Regulation 7 Practice vacancies where patients are subject to pilot scheme proposals

In regulation 12 (advertisement of vacancies), in paragraph (1), at the beginning insert “Subject to regulation 14A,”.

In regulation 12A (re-advertisement of vacancies)^f1, in paragraph (1), after “may” insert “(subject to regulation 14A)”.

In regulation 13 (selection of applicants), in paragraph (1), after “and shall” insert “(subject to regulation 14A)”.

In regulation 14 (determination of applications by Medical Practices Committee), in paragraph (1), after “shall” insert “(subject to regulation 14A)”.

After regulation 14 of the 1992 Regulations, insert the following new regulation—

“Practice vacancies where patients are subject to pilot scheme proposals

14A

(1)

Paragraph (2) applies where—

(a)

a practice has been declared vacant, or a vacancy has arisen, as mentioned in regulation 5(2);

(b)

the Health Authority receives or has received a request under section 4 of the 1997 Act to prepare proposals for a pilot scheme and is under a duty to comply with that request or has done so;

(c)

in the Health Authority’s opinion those proposals relate, or would relate, to more than half of the patients whom it expects to be on the list of any doctor who would fill the vacancy or succeed to the practice; and

(d)

either—

(i)

in a case to which regulation 13(2) applies, the Health Authority has not yet selected the applicant whose application it wishes to be considered by the Medical Practices Committee, or has not yet sent the application of the selected applicant to that Committee,

(ii)

in a case to which regulation 13(6) applies, the Health Authority has not yet sent the application to the Medical Practices Committee, or

(iii)

where (in either case) an application has been sent to the Medical Practices Committee, that Committee has not yet determined it pursuant to regulation 14.

(2)

In a case referred to in paragraph (1), without prejudice to any steps that may already have been taken—

(a)

a Health Authority shall not—

(i)

give notice or further notice of the vacancy pursuant to regulation 12 or 12A, or

(ii)

select any applicant pursuant to regulation 13(2), or

(iii)

send an application to the Medical Practices Committee pursuant to regulation 13(4)(c) or (6); and

(b)

the Medical Practices Committee shall not begin to consider, or shall not further consider, pursuant to regulation 14 any application received by them which they have not already determined,

until such time as one of the events set out in paragraph (3) has occurred.

(3)

The events referred to in paragraph (2) are that—

(a)

the proposals referred to in paragraph (1)(b) are rejected by the Secretary of State pursuant to section 5(1)(c) of the 1997 Act; or

(b)

the proposals are withdrawn before the Secretary of State has made his decision under section 5 of the 1997 Act; or

(c)

a pilot scheme implemented as a result of the proposals comes to an end, whether pursuant to a direction of the Secretary of State given under section 8(4) of the 1997 Act, or otherwise.

(4)

The Health Authority shall forthwith inform the Medical Practices Committee—

(a)

if paragraph (1)(a) to (c) apply, and if so whether paragraph (i) or (ii) of paragraph (1)(d) applies;

(b)

if the Secretary of State approves the proposals in question (whether with or without modification); and

(c)

where one of the events referred to in paragraph (3) occurs, of that fact.”.