Explanatory note

These Regulations amend the National Health Service (General Medical Services Contracts) Regulations 2004 (“the GMS Contracts Regulations”), the National Health Service (Personal Medical Services Agreements) Regulations 2004 (“the PMS Agreements Regulations”), the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 (“the Prescription of Drugs Regulations”) and the Primary Medical Services (Sales of Goodwill and Restrictions on Sub-contracting) Regulations 2004 (“the Sale of Goodwill Regulations”). These Regulations largely make amendments which are as a consequence of the transfer of primary medical services contracts and agreements to the National Health Service Commissioning Board (“the Board”) from Primary Care Trusts and as a consequence of the abolition of Strategic Health Authorities and Primary Care Trusts upon the coming into force of sections 33 and 34 of the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). These Regulations also make other minor amendments to the GMS Contracts Regulations, PMS Agreements Regulations and the Prescription of Drugs Regulations.

Part 2 contains amendments to the GMS Contracts Regulations. The majority of these amendments are made in consequence of the transfer of GMS contracts from Primary Care Trusts to the Board, the abolition of Primary Care Trusts and Primary Care Trust’s areas. In addition, minor amendments are made as a consequence of amendments to Part 4 of the National Health Service Act 2006 (c.41) by section 202(1) (medical services: minor amendments) of the 2012 Act coming into force. However–

• regulation 12 amends regulation 15 of the GMS Contracts Regulations to ensure that a contractor under its contractual terms is not required to provide essential services during any period in respect of which the Care Quality Commission has suspended the contractor as a service provider. Regulation 3 makes a consequential amendment by the insertion of a new definition of “service provider” into regulation 2 of the GMS Contracts Regulations;

• regulation 15 inserts a new provision into the GMS Contracts Regulations providing that contracts are to contain a term requiring a contractor to be a member of a clinical commissioning group and requiring a contractor to appoint one individual to act on its behalf. Regulation 3 makes a consequential amendment by the insertion of a new definition of “CCG” into regulation 2 of the GMS Contracts Regulations;

• regulation 20 omits the provisions relating to the Patient Choice Scheme that comes to an end on 31st March 2013. A new Patient Choice Extension Scheme is established and a variation of contractual terms in respect of entering into arrangements under that scheme are provided for by new regulation 26B which is inserted into the GMS Contracts Regulations by regulation 20. Regulation 3 makes a consequential amendment by the insertion of a new definition of “Patient Choice Extension Scheme” into regulation 2 of the GMS Contracts Regulations;

• Regulation 27 makes additional amendments to Schedule 6 to the GMS Contracts Regulations–

  • paragraphs (33), (34) and (36) make amendments in relation to electronic prescriptions which are required as a consequence of the National Health Service IT infrastructure changes which include the electronic system that enables the transmission of digitally signed prescriptions and prescription messages to dispensing contractors. Regulation 3 makes consequential amendments;

  • paragraph (41) makes an updating amendment as a consequence of changes relating to postgraduate education and training and requirements relating to the medical performers list which is established and maintained by the Board;

  • paragraph (42) amends paragraph 64 of Schedule 6 and paragraph 86 inserts a new paragraph 121B into Schedule 6 as a consequence of the newly established Special Health Authority known as Health Education England;

  • paragraph (43) amends paragraph 65 of Schedule 6 as a consequence of chiropodists and podiatrists and physiotherapists being able to be recorded on the register maintained under article 5 of the Health and Social Work Professions Order 2001 as independent prescribers.

  • paragraphs (60) and (61) respectively omit paragraph 91A and insert a new paragraph 91B as a consequence of the abolition of local involvement networks and the establishment of Local Healthwatch organisations in accordance with section 222(2A) of the Local Government and Public Involvement in Health Act 2007 (c.28) as amended by section 183(2) of the 2012 Act.

Schedule 1 makes transitional provisions in respect of GMS contracts which are transferred from Primary Care Trusts to the Board on 1st April 2013.

Part 3 and Schedule 2 make amendments to the PMS Agreements Regulations and transitional provision relating to agreements made under those Regulations which mirror those made to the GMS Contracts Regulations.

Part 4 makes miscellaneous amendments. Regulation 54 amends the Prescription of Drugs Regulations–

Regulation 55 amends the Sale of Goodwill Regulations as a consequence of the abolition of Primary Care Trusts and Strategic Health Authorities.