The National Health Service (General Medical Services Contracts) Regulations 2004
S.I. 2004/291 · Made 8 February 2004
NATIONAL HEALTH SERVICE, ENGLAND
Made 8th February 2004
Laid before Parliament 9th February 2004
Coming into force 1st March 2004
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 28D(1)(bc), 28R, 28S, 28V, 28W, 45A(9) and 126(4) of the National Health Service Act 1977f1, section 4(5) of the National Health Service and Community Care Act 1990f2 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1977 c. 49; section 28D(1)(bc) was inserted by section 177(2) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”); sections 28R, 28S, 28V and 28W were inserted by section 175(1) of that Act and section 45A by paragraph 23 of Schedule 11 to that Act.
- f2
Contents
- Part 1: GENERAL
- 1Citation, commencement and application
- 2Interpretation
- Part 2: CONTRACTORS
- 3Conditions: general
- 4Conditions relating solely to medical practitioners
- 5General condition relating to all contracts
- 6Reasons
- 7Appeal
- 8Prescribed period under section 28D(1)(bc) of the Act
- Part 3: PRE-CONTRACT DISPUTE RESOLUTION
- 9Pre-contract disputes
- Part 4: HEALTH SERVICE BODY STATUS
- 10Health service body status
- Part 5: CONTRACTS: REQUIRED TERMS
- 11Parties to the contract
- 12Health service contract
- 13Contracts with individuals practising in partnership
- 14Duration
- 15Essential services
- 16Additional services
- 17Opt outs of additional and out of hours services
- 18Services generally
- 19Services generally
- 20Services generally
- 21Certificates
- 22Finance
- 23Finance
- 24Fees and charges
- 25Arrangements on termination
- 26Other contractual terms
- Part 6: FUNCTIONS OF LOCAL MEDICAL COMMITTEES
- 27Regulation 27
- Part 7: TRANSITIONAL PROVISIONS
- 28Commencement
- 29Additional services
- 30Out of hours services
- 31Out of hours services
- 32Out of hours services
- Signature
- Schedule 1: REPEAT DISPENSING FORMS
- 1REPEATABLE PRESCRIPTION
- 2BATCH ISSUE
- Schedule 2: ADDITIONAL SERVICES
- 1Additional services generally
- 2Cervical screening
- 3Contraceptive services
- 4Vaccinations and immunisations
- 5Childhood vaccinations and immunisations
- 6Child health surveillance
- 7Maternity medical services
- 8Minor surgery
- Schedule 3: OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES
- 1Opt outs of additional services: general
- 2Temporary opt outs and permanent opt outs following temporary opt outs
- 3Permanent opt outs
- 4Out of hours opt outs where the opt out notice is served after 30th September 2004
- 5Out of hours opt outs where the opt out notice is served before 1st October 2004
- 6Informing patients of opt outs
- Schedule 4LIST OF PRESCRIBED MEDICAL CERTIFICATES
- Schedule 5: FEES AND CHARGES
- 1Paragraph 1
- Schedule 6: OTHER CONTRACTUAL TERMS
- Part 1: PROVISION OF SERVICES
- 1Premises
- 2Attendance at practice premises
- 3Attendance outside practice premises
- 4Newly registered patients
- 5Patients not seen within three years
- 6Patients aged 75 years and over
- 7Clinical reports
- 8Storage of vaccines
- 9Infection control
- 10Criteria for out of hours services
- 11Standards for out of hours services
- 12Duty of co-operation in relation to additional, enhanced and out of hours services
- 13Duty of co-operation in relation to additional, enhanced and out of hours services
- Part 2: PATIENTS
- 14List of patients
- 15Application for inclusion in a list of patients
- 16Temporary residents
- 17Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
- 18Patient preference of practitioner
- 19Removal from the list at the request of the patient
- 20Removal from the list at the request of the contractor
- 21Removals from the list of patients who are violent
- 22Removals from the list of patients registered elsewhere
- 23Removals from the list of patients who have moved
- 24Removals from the list of patients who have moved
- 25Removals from the list of patients absent from the United Kingdom etc.
