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The National Health Service (General Medical Services Contracts) Regulations 2004

S.I. 2004/291 · Made 8 February 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

1990 c. 19.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: CONTRACTORS
  5. 3Conditions: general
  6. 4Conditions relating solely to medical practitioners
  7. 5General condition relating to all contracts
  8. 6Reasons
  9. 7Appeal
  10. 8Prescribed period under section 28D(1)(bc) of the Act
  11. Part 3: PRE-CONTRACT DISPUTE RESOLUTION
  12. 9Pre-contract disputes
  13. Part 4: HEALTH SERVICE BODY STATUS
  14. 10Health service body status
  15. Part 5: CONTRACTS: REQUIRED TERMS
  16. 11Parties to the contract
  17. 12Health service contract
  18. 13Contracts with individuals practising in partnership
  19. 14Duration
  20. 15Essential services
  21. 16Additional services
  22. 17Opt outs of additional and out of hours services
  23. 18Services generally
  24. 19Services generally
  25. 20Services generally
  26. 21Certificates
  27. 22Finance
  28. 23Finance
  29. 24Fees and charges
  30. 25Arrangements on termination
  31. 26Other contractual terms
  32. Part 6: FUNCTIONS OF LOCAL MEDICAL COMMITTEES
  33. 27Regulation 27
  34. Part 7: TRANSITIONAL PROVISIONS
  35. 28Commencement
  36. 29Additional services
  37. 30Out of hours services
  38. 31Out of hours services
  39. 32Out of hours services
  40. Signature
  41. Schedule 1: REPEAT DISPENSING FORMS
  42. 1REPEATABLE PRESCRIPTION
  43. 2BATCH ISSUE
  44. Schedule 2: ADDITIONAL SERVICES
  45. 1Additional services generally
  46. 2Cervical screening
  47. 3Contraceptive services
  48. 4Vaccinations and immunisations
  49. 5Childhood vaccinations and immunisations
  50. 6Child health surveillance
  51. 7Maternity medical services
  52. 8Minor surgery
  53. Schedule 3: OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES
  54. 1Opt outs of additional services: general
  55. 2Temporary opt outs and permanent opt outs following temporary opt outs
  56. 3Permanent opt outs
  57. 4Out of hours opt outs where the opt out notice is served after 30th September 2004
  58. 5Out of hours opt outs where the opt out notice is served before 1st October 2004
  59. 6Informing patients of opt outs
  60. Schedule 4LIST OF PRESCRIBED MEDICAL CERTIFICATES
  61. Schedule 5: FEES AND CHARGES
  62. 1Paragraph 1
  63. Schedule 6: OTHER CONTRACTUAL TERMS
  64. Part 1: PROVISION OF SERVICES
  65. 1Premises
  66. 2Attendance at practice premises
  67. 3Attendance outside practice premises
  68. 4Newly registered patients
  69. 5Patients not seen within three years
  70. 6Patients aged 75 years and over
  71. 7Clinical reports
  72. 8Storage of vaccines
  73. 9Infection control
  74. 10Criteria for out of hours services
  75. 11Standards for out of hours services
  76. 12Duty of co-operation in relation to additional, enhanced and out of hours services
  77. 13Duty of co-operation in relation to additional, enhanced and out of hours services
  78. Part 2: PATIENTS
  79. 14List of patients
  80. 15Application for inclusion in a list of patients
  81. 16Temporary residents
  82. 17Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
  83. 18Patient preference of practitioner
  84. 19Removal from the list at the request of the patient
  85. 20Removal from the list at the request of the contractor
  86. 21Removals from the list of patients who are violent
  87. 22Removals from the list of patients registered elsewhere
  88. 23Removals from the list of patients who have moved
  89. 24Removals from the list of patients who have moved
  90. 25Removals from the list of patients absent from the United Kingdom etc.
