in Part III of that Schedule.

(10) The FHSA shall determine an application within 28 days of receiving it.

(11) In determining any application, the FHSA shall either—

(a) grant approval;

(b) grant approval subject to such conditions as the FHSA sees fit to impose for the purpose of securing that the doctor is available at such times and places as are convenient to his patients; or

(12) The FHSA shall notify the doctor in writing of its determination, and, where it refuses an application or grants an application subject to conditions, it shall send the doctor a statement in writing of the reasons for its determination and of the doctor’s right of appeal under sub-paragraph (13).

(13) A doctor may within 30 days of receiving a notification pursuant to sub-paragraph (12) appeal in writing to the Secretary of State against any refusal of approval or against any condition imposed pursuant to sub-paragraph (11).

(14) The Secretary of State may, when determining an appeal, either confirm the determination of the FHSA or substitute his own determination for that of the FHSA.

(15) The Secretary of State shall notify the doctor in writing of his determination and shall in every case include with the notification a written statement of the reasons for the determination.

(16) The FHSA may, as it considers appropriate, require a doctor to inform his patients, by displaying a notice at his practice premises or sending notices to them, about the times and places at which he is available.

(17) A doctor may apply to the FHSA for a variation of the times and places at which, in accordance with a determination under this paragraph (“the earlier determination”), he is required to be normally available, and sub-paragraphs (2) to (15) shall apply to the making and determination (“the subsequent determination”) of an application under this sub-paragraph as if it were the first application by that doctor for the purposes of this paragraph.

(18) Where an application made under sub-paragraph (17) is approved or is approved subject to conditions, for the purposes of sub-paragraphs (1) and (16) the earlier determination mentioned in sub-paragraph (17) shall cease to have effect and the subsequent determination mentioned in that sub-paragraph shall have effect instead—

(a) where the subsequent determination is made by the FHSA and no appeal is made, from the day falling 8 weeks after the date on which the doctor receives notification of that FHSA’s determination.

(b) where the subsequent determination is made on appeal, from the day falling 8 weeks after the date on which the doctor receives notification of the Secretary of State’s determination.

(19) Where it appears to the FHSA that a doctor’s hours of availability are allocated for the purposes of sub-paragraph (2)(b) in a manner which may no longer be convenient to his patients, it may, subject to sub-paragraph (26), review the terms of—

(a) any approval granted under sub-paragraph (11)(a) or (b); or

(b) any direction given under sub-paragraph (21)(a);

by the FHSA or the Secretary of State as to such allocation.

(20) On review under sub-paragraph (19) the FHSA shall—

(a) give notice to the doctor of its proposed re-allocation of his hours of availability; and

(b) allow him 30 days within which to make representations to the FHSA about its proposals.

(21) After considering any representations made in accordance with sub-paragraph (20)(b), the FHSA shall either—

(a) direct the doctor to revise the allocation of his hours of availability in the manner specified in the direction; or

(b) confirm that the existing allocation of the doctor’s hours of availability continues to be convenient to his patients.

(22) The FHSA shall notify the doctor in writing of its determination under sub-paragraph (21), and, where it gives a direction under head (a) of that sub-paragraph, it shall include with the notice a statement in writing of the reasons for its determination and of the doctor’s right of appeal under sub-paragraph (23).

(23) A doctor may, within 30 days of receiving notification under sub-paragraph (22), appeal in writing to the Secretary of State against a direction under sub-paragraph (21).

(24) Sub-paragraphs (14) and (15) shall apply to any appeal made under sub-paragraph (23).

(25) A doctor in respect of whom a direction is given under sub-paragraph (21) shall revise the allocation of his hours of availability so as to give effect to the direction—

(a) where the direction is given by the FHSA and no appeal is made, not later than 8 weeks after the date on which he receives notification under sub-paragraph (22); or

(b) where the direction is given or confirmed on appeal, not later than 8 weeks after the date on which he receives notification of the Secretary of State’s decision;

and the allocation of hours as so revised shall be regarded as having been approved for the purposes of sub-paragraphs (1) and (16).

(26) No FHSA shall undertake a review under sub-paragraph (19) on more than one occasion in any period of 2 years.

Doctors available for only 4 days a week

30

(1) Subject to sub-paragraph (3), where the FHSA is satisfied that, by reason of a doctor’s participation in health-related activities (other than the provision of general medical services to his patients), he would be likely to suffer an unreasonable degree of inconvenience if paragraph 29(2)(a)(iii) applied in his case, it may give its approval for the doctor normally to be available on only 4 days in any week referred to in sub-paragraph (2)(a) of that paragraph.

(2) For the purposes of sub-paragraph (1), “health-related activities” means activities connected with—

(a) the organisation of the medical profession or the training of its members;

(b) the provision of medical care or treatment;

(d) the administration of services under Part I of the Act or of arrangements pursuant to section 29 of the Act for the provision of general medical services,

and in determining whether any activity is a health-related activity, the FHSA shall have regard to the illustrative list in Part IV of Schedule 8.

(3) The FHSA shall not give its approval in accordance with sub-paragraph (1) if, in its opinion—

(a) the effectiveness of the doctor’s services to his patients is likely to be significantly reduced; or

(b) his patients are likely to suffer significant inconvenience,

by reason of the doctor having been relieved from the requirements of paragraph 29(2)(a)(iii).

