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Regulation 5 Application for inclusion in the medical list or to succeed to a vacancy

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application by a doctor for the inclusion of his name in the medical list shall be made except in a case to which paragraph (2) applies, by sending to the FHSA an application in writing which shall include the information and undertakings specified in Part I of Schedule 3.

(2)

An application by a doctor—

(a)

to succeed to a practice declared vacant; or

(b)

to fill a vacancy which has arisen where the Medical Practices Committee has resolved that an additional doctor is required in a locality otherwise than in succession to another doctor,

shall be made, by sending the application to the FHSA by no later than the date specified in the notice given under regulation 12 in respect of the vacancy to which the application relates, or within such further period as that FHSA may for reasonable cause allow, and shall include the information and undertakings specified in Part II of Schedule 3.

(3)

On receiving an application under paragraph (1) the FHSA shall, subject to section 30(1A) of the Actf1 (which contains requirements as to knowledge of English), forthwith send the application to the Medical Practices Committee together with a report containing the information specified in Part IIIA of Schedule 3.

(4)

Where a doctor makes an application for the inclusion of his name in the medical list of more than one FHSA, the FHSA in whose locality resides the largest number of individuals who are expected to be on his list of patients, shall send to the Medical Practices Committee the report mentioned in paragraph (3) and any other FHSA shall send the application to the Medical Practices Committee together with a report containing the information specified in Part IIIB of Schedule 3.

(5)

Where a doctor makes an application for the inclusion of his name in the medical list only as a restricted list principal the FHSA shall send the application to the Medical Practices Committee together with a report containing the information specified in Part IIIC of Schedule 3.

(6)

Where a doctor makes an application for the inclusion of his name in the medical list only as a restricted services principal, the FHSA shall send the application to the Medical Practices Committee together with a report containing the information specified in Part IIID of Schedule 3.

(7)

Before making a report under paragraph (3), (4), (5) or (6), the FHSA shall consult the Local Medical Committee.

(8)

Where a report mentioned in paragraph (3), (4), (5) or (6) does not support a doctor’s application under paragraph (1), the FHSA shall send to the doctor a copy of that part of the report which does 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 that report.

(9)

In paragraph (2)(a) and in paragraph 14(5) of the terms of service “practice declared vacant” means a practice—

(a)

which has been rendered vacant by—

(i)

the death of a doctor included in the medical list by virtue of regulation 4(1)(a), or

(ii)

the withdrawal or removal of such a doctor from the medical list; and

(b)

as respects which the Medical Practices Committee has resolved that a doctor is required to fill the vacancy.

Annotations

Footnotes

f1

Section 30(1A) was added by the Health and Social Security Act 1984, Schedule 3.