The National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1990

Amendment of regulation 30D of the principal Regulations

13.  In regulation 30D of the principal Regulations (determination of controlled locality)—

(a)for paragraph (1), there shall be substituted the following paragraph:—

“(1) Subject to the provisions of these Regulations, where, before 17th September 1990—

(a)a Family Practitioner Committee under this regulation as then in force; or

(b)the Rural Dispensing Committee under the provisions of regulation 30F as then in force;

formed an opinion that any area is rural in character, that area shall be a controlled locality.”;

(b)in paragraph (7), for the words “refer an application to the Rural Dispensing Committee” there shall be substituted the words “determine an application under Part VIIIB”.

(c)after paragraph (7) there shall be inserted the following paragraph:—

“(7A) The Family Health Services Authority shall, before making a determination under the preceding paragraphs, give notice in writing to the Local Medical Committee, the Local Pharmaceutical Committee and any doctor or pharmacist who in the opinion of the Family Health Services Authority may be affected by the determination and shall inform them that they may make such representations as they wish to make in writing within one month from the date on which the notice was sent.”;

(d)in paragraph (8), for the words from “notice” to “affected by the determination” there shall be substituted the words “to the persons and bodies mentioned in paragraph (7A) notice in writing of its determination and of the reasons for it”;

(e)for paragraph (9) there shall be substituted the following paragraphs:—

“(9) Subject to paragraph (10), where the question whether or not an area is rural in character has been determined—

(a)by a Family Health Services Authority under this regulation; or

(b)on appeal, under regulation 30F;

that question shall not again be considered in relation to that area or any part of it during the period of five years immediately following the date of the determination.

(10) A question to which paragraph (9) applies may be considered by a Family Health Services Authority during the period referred to in that paragraph only where the Family Health Services Authority is satisfied, whether on an application under paragraph (3) or otherwise, that there has been a substantial change of circumstances in relation to the area in question or any part of it since the question was last determined.”.