The National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1989

Amendment of regulation 17 of the principal Regulations

13.  In regulation 17 of the principal Regulations (limitation of number of persons on doctors' lists)–

(a)the words in paragraph (1) from “For the purposes” to the end of the paragraph shall be deleted;

(b)after paragraph (1) there shall be inserted the following paragraph:–

“(1A) For the purpose of determining under paragraph (1) the number of persons a doctor may have on his list, a doctor who is in partnership shall be treated as an assistant, and not a partner, unless the Committee or, on appeal, the Secretary of State is satisfied that he–

(a)discharges the duties and exercises the powers of a principal in connection with the practice of the partnership; and,

(b)either–

(i)in the case of a doctor whose approved hours are not less than 26 hours per week, he is entitled to a share of the profits which is not less than one third of the share of the partner with the greatest share, or

(ii)in the case of a doctor whose approved hours are less than 26 hours per week but not less than 19 hours per week he is entitled to a share of the profits which is not less than one quarter of the share of the partner with the greatest share; or

(iii)in the case of a doctor whose approved hours are less than 19 hours per week but not less than 13 hours per week he is entitled to a share of the profits which is not less than one fifth of the share of the partner with the greatest share.”;

(c)after paragraph (7) there shall be added the following paragraph:–

“(8) In this regulation, “approved hours” means, in relation to any doctor, the period approved by the Committee in his case, pursuant to paragraph 25 of the terms of service, during which he is normally to be available to his patients.”.