for the preparation and publication of lists of medical practitioners who undertake to provide general medical services;

for securing a right to any person to choose or to change, in accordance with the prescribed procedure, the medical practitioner by whom he is to be attended, subject to the consent of the practitioner who is to give the attendance and to any prescribed limit on the number of patients to be accepted by any practitioner;

for the distribution, among medical practitioners whose names are on the aforesaid lists, of any persons who have indicated a wish to obtain general medical services but who have not made any choice of medical practitioner or have been refused by the practitioner chosen;

for the issue to patients or their personal representatives by medical practitioners providing such services as aforesaid of such certificates as may be prescribed, being certificates reasonably required by them under or for the purposes of any enactment;

for the removal from the list of medical practitioners undertaking to provide general medical services for persons in any area of the name of a medical practitioner in whose case it has been determined in such manner as may be prescribed that he has never provided or has ceased to provide general medical services for persons in that area.

for the making of arrangements for the temporary provision of general medical services in an area;

for the circumstances in which a name added to the list by virtue of subsection (5) below may be removed from it.

include provision for the making to a medical practitioner providiong general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; and

provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.

to the making of arrangements for the temporary provision of general medical services; and

to the provision of general medical services in pursuance of any such arrangements,

by a direction of the Health Committee of the General Medical Council under F5section 37(1) or (2) of the Medical Act 1983 (unfitness to practise by reason of physical or mental condition);

by an Order of that Committee under F5section 38(1) of that Act (order for immediate suspension); or

by an interim order of the preliminary Proceedings Committee of the Council under F5section 42(3)(b) of that Act,

if he practises in partnership with other medical practitioners, the relevant Health Board is the Board on whose medical list the members of the practice are included and, if some are included on one Board’s medical list and some on another’s or if any of the members is included on the medical lists of two or more Boards, the relevant Health Board is the Board in whose area resides the largest number of individuals who are on the lists of patients of members of the practice; and

in any other case, the relevant Health Board is the Board on whose medical list he is included and, if there is more than one, the Board in whose area resides the largest number of individuals who are on his list of patients.

the Medical Practices Committee shall refuse any application under section 20 made after that day if the medical practitioner is not suitably experienced; and

a Health Board shall not arrange under section 19 with a medical practitioner for him to provide general medical services for persons in its area unless the Medical Practices Committee have granted an application by him for the inclusion of his name in the list kept by the Board of medical practitioners undertaking to provide general medical services for persons in that area.

has acquired the prescribed medical experience, or

is by virtue of regulations made under section 22 exempt from the need to have acquired that experience,

for prescribing the medical experience needed to satisfy paragraph (a) of section 21(2);

as to the documents which an applicant may or must produce as evidence that he is suitably experienced or has acquired medical experience of any particular kind;

for requiring an applicant who claims to have acquired the prescribed experience to submit particulars of his experience to a prescribed body, and for requiring that body, if satisfied that he has acquired the prescribed experience, to issue him a certificate (a “certificate of prescribed experience") to that effect;

for enabling an applicant without the prescribed experience who considers that the medical experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience to submit particulars of that experience to a prescribed body, and for requiring or enabling that body, if satisfied that the applicant’s medical experience is so equivalent, to issue him a certificate (a “certificate of equivalent experience") to that effect;

for treating an applicant who holds a certificate of equivalent experience as satisfying paragraph (a) of section 21(2);

as to the circumstances or conditions in or subject to which a medical practitioner is exempt from the need to have acquired the prescribed experience;

for conferring on an applicant who is refused a certificate of prescribed experience or a certificate of equivalent experience a right of appeal to a body constituted by the Secretary of State, and for any matter for which it appears to the Secretary of State to be requisite or expedient to provide in consequence of the conferring of that right;

for anything authorised or required by section 21 to be prescribed or otherwise provided for by regulations.

may be exercised so as to make different provision for different areas or different periods of time or in relation to different cases or different circumstances;

includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.

the Board shall, in accordance with regulations, select the medical practitioner whose application they wish to be considered by the Committee; and

the Committee shall not consider any application from a medical practitioner who is not so selected; and

any medical practitioner who has made an application but is not so selected may appeal to the Secretary of State on a point of law;

in granting an application shall specify, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which the applicant will be entitled to be remunerated; and

the Committee may grant an application subject to conditions excluding the provision of general medical services by the applicant in such part of parts of the area of the Health Board as the Committee may specify.F16and an order under subsection (1A) 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 renumerated work is limited by virtue of conditions imposed under paragraph (a)

shall be granted in addition to those already granted; or

shall be granted instead of such one of those applications as he may specify.

