{
  "url": "https://openlegislation.uk/national-health-service-general-medical-services-amendment-no-4-regulations-2001/note",
  "json_url": "https://openlegislation.uk/national-health-service-general-medical-services-amendment-no-4-regulations-2001/note.json",
  "legislation": "uksi/2001/3742",
  "legislation_title": "The National Health Service (General Medical Services) Amendment (No. 4) Regulations 2001",
  "legislation_url": "https://openlegislation.uk/national-health-service-general-medical-services-amendment-no-4-regulations-2001",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations further amend the National Health Service (General Medical Services) Regulations 1992 (“the principal Regulations”), which regulate the terms on which doctors provide general medical services under the National Health Service Act 1977 (“the 1977 Act”) in order to implement certain provisions of the Health and Social Care Act 2001.\nRegulation 2 adds some additional definitions to regulation 2 of the principal Regulations.\nRegulation 3 amends regulation 6 to prevent a doctor withdrawing from the medical list, without the consent of the Secretary of State, when the Health Authority is investigating to see whether there are grounds for removal or suspension from the medical list, or whether he has failed to comply with a condition imposed on his inclusion so as to justify his removal.\nRegulation 4 amends regulation 7 of the principal Regulations so as to remove the mandatory removal of the name of any doctor convicted of murder or of a criminal offence and sentenced to 6 months. These grounds are moved to new regulation 7C of the principal Regulations, with the change that the conviction must now be for over six months, and other grounds are listed. Other minor changes are made to regulation 7.\nRegulation 5 inserts new regulations 7A to 7H, which give effect to powers given in sections 49F to 49R of the 1977 Act (inserted by s.25 of the Health and Social Care Act 2001)—\nRegulation 7A extends the definition of a “health scheme” in s.49(8) of the 1977 Act.\nRegulation 7B sets out the criteria the Health Authority must take into account when exercising its discretionary powers of removal under s.49F of the 1977 Act.\nRegulation 7C sets out the grounds for mandatory removal by the Health Authority of a doctor from the medical list.\nRegulation 7D provides for a Health Authority to notify specified persons of specified information relating to decisions to remove or suspend a doctor from the medical list.\nRegulation 7E provides the procedure to be followed by Health Authorities on removal of a doctor from the medical list.\nRegulation 7F provides the procedure to be followed by Health Authorities on suspension of a doctor from the medical list.\nRegulation 7G provides the procedure to be followed by Health Authorities where the Health Authority decides to review a decision to conditionally include, conditionally remove, or suspend a doctor from the medical list.\nRegulation 7H amends the statutory period for review set in s.49N of the 1977 Act in specified circumstances.\nRegulation 6 amends regulation 18E of the principal Regulations so as to add additional criteria for approval and nomination of doctors to the medical list.\nRegulation 7 adds new regulations 18EE and 18EF to the principal Regulations. Regulation 18EE sets out the grounds on which a Health Authority may or must refuse to approve or nominate a doctor to the medical list, and the criteria to which they must have regard. Regulation 18EF sets out the circumstances in which a Health Authority may defer consideration of an application to approve or nominate a doctor in the medical list, and the procedure to be followed.\nRegulation 8 makes minor amendments to regulation 18F of the principal Regulations, and allows Health Authorities to enter a doctor’s name on the list subject to conditions, with his consent, until any appeal has been decided.\nRegulation 9 amends regulation 18G of the principal Regulations to allow for appeals to the Secretary of State on a point of law from decisions on his proficiency in English.\nRegulation 10 adds a new regulation 18GG to the principal Regulations to allow an appeal to the FHSAA against a decision by a Health Authority to refuse to approve or nominate a doctor.\nRegulations 11 and 12 make minor amendments to regulations 18I and 18J of the principal Regulations.\nRegulation 13 inserts a new regulation 18M into the principal Regulations . This provides for a Health Authority to impose conditions when it includes a doctor in the medical list. The Health Authority may review such conditions and there is an appeal to the FHSAA. The Health Authority may remove the doctor for breach of a condition.\nRegulation 14 amends regulation 25 of the principal Regulations to allow for a Health Authority to appoint a temporary doctor to look after the patients of a doctor suspended by the Health Authority.\nRegulation 15 substitutes a new regulation 34A of the principal Regulations because the power on which it relied, section 49E of the 1977 Act, was repealed in the Health and Social Care Act, Sch 5, paragraph 5. New provision for paying practitioners suspended under the new powers inserted by the Health and Social Care Act 2001 is made.\nRegulation 16 amends Schedule 2 to the principal Regulations (the GPs' terms of service).\nThere is a minor consequential amendment to paragraph 18A (out-of-hours arrangements).\nParagraph 22 is amended to require organisations providing deputy doctors to use only doctors who are included in the supplementary or medical list, or are named as performers of personal medical services in a pilot scheme.\nParagraph 23 is amended to prevent doctors employing as assistants or deputies doctors who are suspended or have been convicted of murder or a criminal offence and sentenced to over six months in prison.\nParagraph 23A imposes certain further requirements on doctors employing assistants or deputies.\nA new requirement is added at paragraph 36A to require a GP to notify the Health Authority in writing as to whether or not he, or a company of which he is a director, has any criminal convictions or other specified matters by 31 March 2002, and to report any subsequent events of this nature within 7 days.\nParagraph 36B requires a doctor on the medical list of a Health Authority to inform it if he, or a company of which he is a director, applies to join another list, or if he becomes a director of a company that is so included, or is applying to be included.\nNew paragraph 50A requires a doctor to co-operate with an assessment by the new National Clinical Assessment Authority.\nRegulations 17 and 18 make minor amendments to Parts I (information to be included in a report by a Health Authority when making a reference to the Medical Practices Committee) and III (information and undertakings to be given by a practitioner in connection with an application for nomination or approval for a practice vacancy) of Schedule 3 to the principal Regulations, and provide for more information to be provided by the doctor. The undertaking given under paragraph 25 is extended to require the doctor to undertake to inform the Health Authority of any changes to the information provided with the application, and to continue to supply information to the Health Authority once included. New paragraph 26 requires the doctor to consent to the Health Authority asking the doctor’s regulatory body to give specified information to the Health Authority.\nIn addition, regulations 7 and 25 of the principal Regulations are amended to include a reference to the interim suspension orders available under section 41A of the Medical Act 1983.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/3742/note",
    "retrieved_at": "2026-10-29T07:21:53.544466+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}