Explanatory note

(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, it:

(a)

provides for the introduction of electronic prescribing (regulations 2(2), (4)(b), (5), (8), (9), (11), (12), (15) and (17) and 4(4) to (6), (7)(a)(ii), (8), (9), (10)(a) and (c) to (e), (11), (14)(a) and (b), (17) and (18));

(b)

makes amendments consequential on the repeal of the National Health Service (Pharmaceutical Regulations) 1992 and their replacement by the National Health Service (Pharmaceutical Regulations) 2005 (regulations 2(6), (7) and (14), 3 and 4(7)(b), (12), (13) and (14)(c));

(c)

replaces references to the National Clinical Assessment Authority (which will cease to exist on 31st March 2005) with references to the National Patient Safety Agency (regulations 2(10) and (13) and 4(15));

(d)

amends the definition of supplementary prescriber to include further health professionals (regulation 2(18));

(e)

bans the use of telephone services for the purposes of general medical services contracts which make use of national rate numbers (starting with 087), premium rate numbers (starting with 090) or personal numbers starting with 070 (regulation 4(2));

(f)

inserts provisions to enable the supply of medicines to patients by providers of out of hours services where certain conditions are met (regulation 4(3));

(g)

extends the requirements for supply by instalments to diazepam (regulation 4(5)(d)(i));

(h)

removes the requirement that contractors can only provide repeatable prescribing services if they hold a contract with specified Primary Care Trusts (regulations 4(7)(a)(i) and 5);

(i)

removes the restrictions preventing supplementary prescribers from prescribing controlled drugs or unlicensed medicines (regulation 4(10)(b));

(j)

removes the provision relating to the Quality Information Preparation Scheme which will cease to exist on 31st March 2005 (regulation 4(16));

(k)

requires contractors who are companies limited by shares to notify the Primary Care Trust of a change of director or secretary and enables the Primary Care Trust to terminate the contract if untrue information is given about the compliance of that director or secretary with the conditions in regulation 5 of the GMS Contracts Regulations (regulation 4(19) and (23));

(l)

enables a Primary Care Trust to vary a contract to allow it to continue at least for an interim period after the death of partner in a two-handed partnership even where the remaining individual is not a medical practitioner (regulation 4(20));

(m)

provides that a contract with an individual medical practitioner shall terminate seven days after that practitioner’s death unless before then arrangements have been made for it to continue for a further short period (regulation 4(21));

(n)

enables a Primary Care Trust to continue a contract for a limited period with a medical practitioner who no longer meets the conditions in regulation 4 of the GMS Contracts Regulations if:

(i)

the reason for that failure is an immediate or interim suspension or health suspension under the Medical Act 1983,

(ii)

adequate arrangements are in place to provide clinical services during the period of suspension, and

(iii)

immediate termination is not necessary on grounds of patient safety or to protect public funds (regulation 4(22)); and

(o)

clarifies that the grounds for termination of the contract in paragraph 113 of Schedule 6 to the GMS Contracts Regulations only apply to partners, shareholders and directors who join the contracting body after the start of the contract in respect of circumstances which arise after they have so joined (prior circumstances being covered by paragraphs 85, 86 and 112 of that Schedule) (regulation 4(24)).

Part 3 of the Regulations makes amendments to the National Health Service (Personal Medical Services Agreements) Regulations 2004 (“the PMS Agreements Regulations”) which, where relevant, mirror those made to the GMS Contracts Regulations. In addition, regulation 8(24) provides that the definition of insurance in paragraph 113 of Schedule 5 to the PMS Agreements Regulations also applies to paragraph 114. This is necessary to reflect the fact that some NHS bodies bear their own risks under a statutory scheme rather than taking out insurance.

Part 4 of the Regulations amends the National Health Service (Performers Lists) Regulations 2004. Regulations 10 and 12 amend references to Scottish legislation in regulations 4 and 9 of those Regulations. Regulations 11 and 13 replace references to Part 1 of the Sexual Offences Act 1997 (which has been repealed) with references to Part 2 of the Sexual Offences Act 2003.

Part 5 makes transitional arrangements in relation to general medical services contracts and personal medical services agreements where the contractor has, before the coming into force of these Regulations, entered into a contract or other arrangement for the provision of telephone services which will breach the ban on certain types of telephone services inserted by regulations 4(2) and 8(2) of these Regulations. Such contractors will be required to vary or terminate their existing telephone arrangements in accordance with directions from the Secretary of State.