  91. 26Removals from the list of patients accepted elsewhere as temporary residents
  92. 27Removals from the list of pupils etc. of a school
  93. 28Termination of responsibility for patients not registered with the contractor
  94. 29Closure of lists of patients
  95. 30Approval of closure notice by the Primary Care Trust
  96. 31Rejection of closure notice by the Primary Care Trust
  97. 32Assignment of patients to lists: open lists
  98. 33Assignment of patients to lists: closed lists
  99. 34Factors relevant to assignments
  100. 35Assignments to closed lists: determinations of the assessment panel
  101. 36Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
  102. 37Assignments to closed lists: assignments of patients by a Primary Care Trust
  103. Part 3: PRESCRIBING AND DISPENSING
  104. 38Prescribing
  105. 39Prescribing
  106. 40Repeatable prescribing services
  107. 41Repeatable prescriptions
  108. 42Restrictions on prescribing by medical practitioners
  109. 43Restrictions on prescribing by supplementary prescribers
  110. 44Bulk prescribing
  111. 45Interpretation of paragraphs 38, 39 and 41 to 44
  112. 46Excessive prescribing
  113. 47Provision of dispensing services
  114. 48Consent to dispense
  115. 49Contractors who previously provided dispensing services under pilot schemes or section 28C arrangements
  116. 50Terms relating to the provision of dispensing services
  117. 51Dispensing contractor list
  118. 52Provision of drugs, medicines and appliances for immediate treatment or personal administration
  119. Part 4: PERSONS WHO PERFORM SERVICES
  120. 53Qualifications of performers
  121. 54Qualifications of performers
  122. 55Qualifications of performers
  123. 56Qualifications of performers
  124. 57Conditions for employment and engagement
  125. 58Conditions for employment and engagement
  126. 59Conditions for employment and engagement
  127. 60Conditions for employment and engagement
  128. 61Training
  129. 62Training
  130. 63Terms and conditions
  131. 64Arrangements for GP Registrars
  132. 65Independent nurse prescribers and supplementary prescribers
  133. 66Signing of documents
  134. 67Level of skill
  135. 68Appraisal and assessment
  136. 69Sub-contracting of clinical matters
  137. 70Sub-contracting of out of hours services
  138. 71Withdrawal and variation of approval under paragraph 70
  139. 72Withdrawal and variation of approval under paragraph 70
  140. Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  141. 73Patient records
  142. 74Access to records for the purpose of the Quality Information Preparation Scheme
  143. 75Confidentiality of personal data
  144. 76Practice leaflet
  145. 77Provision of information
  146. 78Requests for information from Patients' Forums
  147. 79Inquiries about prescriptions and referrals
  148. 80Reports to a medical officer
  149. 81Annual return and review
  150. 82Notifications to the Primary Care Trust
  151. 83Notifications to the Primary Care Trust
  152. 84Notifications to the Primary Care Trust
  153. 85Notice provisions specific to a contract with a company limited by shares
  154. 86Notice provisions specific to a contract with two or more individuals practising in partnership
  155. 87Notification of deaths
  156. 88Notifications to patients following variation of the contract
  157. 89Entry and inspection by the Primary Care Trust
  158. 90Entry and inspection by members of Patients' Forums
  159. 91Entry and inspection by the Commission for Healthcare Audit and Inspection
  160. Part 6: COMPLAINTS
  161. 92Complaints procedure
  162. 93Making of complaints
  163. 94Making of complaints
  164. 95Period for making complaints
  165. 96Further requirements for complaints procedures
  166. 97Co-operation with investigations
  167. 98Provision of information about complaints
  168. Part 7: DISPUTE RESOLUTION
  169. 99Local resolution of contract disputes
  170. 100Dispute resolution: non-NHS contracts
  171. 101NHS dispute resolution procedure
  172. 102Determination of dispute
  173. 103Interpretation of Part 7
  174. Part 8: VARIATION AND TERMINATION OF CONTRACTS
  175. 104Variation of a contract: general
  176. 105Variation provisions specific to a contract with an individual medical practitioner
  177. 106Variation provisions specific to a contract with two or more individuals practising in partnership
  178. 107Termination by agreement
  179. 108Termination by the contractor
  180. 109Late payment notices
  181. 110Termination by the Primary Care Trust: general
  182. 111Termination by the Primary Care Trust for breach of conditions in regulation 4
  183. 112Termination by the Primary Care Trust for the provision of untrue etc. information
  184. 113Other grounds for termination by the Primary Care Trust
  185. 114Other grounds for termination by the Primary Care Trust
  186. 115Termination by the Primary Care Trust: remedial notices and breach notices
  187. 116Termination by the Primary Care Trust: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares
  188. 117Contract sanctions
  189. 118Contract sanctions and the NHS dispute resolution procedure
  190. 119Termination and the NHS dispute resolution procedure
  191. 120Consultation with the Local Medical Committee
  192. Part 9: MISCELLANEOUS
  193. 121Clinical governance
  194. 122Insurance
  195. 123Insurance
  196. 124Gifts
  197. 125Compliance with legislation and guidance
  198. 126Third party rights
  199. Schedule 7: OUT OF HOURS SERVICES
  200. 1Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services
  201. 2Application for approval of an out of hours arrangement
  202. 3Effect of approval of an arrangement with a transferee doctor
  203. 4Review of approval
  204. 5Suspension of approval
  205. 6Immediate withdrawal of approval other than following review
  206. 7Suspension or termination of an out of hours arrangement
  207. Schedule 8CLOSURE NOTICE
  208. Schedule 9: PRIMARY CARE TRUSTS SPECIFIED
  209. FOR THE PURPOSES OF REPEATABLE PRESCRIBINGPart FOR THE PURPOSES OF REPEATABLE PRESCRIBING
  210. Schedule 10INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS
  211. Explanatory note