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Paragraph 38 Doctors available for only 4 days a weekI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraph (3), where the Board 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 36(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;

(c)

the improvement of the quality of such care and treatment; or

(d)

the administration of services under Part II of the Order or of arrangements pursuant to Article 56 of the Orderf1 for the provision of general medical services,

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

(3)

The Board 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 36(2)(a)(iii).

Annotations

Commencement

I1

Sch. 2 para. 38 in operation at 6.10.1997, see reg. 1

Footnotes

f1

Article 56 was amended by Article 12 of S.I. 1978/1907 (N.I. 26), Article 5 of S.I. 1981/432, Article 7 of S.I. 1986/2229 (N.I. 24) and Article 29 of S.I. 1991/194 (N.I. 1)