Regulation 16 Variation of conditions
A doctor whose name is included in a medical list may apply, in accordance with paragraph (2), for the variation of any condition—
imposed in relation to him by the Medical Practices Committee—
under regulation 15(1) or treated, by virtue of regulation 15(2) as having been imposed by that Committee, in relation to the extent to which that doctor may carry out remunerated work, or
in accordance with section 33(4)(b) of the Act, excluding the provision by that doctor of general medical services in a specified part or parts of the locality of an FHSA; or
specified in relation to him by the Secretary of State on the determination of any appeal from a decision of the Medical Practices Committee.
An application for the purposes of paragraph (1) shall be made in writing to the FHSA and shall include the information specified in Part VI of Schedule 3.
On receipt of an application under this regulation, the FHSA shall forward the application to the Medical Practices Committee, together with its observations in writing on the application.
Where the observations mentioned in paragraph (3) do not support the doctor’s application under paragraph (1), the FHSA shall send to the doctor a copy of that part of those observations which do not support his application and the doctor may, within 14 days of receiving it, send to the Medical Practices Committee his representations in writing in response to the observations.
The provisions of regulation 14(5) and (6) as respects the constitution and quorum of the Medical Practices Committee shall apply in the case of the determination by that Committee of an application under this regulation as they apply to the determination of an application under that regulation.
The Medical Practices Committee shall not consider an application under this regulation until it has received representations from the doctor under paragraph (4) or until the time allowed under that paragraph for the making of representations has expired, whichever is the earlier.
On consideration of an application under this regulation the Medical Practices Committee—
shall take account of the observations made by the FHSA and of any representations made by the doctor in response;
in determining the application, may refuse to vary the condition in question, or may—
in the case of a condition mentioned in paragraph (1)(a)(i), vary the condition by imposing in relation to the doctor such other condition mentioned in regulation 15(1)(a) to (e) as has been requested in the application; and
in the case of a condition mentioned in paragraph (1)(a)(ii), vary the condition by specifying therein such other part or parts of the relevant locality (in which the doctor is to be excluded from providing general medical services) as that Committee considers appropriate,
shall give notice of its decision in writing to the doctor and to the FHSA.
Where the Medical Practices Committee refuses under paragraph (7)(b) to vary a condition it shall, when it gives notice to the doctor of its decision—
include with the notice—
a statement of the reasons for its decision, and
in any case where the observations made by the FHSA to the Medical Practices Committee in pursuance of paragraph (3) supported the application, a copy of that part of those observations, and
advise the doctor in writing of his right of appeal under paragraph (10).
Where the Medical Practices Committee varies a condition in the manner mentioned in head (ii) of paragraph 7(b), it shall, when it gives notice to the doctor of its decision—
include with the notice a statement of the reasons for its decision; and
advise the doctor in writing of his right of appeal under paragraph (10).
A doctor may appeal to the Secretary of State on a point of law against the refusal of the Medical Practices Committee to vary a condition under this regulation or its variation of a condition in the manner mentioned in head (ii) of paragraph (7)(b), and—
paragraphs (2) to (9) of regulation 17 shall apply to the making and determination of any such appeal; and
where the Secretary of State allows such an appeal, he shall remit the application to that Committee for reconsideration, and regulation 17(11) shall apply in that event.