31

A doctor who—

(a) intends to operate an appointments system;

(b) succeeds to a practice where such a system is in force; or

shall notify the FHSA of any appointments system which he proposes to operate or, as the case may be, of any proposal to discontinue such a system.

32

(1) A doctor shall not, without the consent of the FHSA or, on appeal, the Medical Practices Committee, carry on practice at any house, flat, surgery, branch surgery, or other similar premises (referred to in this paragraph as “the practice premises”) which have been previously occupied or used for the purpose of his practice by another doctor (referred to in this paragraph as “the former occupant”) whose practice has been declared vacant and to whose practice a successor has been, or is to be, appointed; but this provision shall not apply—

(a) where the former occupant or his executors or administrators has or have, in agreement with the FHSA, made an offer to the successor on his appointment to sell or let to him the practice premises upon terms to be approved by the Medical Practices Committee and upon terms that the offer cannot be withdrawn within one month from the date on which the successor was appointed, and the successor has failed or refused to accept the offer before the expiry thereof;

(b) where such an offer was made to the successor and accepted by him before its expiry and the approval of the Medical Practices Committee has been given to the terms of the proposed agreement;

(d) where the former occupant was a member of a partnership and the doctor concerned is another member of the partnership who acquires the practice premises in accordance with the terms of a partnership agreement which has been in operation for a period of 12 months before the date on which notice of the former occupant’s intended retirement was given to the FHSA concerned, or the date of the former occupant’s death; or

(e) where the doctor is using the practice premises in consequence of temporary arrangements for the carrying on of the practice made either under regulation 25 or by agreement between the former occupant or his executors or administrators and the successor pending the approval of the Medical Practices Committee to a proposed sale or lease of the practice premises to the successor.

(2) In this paragraph “successor” means the doctor appointed by the Medical Practices Committee to succeed to the practice in accordance with regulations 13, 14 and 17, and “the date on which the successor was appointed” means—

(a) the date on which the successor is informed that no appeal has been made to the Secretary of State;

(b) in the event of an appeal, the date on which the successor is notified of the Secretary of State’s decision to dismiss the appeal.

33

(1) Subject to sub-paragraph (2), a doctor shall not, without the consent of the FHSA, or, on appeal, the Medical Practices Committee, start to practise at any house, flat, surgery, branch surgery or other similar premises (referred to in this paragraph as “the practice premises”) within 1 year of their having ceased to be occupied or used for the purpose of his practice by another doctor (referred to in this paragraph as “the former occupant”) who was within one month of such cessation practising at group practice premises as a member of a group, or at accommodation made available by the Secretary of State, less than 3 miles away (in either case) from the practice premises.

(2) Sub-paragraph (1) shall not apply—

(a) where the former occupant gives written consent to another doctor to use the practice premises;

(b) after the former occupant has (or if there was more than one former occupant, all the former occupants have) ceased to practise as a member of a group at the group practice premises, or at accommodation made available by the Secretary of State; or

(3) In this paragraph “group practice premises” means premises where practice is wholly or mainly carried on by a group practice.

Practice area

34

(1) Subject to sub-paragraph (2), a doctor may at any time with the consent of the FHSA, or, on appeal, the Secretary of State, alter the extent of his practice area.

(2) A doctor shall not, contrary to any condition imposed by the Medical Practices Committee, or on appeal the Secretary of State, under section 33(4) or (5) of the Act, open practice premises in any locality or part of a locality where, at the time of his application to open such premises, the Medical Practices Committee is of the opinion that the number of medical practitioners undertaking to provide general medical services in that locality or part of that locality is already adequate.

Notification of change of place of residence

35

Where a doctor whose name is included in the medical list changes his place of residence he shall notify the FHSA in writing of the change not later than 28 days after such change.

Records

36

A doctor shall—

(a) keep adequate records of the illnesses and treatment of his patients on forms supplied to him for the purpose by the FHSA; and

(b) forward such records to the FHSA on request as soon as possible; and

within 14 days of being informed by the FHSA of the death of a person on his list and, in any other case of the death of such a person, not later than one month of learning of such a death, forward the records relating to that person to the FHSA.

Certification

37

(1) A doctor shall issue free of charge to a patient or his personal representatives any medical certificate of a description prescribed in column 1 of Schedule 9, which is reasonably required under or for the purposes of the enactments specified in relation to the certificate in column 2 of that Schedule, except where, for the condition to which the certificate relates, the patient—

(a) is being attended by another doctor (other than a partner, assistant or other deputy of the first named doctor); or

(b) is not being treated by, or under the supervision of, a doctor.

(2) The exception in sub-paragraph (1)(a) shall not apply where the certificate is issued pursuant to regulation 2(1) of the Social Security (Medical Evidence) Regulations 1976[^f00030] (which provides for the issue of a certificate in the form of a special statement by a doctor on the basis of a written report made by another doctor).

(3) Any certificate given under sub-paragraph (1) for the purposes of—

(a) the Social Security Act 1975[^f00031] shall be issued in accordance with any regulations made under that Act[^f00032];

(b) section 17(2) of the Social Security and Housing Benefits Act 1982[^f00033] shall be issued in accordance with any regulations made under that Act[^f00034]; or

(c) Part V of, and Schedule 4 to, the Social Security Act 1986[^f00035], shall be issued in accordance with any regulations made under that Act[^f00036].

