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Article 90 Saving and transitory provision in relation to regulations 1 to 11 of the Out of Hours Regulations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this article, expressions used both in this article and in the Out of Hours Regulations have the same meaning as in the Out of Hours Regulations as modified by paragraph (3).

(2)

Notwithstanding the revocation of the Out of Hours Regulations, regulations 1 to 11 of those Regulations shall, until 31st December 2004, continue in force as they had effect on 31st March 2004, subject to the modifications specified in paragraph (3), for the purposes of—

(a)

continuing, suspending and withdrawing approvals of relevant service providers granted under regulation 5 of those Regulations;

(b)

determining applications for approval made to a Primary Care Trust by a relevant service provider under regulation 4 of those Regulations;

(c)

imposing requirements on accredited service providers under regulation 7 of those Regulations; and

(d)

the making and determining of appeals under regulation 10 of those Regulations.

(3)

The modifications referred to in paragraph (2) are as if—

(a)

in regulation 2—

(i)

the definitions of “the 1997 Act”, “General Medical Services Regulations”, “National Health Service Counter Fraud Service”, “normal hours” and “pilot scheme agreement” were omitted,

(ii)

for the definition of “existing service provider” there were substituted—

  • ““existing service provider” means a relevant service provider with which—

    1. (a)

      a general medical services contractor or a default contractor has an out of hours arrangement which has been approved in accordance with the term of its general medical services contract which gives effect to paragraph 2 of Schedule 7 to the GMS Contract Regulations (or in accordance with the equivalent term of its default contract) or which is deemed to have been so approved pursuant to article 44(1)(a), 76, 79 or 86 of the Transitional Order, or

    2. (b)

      a PMS contractor has an out of hours arrangement which has been approved in accordance with the term of its agreement which gives effect to paragraph 2 of Schedule 6 to the Personal Medical Services Agreements Regulations or which is deemed to have been so approved pursuant to article 77, 80 or 89 of the Transitional Order;”,

(iii)

for the definition of “out of hours arrangement” there were substituted—

  • ““out of hours arrangement” means an arrangement under—

    1. (a)

      the term of a general medical services contract which gives effect to paragraph 1(2) of Schedule 7 to the GMS Contract Regulations,

    2. (b)

      the equivalent term of a default contract, or

    3. (c)

      the term of an agreement which gives effect to paragraph 1(2) or (3) of Schedule 6 to the Personal Medical Services Agreements Regulations;”,

(iv)

in the definition of “relevant service provider” there were added—

“and

(c)

a general medical services contractor, a default contractor, a PMS contractor or a party to contractual arrangements made under article 15 of the General Medical Services Transitional and Consequential Provisions Order 2004f1 whose contract, agreement or contractual arrangements include out of hours services;”, and

(v)

there were inserted in the appropriate alphabetical position—

  • ““agreement” means an agreement for primary medical services made under section 28C of the 1977 Act;

  • “the CFSMS” means the Counter Fraud and Security Management Service established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002f2;

  • “PMS contractor” has the same meaning as in article 1(4) of the Transitional Order;

  • “default contractor” means a person who has entered into a contract under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004;

  • “GMS Contract Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004f3;

  • “general medical services contractor” means a person who holds a contract under section 28Q of the 1977 Actf4;

  • “out of hours services”—

    1. (a)

      in relation to services under a general medical services contract, has the same meaning as in regulation 2(1) of the GMS Contract Regulations,

    2. (b)

      in relation to services under a default contract, has the same meaning as in the Default Contract 2004 dated 18th February 2004f5, and

    3. (c)

      in relation to services under an agreement means—

      1. (i)

        out of hours services as defined in regulation 2 of the Personal Medical Services Agreements Regulations, and

      2. (ii)

        other services provided under the agreement outside normal hours as defined in paragraph 1(1) of Schedule 6 to the Personal Medical Services Agreements Regulations;

  • “Personal Medical Services Agreements Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004f6;

  • “service provider” means the person or persons providing or proposing to provide out of hours services on behalf of a general medical services contractor, a default contractor or a PMS contractor;

  • “the Transitional Order” means the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004;”;

(b)

regulation 3 were omitted;

(c)

in regulation 4—

(i)

in paragraph (5), after “shall” there were inserted—

  • “, unless, in its opinion, it is appropriate and safe not to do so,”, and

(ii)

in paragraphs (6) to (8) after “assessing authority” there were inserted “(if any)”;

(d)

in regulation 7—

(i)

in paragraph (1), after “assessing authority” there were inserted “(if any)”,

(ii)

in paragraph (2), before “assessing authority” in both places it occurs, there were inserted “accrediting authority or the”, and

(iii)

in paragraph (5)—

(aa)

in sub-paragraph (a), for “approved for a period of three years” there were substituted “granted approval under regulation 5(1)(a)(i) or (5)”; and

(bb)

in sub-paragraph (b), for “approved for a period of up to twelve months” there were substituted “granted approval under regulation 5(1)(a)(ii) or (1)(b)”;

(e)

in regulation 11(2)—

(i)

in sub-paragraph (c), for “any medical practitioner or party to a pilot scheme agreement” there were substituted “any general medical services contractor, default contractor or PMS contractor”,

(ii)

in sub-paragraph (d), for “section 44” there were substituted “section 45A”, and

(iii)

in sub-paragraph (e), for “National Health Service Counter Fraud Service” there were substituted “CFSMS”; and

(f)

in the Schedule, in paragraph (7), for “medical list” there were substituted “medical performers list” and the remainder of the paragraph were omitted.

(4)

Any approval of a relevant service provider which has been granted by a Primary Care Trust—

(a)

before 31st March 2004 under regulation 5 of the Out of Hours Regulations and continued under paragraph (2)(a); or

(b)

after 31st March 2004 under regulation 5 of those Regulations as saved and modified by this article,

and which has not come to an end before that date, shall cease to have effect on 1st January 2005.

Annotations

Footnotes

f1

S.I. 2004/433.

f2

S.I. 2002/3039.

f3

S.I. 2004/291.

f4

Section 28Q was inserted into the 1977 Act by section 175(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

f5

The Default Contract 2004 is published by the Department of Health. It is available on their web site at www.dh.gov.uk/PolicyAndGuidance/HumanResourcesAndTraining/ModernisingPay/GPContracts or a copy can be obtained by writing to the Department of Health, Room 3E46, Quarry House, Quarry Hill, Leeds LS2 7UE.

f6

S.I. 2004/627.