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29A. -(1) Subject to the provisions of this paragraph, a doctor may apply to the FHSA for approval to treat patients at premises other that his practice premises outside the hours for which he is normally available pursuant to paragraph 29 (in this paragraph referred to as "normal hours").
(2) An application under sub-paragraph (1) shall be made in writing and shall state the address of the premises.
(3) An application under sub-paragraph (1) shall not be approved by the FHSA unless it is satisfied that-
(a) having regard to the fact that the premises are for the treatment of patients outside normal hours and to all other relevant circumstances, the premises to which the application relates are likely to be reasonably convenient to the doctor's patients; and
(b) the location of those premises is in accordance with any condition imposed in relation to the doctor making the application pursuant to section 33(4)(b) of the Act (distribution of general medical services).
(4) Sub-paragraph (10) to (15) of paragraph 29 shall apply to an application under sub-paragraph (1) of this paragraph as they apply to an application under paragraph 29(1).
(5) Where an FHSA determines an application under sub-paragraph (1) by granting approval (with or without conditions), the doctor shall inform his patients by displaying a notice at his practice premises, stating the address of the premises for which approval has been granted.
(6) A doctor may apply to the FHSA for a variation of any approval granted under this paragraph, and any such application shall be made and determined as if it were the first application for the purposes of this paragraph.
(7) Where is appears to the FHSA that premises which it had approved under this paragraph may no longer be reasonably convenient to the doctor's patients, it may give notice to the doctor that it proposes to review the terms of the approval.
(8) On any review under sub-paragraph (7), the FHSA shall allow the doctor a period of 30 days beginning with the date on which he receives the notice within which to make representations to the FHSA about its proposals.
(9) After considering any representations made in accordance with sub-paragraph (8), the FHSA may determine to-
(a) continue its approval;
(b) continue its approval subject to such new or varied conditions as it sees fit to impose; or
(c) withdraw its approval.
(10) The FHSA shall notify the doctor in writing of its determination under sub-paragraph (9); and where it determines to withdraw its approval or continue it subject to new or varied conditions, it shall include with the notice a statement in writing of the reasons for its determination and of the doctor's right of appeal under sub-paragraph (11).
(11) A doctor may, within the period of 30 days beginning with the date on which he receives the notice referred to in sub-paragraph (10), appeal in writing to the Secretary of state against the withdrawal of approval or against any condition imposed pursuant to sub-paragraph (9); and sub-paragraphs (14) and (15) shall apply to any such appeal as they apply to an appeal under that paragraph.
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| Book Title: NHS GMS Regulations | ||