Fees

38

A doctor shall not, otherwise than under or by virtue of the Regulations, demand or accept a fee or other remuneration for any treatment, including child health surveillance services, contraceptive services, maternity medical services and minor surgery services, whether under these terms of service or not, which he gives to a person for whose treatment he is responsible under paragraph 4, except—

(a) from any statutory body for services rendered for the purposes of that body’s statutory functions;

(b) from any body, employer or school for a routine medical examination of persons for whose welfare the body, employer or school is responsible, or an examination of such persons for the purpose of advising the body, employer or school of any administrative action they might take;

(i) pursuant to the provisions of section 65 of the Act, or

(ii) in a registered nursing home which is not providing services under the Act,

if, in either case, the doctor is serving on the staff of a hospital providing services under the Act as a specialist providing treatment of the kind the patient requires and if, within 7 days of giving the treatment, the doctor supplies the FHSA, on a form provided by it for the purpose, with such information about the treatment as it may require;

(d) under section 158 of the Road Traffic Act 1988[^f00037];

(e) from a dentist in respect of the provision at his request of an anaesthetic for a person for whom the dentist is providing general dental services;

(f) when he treats a patient under paragraph 4(3), in which case he shall be entitled to demand and accept a reasonable fee (recoverable in certain circumstances under paragraph 39) for any treatment given, if he gives the patient a receipt on a form supplied by the FHSA;

(g) for attending and examining (but not otherwise treating) a patient at his request at a police station in connection with proceedings which the police are minded to bring against him;

(h) for treatment consisting of an immunisation for which no remuneration is payable by the FHSA in pursuance of the Statement made under regulation 34 and which is requested in connection with travel abroad;

(i) for circumcising a patient for whom such an operation is requested on religious grounds and is not needed on any medical ground;

(j) for prescribing or providing drugs which a patient requires to have in his possession solely in anticipation of the onset of an ailment while he is outside the United Kingdom but for which he is not requiring treatment when the medicine is prescribed;

(k) for a medical examination to enable a decision to be made whether or not it is inadvisable on medical grounds for a person to wear a seat belt;

(l) where the person is not one to whom any of paragraphs (a), (b) or (c) of section 38(1) of the Act[^f00038] applies (including by reason of regulations under section 38(6) of that Act), for testing the sight of that person.

(m) where he is a doctor who is authorised or required by an FHSA under regulation 20 of the Pharmaceutical Regulations to provide drugs, medicines or appliances to a patient and provides for that patient, otherwise than under pharmaceutical services, any Scheduled drug.

39

(1) Where a person from whom a doctor received a fee under paragraph 38(f) applies to the FHSA for a refund within 14 days of payment of the fee (or such longer period not exceeding a month as the FHSA may allow if it is satisfied that the failure to apply within 14 days was reasonable) and the FHSA is satisfied that the person was on the doctor’s list when the treatment was given, the FHSA may recover the amount of the fee from the doctor, by deduction from his remuneration or otherwise, and shall pay that amount to the person who paid the fee.

(2) Where a doctor has supplied any drug or appliance in respect of which, in the case of a person on his list, he would have been entitled to payment, the FHSA shall credit him with the appropriate amount.

40

Subject to paragraph 38(f) and (j) a doctor shall not demand or accept a fee or other remuneration from a patient of his for any prescription for any drug or appliance.

41

A doctor shall not without reasonable excuse demand or accept from the FHSA any fee or other remuneration to which he is not entitled under the provisions of these Regulations, the Statement published under regulation 34 or the Drug Tariff.

42

A doctor shall take all practicable steps to ensure that any partner, deputy, or assistant of his, whether or not the partner, deputy or assistant is providing general medical services, shall not demand or accept any remuneration for treatment given to the doctor’s patients, or for any prescription for any supply of any drug or appliance for the doctor’s patients, unless the partner, deputy or assistant would have been entitled to charge if the patient had been on his own list.

Prescribing

43

(1) Subject to paragraph 44, a doctor shall order any drugs or appliances which are needed for the treatment of any patient to whom he is providing treatment under these terms of service by issuing to that patient a prescription form, and such a form shall not be used in any other circumstances.

(2) In issuing any such prescription form the doctor shall himself sign the form in ink with his initials, or forenames, and surname in his own handwriting and not by means of a stamp, and shall so sign only after particulars of the order have been inserted in the form, and—

(a) the prescription shall not refer to any previous prescription; and

(b) a separate prescription form shall be used for each patient, except where a doctor is prescribing in bulk for a school or institution under paragraph 45.

(3) Where a doctor orders drugs specified in Schedule 2 to the Misuse of Drugs Regulations 1985 [^f00039] (controlled drugs to which regulations 14, 15, 16, 18, 19, 20, 21, 23, 25 and 26 of those Regulations apply) for supply by instalments for treating addiction to any drug specified in that Schedule, he shall—

(a) use only the prescription form provided by the FHSA specially for the purposes of supply by instalments;

(b) specify the number of instalments to be dispensed and the interval between each instalment; and

(4) The form provided by the FHSA specially for the purpose of supply by instalments shall not be used for any purpose other than ordering drugs in accordance with sub-paragraph (3) of this paragraph.

(5) In a case of urgency a doctor may request a chemist to dispense a drug or an appliance before a prescription form is issued, only if—

(a) that drug is not a Scheduled drug;

(b) that drug is not a controlled drug within the meaning of the Misuse of Drugs Act 1971[^f00040], other than a drug which is for the time being specified in Schedule 5 to the Misuse of Drugs Regulations 1985; and

(c) the doctor undertakes to furnish the chemist, within 72 hours, with a prescription form completed in accordance with sub-paragraph (2).

