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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations make amendments to certain regulations relating to primary medical services.

Part 2 amends the National Health Service (General Medical Services Contracts) Regulations 2004 (the GMS Contracts Regulations). In particular—

  • regulation 2(2) widens the definition of general medical practitioner in regulation 2 of the GMS Contracts Regulations to cover all medical practitioners who are included in the General Practitioner Register or who, prior to coming into force of that Register, are suitably experienced within the meaning of section 31 of the National Health Service Act 1977 (“the 1977 Act”) or have an acquired right to practise;

  • regulation 3 restricts the categories of general medical practitioner who, under regulation 4 of the GMS Contracts Regulations, can act as the mandatory medical practitioner for the purposes of a general medical services contract. It excludes from that role practitioners who, prior to 1st April 2004 were restricted services principals or who were not considered to be suitably experienced for the purposes of operating as a Principal in the provision of general medical services under section 29 of the 1977 Act;

  • regulation 5(2) disapplies the provisions relating to clinical reports in the case of out of hours services which are covered by the quality requirements referred to in regulation 5(3);

  • regulation 5(4) amends paragraph 31 of Schedule 6 to the GMS Contracts Regulations to enable a contractor’s list of patients which has been closed as a result of a determination by an assessment panel to re-open by agreement before the end of the closure period specified by that panel and, in certain circumstances, to re-close again during that period;

  • regulation 5(8) amends the circumstances in paragraph 53 of Schedule 6 to the GMS Contracts Regulations in which a GP Registrar can perform medical services under a contract without being included in a medical performers list. It brings them into line with those in regulation 22(3) of the National Health Service (Performers Lists) Regulations 2004;

  • regulation 5(9) removes the requirement in paragraph 64 of Schedule 6 to the GMS Contracts Regulations for the Secretary of State to consent to the employment of a GP Registrar;

  • regulation 5(12) inserts in paragraph 77 of Schedule 6 to the GMS Contracts Regulations a timescale for the provision of information by contractors to the Primary Care Trust;

  • regulation 5(13) clarifies the timescale for the submission of annual returns under paragraph 81 of Schedule 6 to the GMS Contracts Regulations;

  • regulation 5(14) disapplies the provision relating to the provision of information about complaints in the case of out of hours services which are covered by the quality requirements referred to in paragraph 11 of Schedule 6 (as amended by these Regulations);

  • regulation 5(16) amends paragraph 122 of Schedule 6 to the GMS Contracts Regulations to provide that, for the purpose of meeting its obligation of holding adequate insurance, a contractor can rely on insurance held by a person engaged by it as well as by an employee.

Part 3 of the Regulations makes amendments to the National Health Service (Personal Medical Services Agreements) Regulations 2004 which mainly mirror those made to the GMS Contracts Regulations or make other minor drafting amendments. In addition, regulation 8 revokes regulation 4 of the PMS Agreements Regulations to remove conditions which had been imposed solely in relation to medical practitioners. The effect of the revocation is to leave such practitioners subject to the same conditions as apply under regulation 5 of those Regulations to all persons eligible to enter into PMS Agreements.

Part 4 of the Regulations makes two amendments to the National Health Service (Performers Lists) Regulations 2004. Regulation 16 amends regulation 10 of those Regulations so that when a performer is removed from a performers list on any of the discretionary grounds, the removal does not take immediate effect. Regulation 17 amends the definition of GP Registrar in those Regulations to bring it into line with that included in the GMS Contracts and PMS Agreements Regulations (as amended by these Regulations).

Part 5 of the Regulations revokes a provision in the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 which is no longer required in the light of the amendment to paragraph 64 of Schedule 6 to the GMS Contracts Regulations made by regulation 5(9).

Part 6 of the Regulations makes transitional provision in relation to the removal by regulation 3 of the right of certain persons to be the mandatory general medical practitioner for the purposes of a general medical services contract. It provides that where such a person has been the mandatory medical practitioner for the purposes of a general medical services contract entered into before the date of coming into force of these Regulations, the contract will not be able to be terminated for breach of the amended requirements.