Hansard

Distribution Of General Medical Services

Volume 169: debated on Wednesday 14 March 1990

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Amendment made: No. 118, in page 22, line 31, at end insert—

'(2) At the beginning of subsection (2) of that section (the Medical Practices Committee to select the persons whose applications are to be granted) there shall be inserted "Subject to subsection (2A) below" and after that subsection there shall be inserted the following subsection—

(2A) If, in the opinion of the Medical Practices Committee, a medical practitioner is required for a particular part of the locality of a Family Health Services Authority, then, in such circumstances as may be prescribed,—

  • (a) the Authority (instead of the Committee) shall, in accordance with regulations, select the medical practitioner whose application they wish to be considered by the Committee; and
  • (b) the Committee shall not consider any application from a medical practitioner who is not so selected; and
  • (c) any medical practitioner who has made an application but is not so selected may appeal to the Committee on a point of law; and if the Committee allow an appeal under paragraph (c) above they shall remit the application to the Authority for reconsideration."

    • (3) In subsection (4) of that section (applications under section 30 may be granted subject to certain conditions), after the words "subject to" there shall be inserted "(a)" and at the end of the subsection there shall be added "or

    (b) prescribed conditions limiting, by reference to hours or the sharing of work, the provision of general medical services for which the applicant will be entitled to be remunerated;

    and an order under subsection (1A) above may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions imposed under paragraph (b) above".(4) In subsection (5) of that section (appeals to the Secretary of State) for the words following "Secretary of State", in the first place where those words occur, there shall be substituted "on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical

    Practices Committee for reconsideration".

    (5) Subsection (7) of that section (directions on a successful appeal) shall be omitted.

    (6) In subsection (8) of that section (matters to be taken into account) for the words from the beginning to "in any case" there shall be substituted "In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) above applies, the Family Health Services Authority shall".

    (7) In section 34 of the principal Act (regulations for Medical Practices Committee)—

  • (a) in paragraph (b)(ii) for the words "under section 33 above" there shall be substituted "or the Medical Practices Committee under section 33 above and, where such an appeal is allowed, the reconsideration of any application"; and
  • (b) at the end of the section there shall be added the following subsection—

    • "(2) Regulations under this section may make provision for, and in connection with, the variation of any condition imposed under subsection (4) or subsection (5) of section 33 above.".'.— [Mr. Kenneth Clarke.]