44

(1) In the course of treating a patient to whom he is providing treatment under these terms of service, a doctor shall not order on a prescription form a drug or other substance specified in Schedule 10 to these Regulations but may otherwise prescribe such a drug or other substance for that patient in the course of that treatment.

(2) In the course of treating such a patient a doctor shall not order on a prescription form a drug specified in an entry in column 1 of Schedule 11 to these Regulations unless—

(a) that patient is a person of a description mentioned in column 2 of that entry;

(b) that drug is prescribed for that patient only for the purpose specified in column 3 of that entry; and

but may otherwise prescribe such a drug for that patient in the course of that treatment.

45

(1) Where a doctor—

(a) is responsible under these terms of service for the treatment of 10 or more persons in a school or other institution in which at least 20 persons normally reside; and

(b) orders, for any two or more of those persons for whose treatment he is responsible, drugs or appliances to which this paragraph applies,

he may use a single prescription form for the purpose.

(2) Where a doctor uses a single prescription form for the purpose mentioned in sub-paragraph (1), he shall (instead of entering on the form the names of the persons for whom the drugs or appliances are ordered) enter on the form—

(a) the name of the institution in which those persons reside; and

(b) the number of persons residing there for whose treatment he is responsible.

(3) This paragraph applies to any drug or appliance which can be supplied as part of pharmaceutical services and which—

(a) in the case of a drug, is not a product of a description or class which is for the time being specified in an order made under section 58(1) of the Medicines Act 1968[^f00041]; or

(b) in the case of an appliance, does not contain such a product.

46

For the purposes of paragraphs 43 and 44 in their application to a doctor who has undertaken to provide contraceptive services, “drugs” includes contraceptive substances and “appliances” includes contraceptive appliances.

Practice leaflet

47

(1) Subject to paragraph (2), a doctor whose name is included in the medical list of an FHSA shall compile in relation to his practice a document (in this paragraph called a “practice leaflet”) which shall include the information specified in Schedule 12.

(2) Sub-paragraph (1) shall, in relation to a doctor referred to in regulation 4(2)(e), apply only to the extent that the FHSA sees fit.

(3) A doctor shall review his practice leaflet at least once in every period of 12 months, and shall make any amendments necessary to maintain its accuracy.

(4) A doctor shall make available a copy of the most recent edition of his practice leaflet to the FHSA, to each patient on his list and to any other person who, in the doctor’s opinion, reasonably requires one.

(5) A doctor who practises in partnership with other doctors whose names are included in the medical list shall satisfy the requirements of this paragraph if he makes available a practice leaflet, compiled and, where appropriate, revised in accordance with sub-paragraphs (1) and (3), which relates to the partnership as a whole; and in such a case a doctor may, if he so wishes, also produce a practice leaflet relating to his own activities.

Reports to medical officer etc

48

A doctor shall—

(a) supply in writing to a medical officer within such reasonable period as that officer may specify, any relevant clinical information which he requests about a patient to whom the doctor under these terms of service has issued or has refused to issue a medical certificate; and

(b) answer any inquiries by a medical officer about a prescription form or medical certificate issued by the doctor under these terms of service or about any statement which the doctor has made in a report under these terms of service.

Inquiries about prescriptions and referrals

49

(1) A doctor whose name is included in the medical list shall, subject to sub-paragraphs (2) and (3) below, sufficiently answer any inquiries, whether oral or in writing, from the FHSA concerning—

(a) any prescription form issued by the doctor under these terms of service;

(b) the considerations by reference to which the doctor issues such forms under these terms of service;

(c) the referral by the doctor under these terms of service of any patient to any other services provided under the Act; and

(d) the considerations by reference to which the doctor refers patients to any such services.

(2) An inquiry referred to in sub-paragraph (1) may be made only for the purpose either of obtaining information to assist the FHSA to discharge its functions or of assisting the doctor in the discharge of his obligations under these terms of service.

(3) A doctor shall not be obliged to answer any inquiry referred to in sub-paragraph (1) unless it is made by a doctor appointed under regulation 38 who produces, on request, written evidence that he is authorised by the FHSA to make such an inquiry on behalf of the FHSA.

Annual reports

50

(1) A doctor whose name is included in the medical list shall provide annually to the FHSA a report, in accordance with this paragraph, relating to the provision by him of personal medical services (in this paragraph called an “annual report”).

(2) An annual report shall contain the information specified in Schedule 13.

(3) Each annual report shall be compiled in respect of the period of 12 months ending on the 31st March of the year in which it is provided and shall be sent to the FHSA by 30th June of that year.

(4) In the case of a doctor who practises in partnership with other doctors whose names are included in the medical list, the information referred to in sub-paragraph (2) may alternatively be provided in the form of an annual report in respect of the partnership as a whole instead of by each doctor in the partnership individually and in such a case a doctor may, if he so wishes, also produce his own annual report.

(5) Where the FHSA requires that the information referred to in sub-paragraph (2) be provided on a form supplied by the FHSA, the doctor shall use that form.

(6) The FHSA shall not disclose any annual report to any person, unless otherwise lawfully empowered to do so.

Incorporation of provisions of regulations etc.