have regard to any desire expressed by any applicant to practise with other medical practitioners already providing general medical services in the area or part of an area concerned and to any desire expressed by such other practitioners to take any applicant into practice with them;

have special regard to such matters in cases where an applicant is related to any other such practitioner.

a Part II practitioner who, in connection with any obligation of his to provide general medical services, enters into arrangements under which a Part I practitioner deputises, or is engaged to deputise, for him; or

a Part II practitioner who enters into arrangements under which he deputises, or is engaged to deputise, for a Part I practitioner, in connection with that practitioner’s obligation to perform personal medical services in accordance with section 17C arrangements.

modify any liabilities or obligations which would otherwise be applicable by virtue of this Part;

apply (with or without modifications) any provision made by or under this Part (including any provision so made by virtue of section 17 of the M1Health and Medicines Act 1988).

make provision for the application (with such modifications as the Scottish Ministers think fit) to supplementary lists or to persons who are, have been or seek to be included in a supplementary list, of;

in relation to such lists and persons, make provision analogous to any provision made by,

who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in a Health Board’s supplementary list unless he satisfies the Board that he has that knowledge of English which, in the interests of himself and his patients, is necessary for him to assist in the provision of general medical services in the Board’s area; or

shall be so entitled unless he is suitably experienced.

has acquired such medical experience as may be prescribed; or

is by virtue of regulations made under this subsection, being regulations analogous to those made under section 22, exempt from the need to have acquired that experience,

for the preparation and publication of lists of dental practitioners who undertake to provide general dental services;

for conferring a right on any person to choose in accordance with the prescribed procedure the dental practitioner from whom he is to receive general dental services, subject to the consent of the practitioner so chosen;

for the removal from the list of dental practitioners undertaking to provide general dental services for persons in any area of the name of a dental practitioner in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, general dental services for persons in that area.

the remuneration is paid in pursuance of arrangements made under section 33, or

the services are provided in prescribed circumstances and the practitioner consents,

by an order under F35section 32 of the Dentists Act 1984 (interim suspension); or

by a direction or F36an order of the Health Committee under that Act (health cases),

of a child;

of a person whose resources fall to be treated under the regulations as being less than his requirements or as being equal to his requirements; or

of a person of such other description as may be prescribed.

a person who is under the age of 16 years; or

a person who is under the age of 19 years and receiving qualifying full-time education; and

by a method set out in the regulations;

by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;

by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

by reference to the person’s being, or having been, entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

their age;

the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit; and

the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits.

as it has effect at the time when the regulations are made; or

both as it has effect at that time and as amended subsequently.

whose sight is tested by a person who provides general ophthalmic services; and

who is shown during the testing or within a prescribed time after it to fall within subsection (1) above,

for the preparation and publication of lists of medical practitioners, F39and opthalmic opticians respectively who undertake to provide general ophthalmic services;

for conferring a right, subject to the provisions of this Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, F40or any ophthalmic optician, who wishes to be included in the appropriate list, to be so included;

for conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his sight is to be tested or from whom any prescription for the supply of optical appliances is to be obtained F41;

for the removal from the list of medical practitioners, F42or ophthalmic opticians undertaking to provide general ophthalmic services for persons in any area of the name of a medical practitioner, F43or opthalmic optician, as the case may be, in whose case it has been determined, in such manner as may be prescribed, that he has never provided or has ceased to provide general ophthalmic services for persons in that area.

power to prescribe a requirement that the practitioner shall show, to the satisfaction of a committee recognised by the Secretary of State for the purpose, that he possesses such qualifications (including qualifications as to experience) as may be mentioned in the regulations, and

power to confer on a person who is dissatisfied with the determination of such a committee, a right of appeal to a committee appointed by the Secretary of State, and to make provision for any matter for which it appears to the Secretary of State to be requisite or expedient to make provision in consequence of the conferring of that right.

proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the health service for England and Wales, the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony), and

proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by that Board F46or by an NHS trust of dental services; and

listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by him of general dental services F47; and

such services as may be prescribed,

for the preparation and publication by a Health Board of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the Board’s area;

that an application to a Health Board may be granted in respect of some only of the F51pharmaceutical services specified in it;

that an application to a Health Board relating to F51pharmaceutical services of a prescribed description shall be granted only if it appears to the Board that the applicant has satisfied such conditions with regard to the provision of those F51pharmaceutical services as may be prescribed;

that an application to a Health Board by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the Board that he has the knowledge of English which, in the interests of himself and the persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Board’s area.

that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;

that, where the premises from which an application states that the applicant will undertake to provide F51pharmaceutical services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by a prescribed body and by reference to F53prescribed criteria; and

that the prescribed body may give its approval subject to conditions.

a person included in a list published under subsection (3)(a) above; and

an employee of such a person;

give directions to a Health Board requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or

by giving directions to a Health Board authorise them to arrange for such provision if they wish to do so.

