# The National Health Service (General Medical Services) Amendment Regulations 2002, Regulation 7: Amendment of Part III of the principal Regulations


For regulation 12 (decisions of the Medical Practices Committee) substitute—
“Consideration of vacancies by Health Authorities
12 (1) A Health Authority may consider at any time whether there is, or will be, a vacancy for a doctor to provide general medical services in their area.
(2) A Health Authority must consider whether there is, or will be, a vacancy for a doctor in their area if—
(a) it has been asked to do so by a doctor who provides general medical services in their area; or
(b) a doctor has died, or has withdrawn from, or been removed from, the Health Authority’s medical list.
(3) Where paragraph (2) applies and where a doctor’s prospective patients are situated in the area of more than one Health Authority, any of those Health Authorities may—
(a) elect to consider separately whether there is a vacancy for a doctor in respect of the prospective patients residing in their area; or
(b) agree to deal jointly with one or more other Health Authorities with prospective patients residing in their areas.
(4) In a case falling within paragraph (3)(b), the Health Authority in whose area reside the largest number of prospective patients shall decide whether to declare a vacancy, and, if it does so, it shall proceed in accordance with regulation 13.
(5) If a Health Authority is considering whether or not there is, or will be, a vacancy, the Health Authority shall before reaching a decision—
(a) consider the matters set out in Part I of Schedule 3;
(b) obtain from any other Health Authority in whose area prospective patients reside, such information as it thinks necessary.
(6) In reaching their decision a Health Authority shall, in particular, take account of—
(a) persons in their area performing personal medical services;
(b) any relevant financial considerations;
(c) the effect of creating a vacancy on any other Health Authority or Health Board in whose area prospective patients reside;
(d) any services outside general medical services and personal medical services already provided by doctors in their area.”.

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Source: https://www.legislation.gov.uk/uksi/2002/554/regulation/7 (the official version)
Page: https://openlegislation.uk/national-health-service-general-medical-services-amendment-regulations-2002/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.