51

Any provisions of the following affecting the rights and obligations of doctors shall be deemed to form part of the terms of service—

(a) the Regulations;

(b) so much of Part II of the National Health Service (Service Committees and Tribunal) Regulations 1992[^f00042] as relates to—

(i) the investigation of questions arising between doctors and their patients and other investigations to be made by the medical service committee and the joint services committee and the action which may be taken by the FHSA as a result of such investigations,

(ii) appeals to the Secretary of State from decisions of the FHSA,

(iii) the investigation of cases of alleged excessive prescribing,

(iv) the investigation of certification,

(v) the investigation of record keeping,

(vi) decisions as to treatment for which fees may be charged.

SCHEDULE 3

PART I — INFORMATION AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN A MEDICAL LIST

1

Full name.

2

Sex.

3

Date of Birth.

4

Private address and telephone number.

5

Medical qualifications and where obtained.

6

Registration number in the Medical Register and date of first registration.

7

Information about general medical services to be provided for persons in the FHSA’s locality, and in particular whether—

a including excluding limited to	maternity medical services
b including excluding limited to	contraceptive services
i excluding including	fitting of intra-uterine devices
ii restricted not restricted	to patients to whom the doctor or partner provides other personal medical services
c including excluding limited to	child health surveillance services
d including excluding limited to	minor surgery services

8

Present or most recent appointment.

9

(a) Name and private address of any intended partner and whether or not the name is in the FHSA’s medical list.

(b) Names and private addresses of members of group (other than those already specified in (a) above) with whom doctor intends to practise.

10

Whether applied/intending to apply for inclusion in obstetric list/child health surveillance list/minor surgery list.

11

Notification of the geographical boundary of the applicant’s proposed practice area by reference to a sketch, diagram or plan.

12

Notification of address(es) of proposed practice premises.

13

Whether the applicant intends to practise as—

(a) a full-time doctor;

(b) a three-quarter-time doctor;

(d) a job-sharing doctor; or

(e) a restricted doctor.

14

Where the applicant intends to practise as a job-sharing doctor, the name of the other job-sharing doctor with whose hours the applicant’s hours are to be aggregated for the purposes of regulation 15(1)(d).

15

Notification of proposed days and hours of attendance.

16

Telephone number(s) at which prepared to receive messages.

17

Undertaking that if accepting as a patient a person who, at the time of acceptance, is residing at a place outside the practice area, he will visit him at that address.

18

Proposed place of residence (including telephone number and distance from main practice premises) and an undertaking to inform the FHSA whenever changing permanent residence.

19

Declaration that he is a registered medical practitioner, included in the Medical Register in that name.

20

Undertaking to be bound by the terms of service.

PART II — INFORMATION AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION TO FILL A VACANCY

1

Full name.

2

Sex.

3

Date of birth.

4

Private Address and telephone number.

5

Medical qualifications and where obtained.

6

Declaration that he is a registered medical practitioner, included in the Medical Register in that name.

7

Registration number in the Medical Register and date of first registration.

8

Whether applying to succeed to a practice, or be appointed to a vacancy in a practice.

9

Notification of the geographical boundary of the applicant’s proposed practice area by reference to a sketch, diagram or plan.

10

Notification of address(es) of proposed practice premises.

11

Whether the applicant intends to practise as—

(a) a full-time doctor;

(b) a three-quarter-time doctor;

(d) a job-sharing doctor; or

(e) a restricted doctor.

12

13

Notification of proposed days and hours of attendance.

14

Telephone number(s) at which prepared to receive messages.

15

Undertaking that if accepting as a patient a person who at the time of acceptance or succession is residing at a place outside the practice area he will visit him at that address.

16

Proposed place of residence (including telephone number and distance from main surgery) and an undertaking to inform the FHSA whenever changing permanent residence.

17

Whether or not on the medical list for the FHSA’s locality.

18

If not in the FHSA’s medical list, present or most recent appointment, and if in general practice, whether as principal, assistant or locum.

19

Professional experience (including starting and finishing dates of each appointment) separated into:

(a) trainee or assistant experience in general practice;

(b) general practice experience;

(d) other (including obstetric) experience;

(e) any additional supporting particulars.

20

The name and address of principal to whom trainee or assistant.

21

Particulars of covenants restricting medical practice by the applicant in the FHSA’s locality.

22

Name and address of any intended partner and whether or not the name is included in the FHSA’s medical list.

23

Names and addresses of two referees.

24

If applicant is not in the FHSA’s medical list—

(1) name of any other FHSA in whose list he is included;

(2) particulars of any outstanding application for inclusion on the medical list of any FHSA;

(3) information about general medical services to be provided and, in particular, whether—

a including excluding	maternity medical services limited to
b including excluding limited to	contraceptive services
i excluding including	fitting of intra-uterine including devices
ii restricted not restricted	to patients to whom the doctor or partner provides other personal medical services
c including excluding limited to	child health surveillance services
d including excluding limited to	minor surgery services

(4) whether or not applied/intending to apply for—

(a) inclusion in minor surgery list,

(b) inclusion in child health surveillance list,

(5) undertaking to be bound by terms of service.

PART IIIA — INFORMATION TO BE INCLUDED IN REPORT BY FHSA TO MEDICAL PRACTICES COMMITTEE IN RESPECT OF APPLICATION FOR INCLUSION IN A MEDICAL LIST

1

Full name of applicant.

2

Copies of—

(a) the applicant’s application to the FHSA;

(b) any evidence concerning the applicant’s qualifications and experience produced in accordance with the National Health Service (Vocational Training) Regulations 1979[^f00043]; and

3

Date from which applicant proposes to provide general medical services and whether he proposes to practise as a full-time, three-quarter-time, half-time, job-share or restricted doctor.