to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;

to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.

the provision of the same service by the same person but in different circumstances; or

the provision of the same service by different persons.

published by the Health Authority concerned, or by any other Health Authority, in accordance with regulations made under section 27(2)(a) of this Act; or

published by any body in accordance with regulations made under section 42(2)(a) of the M5National Health Service Act 1977or Article 63(2A)(a) of the M6Health and Personal Social Services (Northern Ireland) Order 1972.

salary;

fees;

allowances;

reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services F64or instruction.

that determination may be made with respect either to any of the descriptions of services mentioned in subsection (1) of the preceding section generally or to any category of services falling within such a description;

that a determination such as is mentioned in subsection (3) above shall have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates; and

for determinations of the remuneration of particular persons or descriptions of persons for particular items of service or in particular circumstances;

that any determination which in accordance with regulations made by virtue of paragraph (a)(ii) above falls to be made by reference to a scale or an index or to any other data may be made not only by reference to that index or scale or those data in the form current at the time of the determination but also by reference to the scale, index or data in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.

the amount or estimated amount of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose remuneration the determination will relate) in connection with the provision of services of F66the description to which the determination will relate or of any category falling within that description;

the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services;

the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons;

the extent to which it is desirable to encourage the provision, either generally or in particular places, of the description or category of services to which the determination will relate;

for securing that a person is not be added to any list unless he holds approved indemnity cover;

for the removal from a list prepared by a Health Board of a Part II practitioner who does not within a prescribed period after the making of a request by the Health Board in the prescribed manner satisfy the Health Board that he holds approved indemnity cover.

in a form identified in accordance with the regulations in relation to persons of that description; and

made with a person or persons so identified,

of medical practitioners undertaking to provide general medical services;

of medical practitioners undertaking to provide general ophthalmic services;

of dental practitioners undertaking to provide general dental services;

of ophthalmic opticians undertaking to provide general ophthalmic services;

of persons undertaking to provide pharmaceutical services,

if no appeal is brought, at the end of the period for bringing an appeal, or

if an appeal is brought and the direction of the Tribunal as regards any such list or lists is confirmed by the Secretary of State, on receiving notice of the Secretary of State’s decision,

another person, because of an act or omission of his occurring in the course of providing any services mentioned in section 29(8) on the practitioner’s behalf, meets that condition; and

the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 29(7)(a) occurring in the course of the provision of those services on his behalf.

if the Tribunal determine not to disqualify or conditionally disqualify him when they make that determination;

if they determine to disqualify or conditionally disqualify him and no appeal is brought against the determination, at the end of the period for bringing an appeal;

if they determine to disqualify or conditionally disqualify him and an appeal is brought against the determination, when the appeal process is exhausted.

on inquiring into an efficiency case, that the person meets the first condition for disqualification;

on inquiring into a fraud case, that the person meets the second condition for disqualification.

shall make a local disqualification, that is disqualify him for inclusion in the list to which the case relates; and

may also make a national disqualification, that is disqualify him for inclusion in all lists within the same paragraph of section 29(8) as that list.

removing any prejudice to the efficiency of the services in question; or

preventing any acts or omissions within section 29(7)(a),

vary the terms of service of the person subject to the inquiry (including terms imposed by regulations under this Part);

confer functions on any Health Board,

be deemed to have been removed from any relevant list in which his name is included,

be disqualified for inclusion in any relevant list in which his name is not included, and

be deemed to be a person in relation to whom there is in force a declaration under section 29(3)(c) concerning his fitness to be engaged in the provision of services of the relevant kind.

“relevant list” means a list prepared under this Part of this Act of persons undertaking to provide services of the kind to which the direction applying the subsection to him relates, and

“services of the relevant kind” means services of the kind to which that direction relates.

on disposing of a case under section 29, the Tribunal make a direction under subsection (3)(b) of that section, and

the person to whom the direction relates is a person to whom section 32A(3) above would, apart from this section, cease to apply on the disposal of the case,

where no appeal against the direction under section 29(3)(b) is brought, at the end of the period for bringing an appeal, and

where an appeal against that direction is brought, when the appeal process has been exhausted.

to be heard and to call witnesses and produce other evidence.

make provision for, or for the determination of, procedure in relation to determining applications under section 32A or the exercise of the power conferred by section 32B(1), and

provide for the functions of the Tribunal under section 32A or 32B to be carried out, or to be carried out in prescribed circumstances, by the chairman or a deputy chairman of the Tribunal.

be disqualified for inclusion in any list prepared under this Part of this Act of persons undertaking to provide services of the same kinds (“relevant list") in which his name is not included, and

be deemed to have been removed from any relevant list in which his name is included.