OpenLegislation

Paragraph 32 Doctors available for only 4 days a week

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

(1)

A doctor shall not, without the consent of the FHSA or, on appeal, the Medical Practices Committee, carry on practice at any house, flat, surgery, branch surgery, or other similar premises (referred to in this paragraph as “the practice premises”) which have been previously occupied or used for the purpose of his practice by another doctor (referred to in this paragraph as “the former occupant”) whose practice has been declared vacant and to whose practice a successor has been, or is to be, appointed; but this provision shall not apply—

(a)

where the former occupant or his executors or administrators has or have, in agreement with the FHSA, made an offer to the successor on his appointment to sell or let to him the practice premises upon terms to be approved by the Medical Practices Committee and upon terms that the offer cannot be withdrawn within one month from the date on which the successor was appointed, and the successor has failed or refused to accept the offer before the expiry thereof;

(b)

where such an offer was made to the successor and accepted by him before its expiry and the approval of the Medical Practices Committee has been given to the terms of the proposed agreement;

(c)

after the expiry of a period of 12 months from the date on which the successor was appointed;

(d)

where the former occupant was a member of a partnership and the doctor concerned is another member of the partnership who acquires the practice premises in accordance with the terms of a partnership agreement which has been in operation for a period of 12 months before the date on which notice of the former occupant’s intended retirement was given to the FHSA concerned, or the date of the former occupant’s death; or

(e)

where the doctor is using the practice premises in consequence of temporary arrangements for the carrying on of the practice made either under regulation 25 or by agreement between the former occupant or his executors or administrators and the successor pending the approval of the Medical Practices Committee to a proposed sale or lease of the practice premises to the successor.

(2)

In this paragraph “successor” means the doctor appointed by the Medical Practices Committee to succeed to the practice in accordance with regulations 13, 14 and 17, and “the date on which the successor was appointed” means—

(a)

the date on which the successor is informed that no appeal has been made to the Secretary of State;

(b)

in the event of an appeal, the date on which the successor is notified of the Secretary of State’s decision to dismiss the appeal.