4

Area of the FHSA’s locality in which such services are to be provided.

5

The number of doctors who are not restricted doctors already providing general medical services in that area whose names are included in the FHSA’s medical list and whether they are full-time, three-quarter-time, half-time, job-sharers, and the number of full-time assistants.

6

The total number of patients registered with the medical list doctors as at 31st March, 30th June, 30th September or 31st December, whichever is the last to precede the date of the report.

7

The average number of patients on the lists of doctors providing general medical services in that area.

8

Where the applicant proposes to provide such services in partnership with another doctor, details of each proposed partner, as respects—

(a) his full name and his age, and whether he practises as a full-time, three-quarter-time, half-time, job-sharer or restricted doctor;

(b) the total number of patients on his list;

(d) the number of patients on his list who attract deprivation payments;

(e) where the proposed partner is a doctor who is authorised or required to provide drugs, medicines or appliances, the number of patients on his list who are patients in respect of whom he is so authorised;

(f) the total annual number of temporary resident attendances based on the last available four complete quarters;

(g) the total number of rural practice units credited for the last known quarter;

(h) the number of hours in each week which he devotes to health-related activities, within the meaning of paragraph 30 of Schedule 2;

(i) the number and location of the practice premises from which he provides general medical services and sessions spent at branch surgeries.

9

Details of each doctor, including where requested, the sex of that doctor who provides general medical services from practice premises situated up to 5 miles from the applicant’s proposed practice premises, as respects each of the matters mentioned in sub-paragraphs (a) to (h) of paragraph 8 above.

10

Any other information which the FHSA considers to be relevant to the determination of the application.

11

Whether or not the application is supported by the FHSA, including details of its reasons for supporting or not supporting the application and any report from the Local Medical Committee or Community Health Council.

12

If the Medical Practices Committee so request, a breakdown of the lists of patients by reference to age and/or sex and a description of the area.

13

A statement that the FHSA has confirmed that the applicant is a registered medical practitioner and that his name as entered on the application is currently included in the Medical Register.

14

A statement that the applicant is a British or a European Community national or, if not, that the FHSA has checked that the applicant is entitled to work as a self-employed practitioner in the United Kingdom.

PART IIIB — INFORMATION TO BE INCLUDED IN REPORT BY ADDITIONAL FHSAS TO MEDICAL PRACTICES COMMITTEES IN RESPECT OF APPLICATION FOR INCLUSION IN A MEDICAL LIST

1

Full name of applicant.

2

Date from which the applicant proposes to provide medical services.

3

The area of the FHSA’s locality in which medical services are to be provided.

4

The name of any other FHSA in whose locality the applicant provides or intends to provide medical services.

5

The area of any other FHSA’s locality in which the applicant provides, or intends to provide, medical services.

6

Details of the distance from the nearest point on the FHSA boundary (to whom the current application is made) to:—

(a) the doctor’s nearest surgery,

(b) the doctor’s private address.

7

Whether the areas named in the application—

(a) are/are not within the catchment area of the doctor’s present practice,

(b) are/are not adjacent to the doctor’s area of practice,

8

Whether local practices are unwilling/unable to accept the proposed patients.

9

Whether the applicant intends to open a branch surgery.

10

11

Any other information which the FHSA considers to be relevant to the determination of the application, including whether or not it is the opinion of the FHSA that the doctor would be able to comply with the terms of service.

PART IIIC — INFORMATION TO BE INCLUDED IN REPORT BY FHSA TO MEDICAL PRACTICES COMMITTEE IN RESPECT OF A RESTRICTED LIST APPLICATION

1

Full name of applicant.

2

Date from which applicant proposes to provide general medical services.

3

Copy of the applicant’s application to the FHSA.

4

Copy of evidence concerning the applicant’s qualifications and experience produced in accordance with the National Health Service (Vocational Training) Regulations 1979[^f00044].

5

The name of the establishment or organisation, to which patients connected to them, the applicant will be limiting the provision of general medical services, and the numbers of such patients.

6

The area of the FHSA’s locality in which the establishment or organisation is sited.

7

A statement that the FHSA has confirmed that the applicant is a registered medical practitioner and that his name as entered on the application is currently included in the Medical Register.

8

A statement that the applicant is a British or European Community national or, if not, that the FHSA has checked that the applicant is entitled to work as a self-employed practitioner in the United Kingdom.

9

Whether the application is in respect of a new practice or an extension of the doctor’s current practice.

10

Whether the application is made by the successor to any other doctor and if so the name of that doctor.

11

12

Any other information which the FHSA considers to be relevant to the determination of the application.

PART IIID — INFORMATION TO BE INCLUDED IN A REPORT BY FHSA TO MEDICAL COMMITTEE IN RESPECT OF A RESTRICTED SERVICES APPLICATION

1

Full name of applicant.

2

Copy of the applicant’s application to the FHSA.

3

The names of any proposed partners and/or members of the applicant’s group practice.

4

Copy of any declaration of partnership, or intent to practise in association with a group practice.

5

The date from which the applicant proposes to provide the services in question.

6

Confirmation that the applicant is eligible to be included in the child health surveillance list or the minor surgery list as the case may be.

7

The area of the FHSA’s locality in which the medical services in question are to be provided.

8

The name of any other FHSA in whose locality the applicant provides or intends to provide the medical services.

9

The area of any other FHSA’s locality in which the applicant provides, or intends to provide, the medical services.

