LegalizeThe National Health Service (General Medical Services) Amendment (No. 2) Regulations 1998
Made: 18th November 1998
Laid before Parliament: 19th November 1998
Coming into force: 10th December 1998
The Secretary of State for Health, in exercise of powers conferred on him by sections 7, 29, 29A(4), 29B, 31, 34, 45(1) and 126(4) of, and paragraph 1(3) of Schedule 10 to, the National Health Service Act 19771, and of all other powers enabling him in that behalf, 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 (No. 2) Regulations 1998 and shall come into force on 10th December 1998.
- (2) In these Regulations, “the principal Regulations” means the National Health Service (General Medical Services) Regulations 19922.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation)—
- (a) in the definition of “full-time doctor”, for “15(1)(a)” substitute “13(2)(a)”;
- (b) in the definition of “half-time doctor”, for “15(1)(c)” substitute “13(2)(c)”;
- (c) in the definition of “job-sharing doctor”, for “15(1)(d)” substitute “13(2)(d)”;
- (d) in the definition of “locality”, at the end, insert—
- but in relation to Part III of, and Schedule 3 to, these Regulations, shall be construed in accordance with regulation 11(7)
- (e) in the definition of “restricted doctor”, for “15(1)(e)” substitute “13(2)(e)”;
- (f) in the definition of “three-quarter-time doctor”, for “15(1)(b)” substitute “13(2)(b)”; and
- (g) in the appropriate alphabetical position, insert—
- “a replacement doctor” means a replacement full-time doctor nominated by the remaining members of a partnership in accordance with the provisions of regulations 18H and 18I;
Amendment of regulation 4 of the principal Regulations
3
Regulation 4 of the principal Regulations (medical list) is amended as follows—
- (a) in paragraph (1)(a), for “30” substitute “29A”;
- (b) in paragraph (3), for “15” substitute “13(1)(b)”; and
- (c) in paragraph (5)(f), omit the words “or, on appeal, by the Secretary of State”.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6 of the principal Regulations (amendment of or withdrawal from the medical list), for paragraph (5) substitute—
(5) Where a Health Authority applies to the Medical Practices Committee for the variation of any condition imposed or treated as imposed pursuant to regulation 13(1)(b)3, and the Medical Practices Committee grants such variation, the Health Authority shall amend the medical list by transferring the name of that doctor to that part of the list which, having regard to the nature of the condition as varied, is appropriate in his case by virtue of regulation 4(2).
General practitioner practice vacancies
5
- (1) For Part III of the principal Regulations, substitute the new Part III set out in Schedule 1 to these Regulations.
- (2) In consequence of paragraph (1), regulation 5 of the principal Regulations (application for inclusion in the medical list or to succeed to a vacancy) is omitted.
- (3) As a further consequence of paragraph (1), after regulation 39 of the principal Regulations insert the following regulation—
(40) A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the Act shall be in the form set out in Schedule 7.
Amendment of regulation 25 of the principal Regulations
6
Regulation 25 of the principal Regulations (temporary provision of services) is amended as follows—
- (a) in paragraph (16), sub-paragraph (b), and the word “and” at the end of sub-paragraph (a), are omitted; and
- (b) after paragraph (16) add—
(17) No doctor shall be appointed under this regulation unless he is able to satisfy the Health Authority that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general medical services in the Authority’s area.
Amendment of Schedule 2 to the principal Regulations
7
In Schedule 2 to the principal Regulations (terms of service for doctors), in paragraph 32 (which restricts the carrying on of a medical practice at premises previously used by a different doctor), for sub-paragraph (2) substitute—
(2) In this paragraph “successor” means the doctor approved or nominated by a Health Authority in accordance with regulation 18A, 18B, 18C or 18I, and “the date on which the successor was appointed” means the date on which the successor is notified of such nomination or approval, or where an appeal lies to the Secretary of State under regulation 18G— (a) the date on which the successor is notified that no appeal has been made to the Secretary of State; or (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.