- 26Removals from the list of patients accepted elsewhere as temporary residents
- 27Removals from the list of pupils etc. of a school
- 28Termination of responsibility for patients not registered with the contractor
- 29Closure of lists of patients
- 30Approval of closure notice by the Primary Care Trust
- 31Rejection of closure notice by the Primary Care Trust
- 32Assignment of patients to lists: open lists
- 33Assignment of patients to lists: closed lists
- 34Factors relevant to assignments
- 35Assignments to closed lists: determinations of the assessment panel
- 36Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
- 37Assignments to closed lists: assignments of patients by a Primary Care Trust
- Part 3: PRESCRIBING AND DISPENSING
- 38Prescribing
- 39Prescribing
- 40Repeatable prescribing services
- 41Repeatable prescriptions
- 42Restrictions on prescribing by medical practitioners
- 43Restrictions on prescribing by supplementary prescribers
- 44Bulk prescribing
- 45Interpretation of paragraphs 38, 39 and 41 to 44
- 46Excessive prescribing
- 47Provision of dispensing services
- 48Consent to dispense
- 49Contractors who previously provided dispensing services under pilot schemes or section 28C arrangements
- 50Terms relating to the provision of dispensing services
- 51Dispensing contractor list
- 52Provision of drugs, medicines and appliances for immediate treatment or personal administration
- Part 4: PERSONS WHO PERFORM SERVICES
- 53Qualifications of performers
- 54Qualifications of performers
- 55Qualifications of performers
- 56Qualifications of performers
- 57Conditions for employment and engagement
- 58Conditions for employment and engagement
- 59Conditions for employment and engagement
- 60Conditions for employment and engagement
- 61Training
- 62Training
- 63Terms and conditions
- 64Arrangements for GP Registrars
- 65Independent nurse prescribers and supplementary prescribers
- 66Signing of documents
- 67Level of skill
- 68Appraisal and assessment
- 69Sub-contracting of clinical matters
- 70Sub-contracting of out of hours services
- 71Withdrawal and variation of approval under paragraph 70
- 72Withdrawal and variation of approval under paragraph 70
- Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
- 73Patient records
- 74Access to records for the purpose of the Quality Information Preparation Scheme
- 75Confidentiality of personal data
- 76Practice leaflet
- 77Provision of information
- 78Requests for information from Patients' Forums
- 79Inquiries about prescriptions and referrals
- 80Reports to a medical officer
- 81Annual return and review
- 82Notifications to the Primary Care Trust
- 83Notifications to the Primary Care Trust
- 84Notifications to the Primary Care Trust
- 85Notice provisions specific to a contract with a company limited by shares
- 86Notice provisions specific to a contract with two or more individuals practising in partnership
- 87Notification of deaths
- 88Notifications to patients following variation of the contract
- 89Entry and inspection by the Primary Care Trust
- 90Entry and inspection by members of Patients' Forums
- 91Entry and inspection by the Commission for Healthcare Audit and Inspection
- Part 6: COMPLAINTS
- 92Complaints procedure
- 93Making of complaints
- 94Making of complaints
- 95Period for making complaints
- 96Further requirements for complaints procedures
- 97Co-operation with investigations
- 98Provision of information about complaints
- Part 7: DISPUTE RESOLUTION
- 99Local resolution of contract disputes
- 100Dispute resolution: non-NHS contracts
- 101NHS dispute resolution procedure
- 102Determination of dispute
- 103Interpretation of Part 7
- Part 8: VARIATION AND TERMINATION OF CONTRACTS
- 104Variation of a contract: general
- 105Variation provisions specific to a contract with an individual medical practitioner
- 106Variation provisions specific to a contract with two or more individuals practising in partnership
- 107Termination by agreement
- 108Termination by the contractor
- 109Late payment notices
- 110Termination by the Primary Care Trust: general
- 111Termination by the Primary Care Trust for breach of conditions in regulation 4
- 112Termination by the Primary Care Trust for the provision of untrue etc. information
- 113Other grounds for termination by the Primary Care Trust
- 114Other grounds for termination by the Primary Care Trust
- 115Termination by the Primary Care Trust: remedial notices and breach notices
- 116Termination by the Primary Care Trust: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares
- 117Contract sanctions
- 118Contract sanctions and the NHS dispute resolution procedure
- 119Termination and the NHS dispute resolution procedure
- 120Consultation with the Local Medical Committee
- Part 9: MISCELLANEOUS
- 121Clinical governance
- 122Insurance
- 123Insurance
- 124Gifts
- 125Compliance with legislation and guidance
- 126Third party rights
- Schedule 7: OUT OF HOURS SERVICES
- 1Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services
- 2Application for approval of an out of hours arrangement
- 3Effect of approval of an arrangement with a transferee doctor
- 4Review of approval
- 5Suspension of approval
- 6Immediate withdrawal of approval other than following review
- 7Suspension or termination of an out of hours arrangement
- Schedule 8CLOSURE NOTICE
- Schedule 9: PRIMARY CARE TRUSTS SPECIFIED
- FOR THE PURPOSES OF REPEATABLE PRESCRIBINGPart FOR THE PURPOSES OF REPEATABLE PRESCRIBING
- Schedule 10INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS
- Explanatory note