10

11

A statement that the FHSA has confirmed that the applicant is a registered medical practitioner and that his name as entered on the application is currently included in the medical register.

12

A statement that the applicant is a British or European Community national, or, if not, that the FHSA has checked that the applicant is entitled to work as a self-employed practitioner in the United Kingdom.

13

Any other information which the FHSA considers to be relevant to the determination of the application, including any unusual factors that may affect demand for the particular services in question.

14

If the Medical Practices Committee so request, details of the numbers of doctors on the Medical List already providing the services in question in the area of locality of the FHSA where the applicant proposes to provide the service.

PART IV — INFORMATION TO BE INCLUDED IN A REPORT BY FHSA TO THE MEDICAL PRACTICES COMMITTEE CONCERNING ADEQUACY OF SERVICES

1

The names of the doctors in the medical list providing general medical services mainly in the FHSA’s locality.

2

The names and numbers of full-time assistants.

3

Where appropriate, the serial number of each partnership.

4

The part of the FHSA’s locality where the doctors mainly practise, and whether each doctor practises as—

(a) a full-time doctor;

(b) a three-quarter time doctor;

(d) a job-sharing doctor.

5

In respect of each doctor,—

(a) his full name, sex and date of birth;

(b) his index number;

PART V — INFORMATION TO BE INCLUDED IN A REPORT BY FHSA ON DEATH, WITHDRAWAL OR REMOVAL OF DOCTOR FROM MEDICAL LIST

1

(a) the full name, age, practice address and, if requested, the sex of the doctor and the area of the FHSA’s locality in which such services were provided and the date of his death, withdrawal or removal from the medical list;

(b) whether the doctor practised as—

(i) a full time doctor,

(ii) a three-quarter time doctor,

(iii) a half-time doctor,

(iv) a job-sharing doctor,

(v) a restricted doctor;

(d) the number of patients on his list who are over the age of 65;

(e) where he was a doctor who was authorised or required under regulation 20 of the Pharmaceutical Regulations to provide drugs or appliances, the number of patients on his list in respect of whom he was so authorised;

(f) the total annual number of temporary resident attendances based on the last available four complete quarters;

(g) the number of patients on his list attracting deprivation payments;

(h) the number of hours per week which he devoted to health related activities within the meaning of paragraph 30 of Schedule 2;

(i) the total number of rural practice units credited for the last known quarter;

(j) the number and location of the practice premises from which he provided general medical services, and sessions spent at branch surgeries;

(k) in respect of a single handed doctor, whether the premises are available for sale or rent.

2

Where the doctor provided services in partnership with another doctor, details of each partner as respects each of the matters mentioned in paragraph 1(a)–(j) above.

3

Details of each doctor who provides general medical services from practice premises situated up to 5 miles from the doctors' practice premises as respects each of the matters mentioned in paragraph 1(a)–(j).

4

Any other information which the FHSA considers to be relevant.

5

The number of doctors who are not restricted doctors providing general medical services in the area where the doctor practised whose names are included in the FHSA’s medical list and whether they are full-time, three-quarter-time, half-time or job-sharers, and the number of full-time assistants.

6

If the Medical Practice Committee so request a breakdown of age/sex of patient lists and type of area of residence.

7

A recommendation from the FHSA, with reasons, for dealing with the vacancy, giving an account of any report from the Local Medical Committees or Community Health Council (if made); and in respect of partnerships the proposals by the remaining partner(s).

PART VI — INFORMATION TO BE INCLUDED IN AN APPLICATION FOR THE VARIATION OF A CONDITION IMPOSED IN CONNECTION WITH INCLUSION IN A MEDICAL LIST

1

Full name.

2

Private address.

3

Information about the services to be provided, and in particular whether they—

a will include will exclude will be limited to	maternity medical services
b will include will exclude will be limited to	contraceptive services
i excluding including	fitting of intra-uterine including devices
ii restricted not restricted	to patients to whom the doctor or partner provides other personal medical services
c will include will exclude will be limited to	child health surveillance services
d will include will exclude will be limited to	minor surgery services

4

Name and private address(es) of partner(s) with whom the applicant intends to practise, indicating whether or not the name is in the FHSA’s medical list.

5

Details of any proposed changes to—

(a) the geographical boundary of the applicant’s practice area, by reference to a sketch, diagram or plan;

(b) his practice premises;

(d) his telephone number(s) at which messages may be received.

6

Where applicant is seeking a variation of a condition relating to his hours or the sharing of work, whether he wishes to practise as —

(a) a full-time doctor;

(b) a three-quarter-time doctor;

(d) a job-sharing doctor and the name of the other job-sharing doctor with whose hours the applicant’s hours are to be aggregated for the purposes of regulation 15(1)(d); or

(e) a restricted doctor.

PART VII — INFORMATION TO BE SUPPLIED BY FHSA WITH REGARD TO DOCTORS' LISTS

1

The number of patients included on the doctor’s list, in each of the age groups in accordance with the capitation fee they attract.

2

The number of children included on the doctor’s list for whom he or she has undertaken to provide child health surveillance services.

3

The number of patients included on the doctor’s list for whom a deprivation payment is due, in each group in accordance with the level of fee they attract.

4

The number of patients included for whom a rural practice payment is due.

5

The number of patients for whom the doctor has assumed responsibility from a doctor who is relieved of the responsibility to provide out of hours services.

