Joint Committee on Statutory Instruments Twenty-Ninth Report



APPENDIX 1

Memorandum from the Department of Health

NATIONAL HEALTH SERVICE (GENERAL MEDICAL SERVICES SUPPLEMENTARY LIST) (AMENDMENT) REGULATIONS 2002 (S.I. 2002/848)

1. The regulations are being laid on 28 March 2002 and are to come into force on 1st April 2002. The Department regrets that it is thus necessary to break the "21-day rule". The reasons for this are as follows.

2. The regulations amend regulations made under section 43D of the National Health Service Act 1977 (as inserted by Section 24 of the Health and Social Care Act 2001). The regulations are the National Health Service (General Medical Services Supplementary List) Regulations 2001 (S.I. 2001/3740) ("the 2001 Regulations"), which were made on 22nd November.

3. The 2001 Regulations require Health Authorities to prepare and publish a supplementary list of all doctors approved for the purposes of assisting in the provision of general medical services. Doctors wishing to be included on this list from 1st April 2002 have to make an application before 31st March 2002([2]).

4. Regulation 6 of the 2001 Regulations makes provision for the grounds on which a Health Authority may or must refuse to include a doctor in its supplementary list. Regulation 6(2)(d) requires that a Health Authority must refuse to include a doctor in its supplementary list if it is not satisfied that he is suitably experienced within the meaning of Section 31 of the National Health Service Act 1977. This excludes doctors with an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 (S.I. 1994/3130) ("the 1994 Regulations") from inclusion in the supplementary list. Regulation 5(4)(b) of the 1994 Regulations specifically states that such a doctor is not entitled to be considered to be suitably experienced for the purposes of Section 31 of the National Health Service Act 1977 merely because he has an acquired right under regulation 5(1)(d) of the 1994 Regulations.

5. It was not the Department's intention to make such doctors ineligible for inclusion in a Health Authority's Supplementary List. Health Authorities are considering the applications that have been made to join the supplementary list and it has now become apparent that the effect of regulation 6(2)(d) is to exclude the category of doctors as set out above.

6. It is essential that these regulations be made now to make the necessary amendment to regulation 6(2)(d) of the 2001 Regulations and that they come into effect from 1st April 2002 to ensure that the doctors affected can continue to work after 1st April 2002. There are estimated to be 100 affected doctors.

28 March 2002

 

 

Further memorandum from the Department of Health

NATIONAL HEALTH SERVICE (GENERAL MEDICAL SERVICES SUPPLEMENTARY LIST) (AMENDMENT) REGULATIONS 2002 (S.I. 2002/848)

1. The Joint Committee has requested a Memorandum on the following point:

2. The Department's memorandum explains that these Regulations correct an unintended consequence of S.I. 2001/3740. Have arrangements been made for copies of these Regulations to be made available free of charge to purchasers of the 2001 Regulations? If not, why not, and if so, why do the Regulations not bear a headnote to that effect? (See paragraphs 3.24 and 3.25 of Statutory Instrument Practice).

3. The Department did not originally intend that copies of these Regulations should be issued free of charge. However, in the light of the Committee's comments, the Department has now made arrangements for the Regulations to be made available free of charge, and they will be reprinted with the appropriate headnote. Copies will be distributed automatically to known purchasers of both the 2001 Regulations and of S.I. 2002/848.

7 May 2002

 


2  ) Regulation 16(5) of the National Health Service (General Medical Services) Amendment (No.4) Regulations 2001 (S.I. 2001/3742) inserted paragraph 23A into Schedule 2 of the National Health Service (General Medical Services) Regulations 1992 (S.I.1992/635). Paragraph 23A provided that doctors had to make an application by 28th February 2002. Regulation 31 of the National Health Service (General Medical Services) (Amendment) Regulations 2002, which were laid on 11th March 2002 and which come into force on 1st April 2002, extended that date to 31st March 2002. Back

 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2002
Prepared 20 May 2002