The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Outstanding appeals against refusal of approval under regulation 18A or 18B of the 1992 Regulations

39.—(1) Where, on 31st March 2004—

(a) a Primary Care Trust had refused to approve a medical practitioner under regulation 18A or 18B of the 1992 Regulations; and

(b) he had a right of appeal under regulation 18G or 18GG of the 1992 Regulations(1) and the time for appealing had not yet expired,

the time for appealing shall continue as if those regulations had not been revoked.

(2) Where a medical practitioner whose nomination a Primary Care Trust had refused to approve under regulation 18A or 18B of the 1992 Regulations—

(a) had, on or before 31st March 2004, given notice of appeal to the FHSAA under regulation 18G or 18GG of the 1992 Regulations but that appeal had not yet been determined or withdrawn; or

(b) has given notice of such an appeal after 31st March 2004 pursuant to paragraph (1),

that appeal shall continue to be dealt with as if regulation 18G or, as the case may be, 18GG of the 1992 Regulations had not been revoked.

(3) Where—

(a) following an appeal dealt with under paragraph (2), the FHSAA determines that the nomination of the medical practitioner should have been approved by the Primary Care Trust; and

(b) a default contractor or a general medical services contractor notifies the Primary Care Trust that the person concerned is to join it as a partner,

the Primary Care Trust shall add that person’s name to its medical performers list unless he is already on the medical performers list of another Primary Care Trust and is not withdrawing from that list.

(1)

Regulation 18G was substituted by S.I. 1998/2838 and amended by S.I. 2001/3742 and 2002/554 and 2469; regulation 18GG was inserted by S.I. 2001/3742 and amended by S.I. 2002/2469.