PART VIII — INFORMATION TO BE SUPPLIED BY DOCTOR APPLYING FOR INCLUSION IN A CHILD HEALTH SURVEILLANCE LIST

1

Full name.

2

Address of practice premises.

3

Registration number in the Medical Register and date of first registration.

4

Details of relevant medical experience after date of first registration (and, if appropriate, before that date) during last 5 years, together with any references.

5

Title of any post-graduate qualification held and date awarded.

PART IX — INFORMATION TO BE SUPPLIED BY DOCTOR APPLYING FOR INCLUSION IN A MINOR SURGERY LIST

1

Name.

2

Address of practice premises.

3

Registration number in the Medical Register and date of first registration.

4

Details of relevant medical experience after date of first registration (and, if appropriate, before that date) during last 5 years together with any references.

5

Details of premises and equipment to be used.

6

Title of any post-graduate qualification held and date awarded.

PART X — INFORMATION TO BE SUPPLIED BY DOCTOR APPLYING FORINCLUSION IN AN OBSTETRIC LIST

1

Name.

2

Address of practice premises.

3

Registration number in the Medical Register and date of first registration.

4

Details of relevant obstetric experience during the previous 10 years (and, if appropriate, before that date), together with any references.

5

Details of relevant training undertaken during the previous 5 years.

6

Title of any relevant post-graduate qualification held and date awarded.

SCHEDULE 4 — CHILD HEALTH SURVEILLANCE SERVICES

1

The services referred to in regulation 28(2)(a) shall comprise—

(a) the monitoring—

(i) by the consideration of information concerning the child received by or on behalf of the doctor, and

(ii) on any occasion when the child is examined or observed by or on behalf of the doctor (whether pursuant to sub-paragraph (b) or otherwise),

of the health, well-being and physical, mental and social development (all of which characteristics are referred to in this Schedule as “development”) of the child while under the age of 5 years with a view to detecting any deviations from normal development;

(b) the examination of the child by or on behalf of the doctor on so many occasions and at such intervals as shall have been agreed between the FHSA and the health authority in whose district the child resides (in this Schedule called “the relevant health authority”) for the purposes of the provision of child health surveillance services generally in that district.

2

The records mentioned in regulation 28(3)(b) shall comprise an accurate record of—

(a) the development of the child while under the age of 5 years, compiled as soon as is reasonably practicable following the first examination mentioned in paragraph 1(a) and, where appropriate, amended following each subsequent examination mentioned in that sub-paragraph; and

(b) the responses (if any) to offers made to the child’s parent for the child to undergo any examination referred to in paragraph 1(b).

3

The information mentioned in regulation 28(3)(c) shall comprise—

(a) a statement, to be prepared and dispatched to the relevant health authority as soon as is reasonably practicable following any examination referred to in paragraph 1(a), of the procedures undertaken in the course of that examination and of the doctor’s findings in relation to each such procedure;

(b) such further information regarding the development of the child while under the age of 5 years as the relevant health authority may request.

SCHEDULE 5

PART I — CRITERIA TO BE CONSIDERED BEFORE INCLUSION IN AN OBSTETRIC LIST

1

Whether the applicant has, within the period of 10 years previous to the date of his application, held, for not less than 6 months, a resident appointment in a maternity unit in a hospital or hospitals in a member state of the European Community during which at least half the time has been spent on obstetric work.

2

Where an applicant has held an appointment of the type mentioned in paragraph 1 during a period ending more than 9 years, 6 months previous to the date of his application, whether he has, within the period of 5 years previous to the date of his application, either—

(a) attended a refresher course in obstetrics of not less than one week; or

(b) spent not less than 2 weeks as an obstetric officer in a maternity unit under the supervision of a consultant obstetrician.

3

Whether the applicant has, within the period of 2 years previous to the date of his application—

(a) been included in the obstetric list of the same or another FHSA; and

(b) at the time of ceasing to be included in that obstetric list, was qualified for admission to it under paragraph 1 or 2.

4

Whether the applicant has, in the period of 5 years previous to the date of his application, been engaged in obstetric practice involving—

(a) attendance at not less than 100 maternity cases involving responsibility for ante-natal care; and

(b) attendance at not less than 50 cases involving the supervision of labour and responsibility for the post-natal period.

5

Whether the applicant is, at the time of the application, in the obstetric list of another FHSA.

6

Whether the applicant has, in the period of 2 years previous to the date of his application, had at least 6 months consecutive training experience under the supervision of a consultant obstetrician in a maternity unit involving attendances at—

(a) not less than 20 normal deliveries;

(b) not less than 10 abnormal deliveries; and

7

For the purposes of this Part of this Schedule—

“maternity unit” means a hospital or that part of a hospital which specialises in the provision of care to a woman during her pregnancy, labour and the post-natal period;

“refresher course in obstetrics” means a course of study in obstetrics approved by the Regional Adviser on Post-Graduate Education, or in Wales, by the Postgraduate Dean;

“normal delivery” means a delivery of a baby which does not require active intervention by a doctor;

“abnormal delivery” means a delivery of a baby which does require active intervention by a doctor;

“ante-natal clinic” means a clinic where a woman’s pregnancy is monitored by or on behalf of a doctor and appropriate care provided;

“post-natal clinic” means a clinic where an assessment is made by a doctor of the health of a woman following the post-natal period and where the post-natal examination is performed and appropriate care given;

“resident appointment” means a post in a hospital requiring the post-holder to reside at the hospital at times when required for duty at the hospital;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.