Regulation 21 Assignment of persons to doctors
Where—
a person who is not on the list of any doctor has been refused acceptance by a doctor for inclusion in his list; or
a person has been refused acceptance by a doctor as a temporary resident,
he may apply to the FHSA for assignment to a doctor, and the provisions of this regulation shall apply in relation to that application.
An application under paragraph (1) shall be made in writing and shall be considered by the FHSA, which shall assign the applicant to such doctor in its medical list as it thinks fit, having regard to—
the respective distances between the person’s residence and the practice premises of the doctors in the part of the locality in question;
whether within the previous six months the person has been removed from the list of any doctor in that part of the locality at the request of that doctor; and
such other circumstances, including those concerning the doctors in that part of the locality and their practices, as the FHSA think relevant,
and shall notify the doctor accordingly.
Nothing in paragraph (2) shall—
require a doctor to provide child health surveillance services, contraceptive services, maternity medical services or minor surgery services for a patient who is assigned to him unless, pursuant to regulation 28, 29, 31 or 33, as the case may be, he has accepted that patient for the provision of such services; or
enable the FHSA to assign any person to a doctor whose list is at or exceeds the maximum permitted by regulation 24, without the consent of the Secretary of State.
Where the Secretary of State refuses his consent for the purpose of paragraph (3)(b), and the FHSA is satisfied, after due enquiry, that the person concerned still wishes to be assigned to a doctor it shall, as soon as practicable, assign that person to another doctor or, as the case may be, seek the Secretary of State’s consent, where required under paragraph (3)(b), for assignment to another doctor.
A doctor to whom a person has been assigned by the FHSA under paragraph (2) or (4) may, within 7 days of receiving notice of it, make representations in writing to that FHSA against that assignment.
Where representations are made under paragraph (5) the FHSA shall, subject to paragraphs (7) and (8), at its next meeting, review its initial assignment and shall either confirm or revise it.
Where a doctor makes representations under paragraph (5), the FHSA shall, before meeting to confirm or revise the assignment, give that doctor the opportunity to address it in the course of an oral hearing in support of those representations.
No person who participated in the making of an initial assignment under this regulation shall participate in a review under paragraph (6).
The FHSA shall, within 7 days of making a determination under paragraph (7), notify the doctor accordingly, and, where an initial assignment made under paragraph (2) has been revised, it shall notify also the patient and the other doctor to whom the patient is assigned under the revised determination.
A doctor who has made representations under paragraph (5) shall remain responsible for the treatment of the person assigned to him pending notification under paragraph (9) of the confirmation or revision of the assignment by the FHSA.
The FHSA may exempt from the liability to have persons assigned to him under this regulation any doctor who applies to that FHSA for that purpose, and in considering such an application shall have regard to the doctor’s age, state of health and the number of persons on his list and the FHSA shall notify any such doctor in writing of any decision under this paragraph.