Regulation 30 Obstetric list
The FHSA shall maintain a list (in these Regulations referred to as “the obstetric list”) of the names of—
those doctors who, on 31st March 1992, were included in an obstetric list maintained by that FHSA; and
those doctors who have satisfied the FHSA or, on appeal, the Secretary of State, in accordance with the following provisions of this regulation, that they have such medical experience and training as are necessary to enable them to be included in the obstetric list.
A doctor may apply, in accordance with paragraph (3), to the FHSA for the inclusion of his name in the obstetric list maintained by that FHSA.
An application for the purpose of paragraph (2) shall be made in writing and shall include the information specified in Part X of Schedule 3.
Unless the doctor otherwise agrees, the FHSA shall determine an application made in accordance with paragraph (3) within 2 months of receiving it.
Subject to paragraphs (6) and (7), the FHSA shall grant an application by a doctor for the inclusion of his name in the obstetric list where it is satisfied that the applicant has undertaken such training and has such experience relevant to the provision of maternity medical services as are sufficient to enable him to be included in the obstetric list.
Before reaching any decision under paragraph (4), the FHSA—
may hold an oral hearing and shall not decide to refuse an application without giving the doctor an opportunity of an oral hearing;
shall have regard to whether or not the applicant satisfies one or more of the criteria set out in Schedule 5, Part I; and
shall seek, and take into account, any medical advice it considers necessary to enable it to determine the application provided that where it seeks such advice, it shall consult the Local Medical Committee.
Where the FHSA decides to hold an oral hearing, it shall, not less than 14 days before the date fixed for the hearing, give notice in writing to the doctor.
Where the FHSA is considering whether to grant an application in a case where the applicant satisfies none of the criteria set out in Schedule 5, Part I, it shall consult the Local Medical Committee.
The FHSA shall determine an application by either—
granting the application; or
refusing the application.
The FHSA shall inform the doctor in writing of its determination and shall—
where it refuses the application, give notice in writing to him of the reasons for the determination and of his right of appeal under paragraph (11);
where it grants the application, forthwith include the doctor’s name in its obstetric list.
If an application is refused the doctor may appeal in writing to the Secretary of State within 30 days of receiving notice in writing of the FHSA’s determination.
On any appeal pursuant to paragraph (11) or (16), the Secretary of State—
may, if he thinks fit, hold an oral hearing of the appeal and in such a case shall—
appoint one or more persons to hear the appeal who shall report to him on the appeal, and
not less than 14 days before the date fixed for the hearing, give notice in writing to the appellant and to the FHSA;
in determining the appeal, shall either confirm or reverse the determination of the FHSA and shall communicate his decision, together with the reasons for it to the appellant and to the FHSA; and
where he reverses the determination of the FHSA, he shall direct that the FHSA include the doctor’s name in its obstetric list.
Subject to paragraphs (14) to (16), a doctor’s name may be removed from the obstetric list only if—
it has been removed from the medical list of any FHSA pursuant to regulation 6(3) or 7; or
the FHSA has determined that the doctor has not provided maternity medical services at any time during the past 5 years.
Before making any determination under sub-paragraph (b) of paragraph (13) the FHSA shall—
give the doctor 30 days' written notice of its intention to do so; and
afford the doctor an opportunity of making representations in writing or, if he so desires, orally to the FHSA.
Where the FHSA makes a determination under sub-paragraph (b) ofparagraph (13), it shall send to the doctor a notice which shall include a statement—
to the effect that, subject to any appeal under paragraph (15), the doctor’s name will, after 30 days from the date of the notice, be removed from the obstetric list maintained by the FHSA;
of the FHSA’s reasons for its determination; and
of the doctor’s right of appeal under paragraph (16).
A doctor who has received a notice in accordance with paragraph (15) may, within 21 days of receiving it, appeal to the Secretary of State against the determination, and pending the determination of the appeal the FHSA shall not remove his name from the obstetric list.
An appeal to the Secretary of State under paragraph (16) shall be made in writing and shall include a statement of the grounds of appeal and on any such appeal the Secretary of State shall, if he allows the appeal, direct that the FHSA shall not remove the doctor’s name from the obstetric list.
The FHSA shall comply with any direction given to it under this regulation.
Where the Secretary of State holds an oral hearing of an appeal pursuant to paragraph (12) the appellant and the FHSA may be represented by counsel, solicitor or any other person.