The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004

S.R. 2004/156 · Made 31 March 2004 · Extends to Northern Ireland

Contents

1. Part 1: GENERAL
2. 1Citation, commencement and interpretation
3. Part 2: TRANSTIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES
4. 2Application and interpretation of this Part
5. 3Applications for inclusion in lists of patients
6. 4Acceptance of applications for inclusion in lists of patients
7. 5Removal from the list of patients at the request of the patient
8. 6Removal from the list of patients at the request of the relevant medical practitioner
9. 7Removals from the list of patients who are violent
10. 8Removals from the list of patients who have moved
11. 9Removals not reflected in the list of patients on 31st March 2004
12. 10Applications for acceptance as a temporary resident
13. 11Acceptance of temporary residents
14. 12Termination of responsibility for temporary residents
15. 13Provision of immediately necessary treatment
16. 14Newly registered patients
17. 15Appointments system
18. 16Qualifications of performers
19. 17Independent nurse prescribers and supplementary prescribers
20. 18Patient records
21. 19Rights of entry
22. 20Refusal of approval of premises under paragraphs 37 and 37A of Schedule 2 to the 1997 Regulations
23. 21Withdrawal of approval of premises under paragraph 37 of Schedule 2 to the 1997 Regulations
24. 22Investigation of outstanding complaints
25. 23Complaints relating to general medical services made after 31st March 2004
26. 24Reports to a medical officer
27. 25Inquiries about prescriptions and referrals
28. 26Arrangements with organisations providing deputy doctors
29. 27Notification of sub-contracts under general medical services contracts
30. 28Practice leaflet
31. 29Medical examination of medical practitioners
32. 30Patients not seen within three years
33. 31Patients aged 75 years and over
34. 32Arrangements for GP Registrars Repealed
35. 33Refund of fees paid under paragraph 43(e) of Schedule 2 to the 1997 Regulations
36. 34Annual reports
37. 35Determination of question whether a substance is a drug
38. 36Entry on to primary medical services performers list of persons whose application has been granted under regulation 12 of the 1997 Regulations
39. 37Outstanding appeals against refusal of an application under regulations 9, 10, or 11 of the 1997 Regulations
40. 38Permission for use of facilities in private practice under Article 5 of the 1972 Order
41. 39Recovery of overpayments
42. 40Continuation of pre-contract disputes relating to general medical services contracts
43. Part 3: TRANSITIONAL PROVISIONS FOR GENERAL MEDICAL SERVICES CONTRACTS WHICH FOLLOW DEFAULT CONTRACTS
44. 41Application and interpretation of this Part
45. 42Carry over of approvals, applications, notices etc.
46. 43Newly registered patients
47. 44Temporary residents
48. 45Provision of immediately necessary treatment
49. 46Removals from the list of patients
50. 47Sub-contracting
51. 48Complaints
52. 49Refund of fees
53. 50Annual returns and reviews
54. 51Carry-over of disputes between default and general medical services contracts
55. 52Grounds for termination of the general medical services contract
56. 53Notifications to patients affected by differences between the terms of a default and a general medical services contract
57. Part 4: TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS
58. 54Assignment of patients
59. Part 5: TRANSITIONAL PROVISIONS RELATING TO THE 1997 REGULATIONS
60. 55Interpretation of this Part
61. 56Allocation of medical practitioners on previous lists
62. 57Applications not decided on 1st April 2004
63. 58Matters relating to the medical practitioner
64. Part 6: TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES
65. 59Interpretation of this Part
66. 60Terms of general medical services contracts and default contracts
67. 61Applications for approval of out of hours arrangements under general medical services and default contracts
68. 62Approvals of out of hours arrangements under general medical services and default contracts
69. 63Refusal of approval of out of hours arrangements under general medical services contracts and default contracts
70. 64Review of approval of out of hours arrangements under general medical services and default contracts
71. 65Review of approval of out of hours arrangements under general medical services contracts which follow default contracts
72. 66Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts
73. 67Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services and default contracts
74. 68References to the dispute resolution procedure in general medical services contracts which follow default contracts
75. 69Carry over of disputes relating to out of hours arrangements between default and general medical services contracts
76. 70Saving and transitory provision in relation to paragraphs 20 to 22 of Schedule 2 to the 1997 Regulations
77. 71Sub-contracting of out of hours services under general medical services contracts
78. 72Out of hours services to patients not registered with general medical services contractors and default contractors
79. 73Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the No. 1 Order
80. Part 7: TRANSITIONAL ARRANGEMENTS: THE HEALTH AND PERSONAL SOCIAL SERVICES (DISCIPLINARY PROCEDURES) REGULATIONS (NORTHERN IRELAND) 1996
81. 74Interpretation
82. 75Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4 of the Disciplinary Procedures Regulations)
83. 76Referrals to investigating discipline committees before the relevant date (regulation 5 of the Disciplinary Procedures Regulations)
84. 77Determination of a Board or the Department made before the relevant date (regulations 8, 9, 10 and 11 of the Disciplinary Procedures Regulations)
85. 78Determination of a Board made on or after the relevant date (regulation 8 of the Disciplinary Procedures Regulations)
86. 79Appeals to the Department against determinations of Boards (regulations 9, 10 and 11 of the Disciplinary Procedures Regulations)
87. 80Excessive prescribing (regulation 14 of the Disciplinary Procedures Regulations)
88. 81Investigation of certification (regulation 15 of the Disciplinary Procedures Regulations)
89. 82Investigation of record keeping (regulation 16 of the Disciplinary Procedures Regulations)
90. 83Decision as to treatment for which fees may be charged by doctors (regulation 17 of the Disciplinary Procedures Regulations)
91. 84Functions of Local Medical Committees
92. Part 8: MISCELLANEOUS
93. 85Details to be included on prescription forms etc.
94. 86Transitory interpretation of references in statutory provisions to primary medical services
95. 87Transitory interpretation of references to general medical services contracts
96. Part 9: SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS
97. 88Meaning of suitable experience
98. 89Saving of Article 144 of the Trade Union and Labour Relations (Northern Ireland) Order 1995
99. 90Transitional provision in relation to the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001
100. 91Transitory modification of Article 21 of the 1991 Order
101. 92Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994
102. 93Transitory modification of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998
103. 94Minor and consequential amendments
104. 95Revocations
105. Signature
106. Schedule 1: MINOR AND CONSEQUENTIAL AMENDMENTS
107. The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976
108. 1Paragraph 1
109. Medicines (Pharmacy and General Sale – Exemption) Order 1980
110. 2Paragraph 2
111. The Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985
112. 3Paragraph 3
113. General Ophthalmic Services Regulations (Northern Ireland) 1986
114. 4Paragraph 4 Repealed
115. Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994
116. 5Paragraph 5
117. The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996
118. 6Paragraph 6
119. The General Dental Services Regulations (Northern Ireland) 1993
120. 7Paragraph 7
121. The Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996
122. 8Paragraph 8
123. The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001
124. 9Paragraph 9
125. The Prescription Only Medicines (Human Use) Order 1997
126. 10Paragraph 10
127. The Charges for Drugs and Appliances Regulations (Northern Ireland) 1997
128. 11Paragraph 11
129. The Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 1999
130. 12Paragraph 12
131. The Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999
132. 13Paragraph 13
133. The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and General Medical Services (Amendment No. 3) Regulations (Northern Ireland) 2001
134. 14Paragraph 14
135. The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
136. 15Paragraph 15
137. The Health and Personal Social Services (Amendments relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003
138. 16Paragraph 16
139. The Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004
140. 17Paragraph 17
141. Schedule 2REVOCATIONS
142. Explanatory note