Amendment of Schedule 3 to the principal Regulations
8
In Schedule 3 to the principal Regulations, for Parts I, II, IIIA, IIIB, IIIC, IIID, IV, V and VI, substitute Parts I, II and III as set out in Schedule 2 to these Regulations.
Existing circumstances
9
- (1) The amendments made by these regulations do not affect any application for inclusion in a medical list or to succeed to a practice vacancy made before 10th December 1998, and accordingly such an application, any appeal to the Secretary of State arising out of such an application, and any reconsideration of such an application in the event of such an appeal being successful, shall be dealt with as if the amendments made by these Regulations had not come into force.
- (2) Nothing in these Regulations requires any alteration in the entry relating to a medical practitioner in a Health Authority medical list as it was immediately before these Regulations came into force.
SCHEDULE 1 — SUBSTITUTED PART III OF THE PRINCIPAL REGULATIONS
SCHEDULE 2 — SUBSTITUTED PARTS I, II AND III OF SCHEDULE 3 TO THE PRINCIPAL REGULATIONS
Signed
Signed by authority of the Secretary of State for Health
Alan Milburn — Minister of State, — Department of Health — 18th November 1998
Explanatory note
(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 selection of general practitioners (“GPs”) to fill practice vacancies and the maintenance of medical lists containing the names of those GPs who have entered into arrangements with Health Authorities to provide general medical services.
Regulation 5 gives effect to Schedule 1 which substitutes a new Part III of the principal Regulations providing for a new system regulating the identification of vacancies by the Medical Practices Committee and the nomination and approval of GPs by Health Authorities to fill practice vacancies as either sole practitioners or as members of a partnership. It further provides for a new system for replacing full time doctors in partnerships, in which case the Medical Practices Committee need not be involved in the identification of any vacancy. Regulation 5 also contains consequential amendments.
Regulations 2, 3, 4, 7 and 8, and Schedule 2, contain amendments which are consequential upon regulation 5.
Regulation 6 contains amendments consequential upon the revocation of section 30 of the National Health Service Act 1977 by section 32(2) of the National Health Service (Primary Care) Act 1997.
Regulation 9 contains provision about circumstances existing at the date these Regulations come into force.
Footnotes
1977 c. 49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. Section 7 was amended by the 1990 Act, section 22, and modified by S.I. 1993/887 and 1994/545. Section 29 was extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by the Health Services Act 1980 (c. 53), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; by the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); by S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 18; and by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 8. Sections 29A and 29B are inserted (from 10th December 1998) by the 1997 Act, section 32. Section 31 was extended by the 1997 Act, section 11 and amended by S.I. 1985/39, article 7(6); by the 1995 Act, Schedule 1, paragraph 20, and (from 10th December 1998) by the 1997 Act, section 32. Section 34 was amended by S.I. 1985/39, article 7(8); by the 1990 Act, section 23(7); by the 1995 Act, Schedule 1, paragraph 23 and (from 10th December 1998) by the 1997 Act, Schedule 2, paragraph 11. Section 45(1) was amended by the Health and Social Security Act 1984 (c. 48), Schedule 3, paragraph 7(a); and by the 1995 Act, Schedule 1, paragraph 33. Section 126(4) was amended by the 1990 Act, section 65(2). Paragraph 1(3) of Schedule 10 was amended by the 1997 Act, Schedule 2, paragraph 30(2).
S.I. 1992/635; relevant amending instruments are S.I. 1994/633, 1995/80, 1995/3093, 1997/2468 and 1998/682.
Regulation 13 is substituted by Schedule 1 to these Regulations.
1977 c. 49; section 31 has been amended by section 32(3) of the National Health Service (Primary Care) Act 1997 (c. 46).
1983 c. 54, amended by the Medical (Professional Performance) Act 1995 c. 51.
1977 c. 49; section 31 has been amended by section 32(2) of the National Health Service (Primary Care) Act 1997 (c. 46).
1983 c. 54, amended by the Medical (Professional Performance) Act 1995 c. 51.
S.I. 1997/2817, amended by S.I. 1998/669.
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