PART II continued
(1) In the 1978 Act, after section 19, insert—
(1) A Health Board may not, under section 19, arrange with a medical practitioner for him to provide general medical services for persons in the Board’s area unless his name is included in the Board’s medical list.
(2) A medical practitioner is entitled to be included in a Health Board’s medical list only if—
(a) he is eligible for inclusion in the list; and
(b) he is nominated or approved, in accordance with regulations under section 19B, for appointment to fill a vacancy which relates (whether wholly or in part) to the area of the Board.
(3) A medical practitioner is eligible for inclusion in a medical list if—
(a) he has not attained the age specified in regulations under section 8 of the [1988 c. 49.] Health and Medicines Act 1988 (retirement age for practitioners); and
(b) he is not disqualified, or treated as disqualified, from inclusion in the list by virtue of a direction of the Tribunal constituted under section 29 or any corresponding tribunal in England and Wales or Northern Ireland.
(4) Regulations may make provision in relation to delaying a person’s inclusion in a medical list in prescribed circumstances.
(5) This section is subject to section 19(5) (temporary provision of general medical services) and any provision of, or made under, an enactment relating to the right of a medical practitioner to transfer to a medical list.
(6) In this Act “medical list”, in relation to a Health Board, means the list of medical practitioners undertaking to provide general medical services for persons in their area, kept by the Board under regulations made under section 19(2)(a).
(1) Regulations may make provision in relation to the filling of vacancies for medical practitioners to provide general medical services.
(2) The regulations may, in particular, include provision for—
(a) references by a Health Board to the Medical Practices Committee as to whether there is, or will be, a vacancy for a medical practitioner in a locality;
(b) the determination of such references by the Medical Practices Committee;
(c) the determination by the Medical Practices Committee of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;
(d) the determination by a Health Board of whether a vacancy is to be filled by a member of a partnership or by a sole practitioner;
(e) the nomination by a Health Board of a medical practitioner for appointment to fill a vacancy as a sole practitioner;
(f) the approval by a Health Board of a medical practitioner for appointment to fill a vacancy as a member of a partnership.
(3) The regulations may also make provision in relation to—
(a) criteria to be applied in making decisions under the regulations,
(b) the variation or revocation of such decisions (including appeals to the Secretary of State on points of law), or
(c) vacancies relating to the area of one Health Board which also relate to the area of another Health Board or a Health Authority,
and may contain such transitional provisions as the Secretary of State considers appropriate.
(4) Regulations which make provision about vacancies which relate partly to the area of a Health Authority may, in particular, provide that section 19A(2)(b) is to have effect in prescribed circumstances as if the reference to regulations under this section were a reference to regulations under section 29B of the [1977 c. 49.] National Health Service Act 1977.
(5) In this section—
“conditions of practice” means conditions—
specifying, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which a person is entitled to be remunerated; and
specifying the locality in which a person is entitled to provide general medical services;
“Health Authority” has the same meaning as in the National Health Service Act 1977;
“locality”, in relation to a Health Board, means the Board’s area or a particular part of their area; and
“sole practitioner” means a medical practitioner providing general medical services otherwise than in partnership with one or more other medical practitioners.
(6) This section does not affect the power to make regulations under section 19.”
(2) Omit section 20 (applications to provide general medical services).
(3) In section 21 (requirement of suitable experience) for subsection (1) substitute—
“(1) Regulations under section 19B must secure that a medical practitioner is not nominated or approved by a Health Board for appointment to fill a vacancy unless he is suitably experienced.”
(1) In the 1977 Act, for section 54 (sale of medical practices), substitute—
(1) It is unlawful to sell the goodwill of the medical practice of a person who has at any time—
(a) provided general medical services under arrangements made with any Council, Committee or Authority under the [1946 c. 81.] National Health Service Act 1946, the [1973 c. 32.] National Health Service Reorganisation Act 1973 or this Act, or
(b) provided or performed personal medical services in accordance with section 28C arrangements,
unless that person no longer provides or performs such services and has never carried on the practice in a relevant area.
(2) In this section—
“goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;
“medical practice” includes any part of a medical practice; and
“relevant area”, in relation to any Council, Committee or Authority by arrangement with whom a person has at any time—
provided general medical services, or
provided or performed personal medical services in accordance with section 28C arrangements,
means the area, district or locality of that Council, Committee or Authority (at that time).
(3) Schedule 10 supplements the provisions of this section.”
(2) In the 1978 Act, for section 35 (sale of medical practices), substitute—
(1) It is unlawful to sell the goodwill of the medical practice of a person who has at any time—
(a) provided general medical services under arrangements made with any Executive Council or Health Board under the [1947 c. 27.] National Health Service (Scotland) Act 1947, the [1972 c. 58.] National Health Service (Scotland) Act 1972 or this Act, or
(b) provided or performed personal medical services in accordance with section 17C arrangements,
unless that person no longer provides or performs such services and has never carried on the practice in a relevant area.
(2) In this section—
“goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;
“medical practice” includes any part of a medical practice; and
“relevant area”, in relation to any Executive Council or Health Board by arrangement with whom a person has at any time—
provided general medical services, or
provided or performed personal medical services in accordance with section 17C arrangements,
means the area of that Council or Board (at that time).
(3) Schedule 9 supplements the provisions of this section.”
(1) The [1983 c. 54.] Medical Act 1983 is amended as follows.
(2) In subsection (2) of section 10 (experience required for full registration as a medical practitioner), for “approved hospitals or approved institutions,” substitute “—
(a) approved hospitals,
(b) approved institutions, or
(c) approved medical practices,”.
(3) In subsection (3) of section 11 (construction of section 10, etc), after the first “where” insert “—
(a) in the case of an approved hospital or an approved institution,”, and at the end insert
(b) in the case of an approved medical practice, the person employed satisfies such conditions as to residence as may be prescribed”.
(4) In subsection (4) of section 11—
(a) insert in the appropriate place—
““medical practice” means a prescribed description of practice in which one or more medical practitioners—
(a) provide general medical services under Part II of the [1977 c. 49.] National Health Service Act 1977, Part II of the [1978 c. 29.] National Health Service (Scotland) Act 1978 or Part VI of the [S.I. 1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972; or
(b) perform personal medical services in accordance with arrangements made under section 28C of the 1977 Act, section 17C of the 1978 Act or the corresponding provisions of the law in force in Northern Ireland;”;
(b) in the definition of “prescribed”, after “means” insert “—
(a) in subsection (3)(b) and in the definition of “medical practice”, prescribed by regulations made by the Secretary of State; and
(b) in the other provisions of this Part,”.
(5) After subsection (4) of section 11 insert—
“(4A) The Education Committee may by regulations provide that the period of employment in a medical practice which may be reckoned towards the completion of any of the periods mentioned in section 10(3)(a) above shall not exceed such period as may be specified in the regulations.”
(6) In subsection (5) of section 11, after “under subsection (2) of section 10 above” insert “or under subsection (4A) of this section”.
(7) After subsection (6) of section 11 insert—
“(7) Regulations made by the Secretary of State under this section must be made by statutory instrument; and such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”