Joint Committee on Statutory Instruments Twelfth Report


Memorandum by the Department of Health


  1. The Committee has asked for a memorandum on the following point:

    Regulation 7(2) inserts a new definition of "Doctors' Retainer Scheme", in paragraph 1 of Schedule 2 to the 1995 Regulations. This adopts the definition in paragraph 39 of the Statement referred to. State what this definition is and why the text of it was not set out here.

  2. The Statement referred to is the Statement of Fees and Allowances payable to General Medical Practitioners in England and Wales, published by the Secretary of State in accordance with regulation 34 of the National Health Service (General Medical Services) Regulations 1992 (S.I. 1992/635). A copy of paragraph 39 of that Statement is annexed to this Memorandum.

  3. As the text of paragraph 39 is disproportionately long in comparison with existing definitions in paragraph 1 of Schedule 2 to the 1995 Regulations, it was thought preferable to incorporate paragraph 39 by reference in the definition of "Doctors' Retainer Scheme" rather than reproduce the substance of that paragraph in the definition. It was also thought that, as the principal users of the definition would be officers of the Department's NHS Pensions Agency, or general medical practitioners or their advisers - all of whom are familiar with, and have ready access to, the Statement - such incorporation by reference was likely to prove more convenient to readers of the 1995 Regulations than a free-standing definition.

4th November 1997

Extract from Statement of Fees and Allowances Payable to General Medical Practitioners in England and Wales


Arrangements for general practice sessions

  39.1 Clinical tutors will arrange for doctors in the Scheme to do service sessions in general practice where the doctor so wishes and the clinical tutor agrees. The service sessions will be undertaken in practices considered suitable for this purpose by the Regional Postgraduate Education Committee (in Wales, the Standing Committee on Postgraduate Medical and Dental Education) who will have the views of Regional Advisors in General Practice (in Wales, the Postgraduate Dean) available to them. The doctor will undertake the sessions as an assistant employed by the practice concerned. The time the doctor works in the practice will be a matter for agreement between the doctor, the members of the practice and the clinical tutor; and their terms of employment will be a matter for agreement between the doctor and the members of the practice. The Scheme is primarily intended to help women doctors to keep in touch with general practice but there is no bar to men being included in it.


  39.2 Payments will be made by the HA up to a maximum of the appropriate fee for a notional half-day per week to practitioners who employ a member of the Scheme as an assistant. The practice should inform the HA of any increase or decrease in the time the doctor spends in the practice from that notified to the HA so that any adjustment due can be made to the payments.

Level of Fee

  39.3 The fee shown in paragraph 1/Schedule 1 is that appropriate for a notional half-day of 3.5 hours. The practice concerned should agree with the HA the number of notional half-days given to the practice by the member of the Scheme in any convenient period, e.g., of 3 months.

Other arrangements

  39.4 All other arrangements are the responsibility of the NHS Executive (in Wales, the Welsh Office) in conjunction with the appropriate Advisory Committee and clinical tutors working under the auspices of Postgraduate Deans and Regional Postgraduate Medical Committees.

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