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The National Health Service (Personal Medical Services Agreements) Regulations 2004

S.I. 2004/627 · Made 8 March 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 March 2004

Laid before Parliament 11th March 2004

Coming into force 1st April 2004

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 28D, 28E 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 was inserted by section 21(1) of the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”) and was amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 65(1), Schedule 4, paragraphs 4 and 16a and by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 4(3), Schedule 3, paragraph 7(3) and the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”), section 177(1) to (6) and section 184 and Schedule 11, paragraph 15; section 28E was inserted by section 22(1) of the 1997 Act and was amended by the 1999 Act, section 65(2) and Schedule 5; the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 27(5)(a), the 2002 Act, section 4(3), Schedule 3, paragraph 8 and the 2003 Act, section 177(7) to (11); and section 126(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2); by the 1999 Act, Schedule 4, paragraph 37(6); and by the 2001 Act, Schedule 5, paragraph 5(13)(b). See section 128(1) of the National Health Service Act 1977 (“the Act”) as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”.

f2

1990 c. 19.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: AGREEMENTS
  5. 3Conditions: introductory
  6. 4Conditions relating solely to medical practitioners
  7. 5General condition relating to all agreements
  8. 6Reasons
  9. 7Appeal
  10. Part 3: PRE-AGREEMENT DISPUTE RESOLUTION
  11. 8Pre-agreement disputes
  12. Part 4: HEALTH SERVICE BODY STATUS
  13. 9Health service body status
  14. Part 5: AGREEMENTS: REQUIRED TERMS
  15. 10Health service contract
  16. 11Agreements: general
  17. 12Certificates
  18. 13Finance
  19. 14Finance
  20. 15Fees and charges
  21. 16Opt outs of out of hours services
  22. 17Consequences of termination
  23. 18Other contractual terms
  24. Part 6: RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT
  25. 19Right to a general medical services contract
  26. Part 7: TRANSITIONAL PROVISIONS
  27. 20Out of hours services
  28. 21Out of hours services
  29. Signature
  30. Schedule 1: REPEAT DISPENSING FORMS
  31. 1Part 1
  32. 2Part 2
  33. Schedule 2LIST OF PRESCRIBED MEDICAL CERTIFICATES
  34. Schedule 3FEES AND CHARGES
  35. Schedule 4: OPT OUTS OF OUT OF HOURS SERVICES
  36. 1Opt outs of out of hours services where the opt out notice is served after 30th September 2004
  37. 2Opt outs of out of hours services where the opt out notice is served before 1st October 2004
  38. 3Informing patients of opt outs
  39. Schedule 5: OTHER CONTRACTUAL TERMS
  40. Part 1: PROVISION OF SERVICES
  41. 1Services to registered patients
  42. 2Premises
  43. 3Attendance at practice premises
  44. 4Attendance outside practice premises
  45. 5Clinical reports
  46. 6Storage of vaccines
  47. 7Infection control
  48. 8Criteria for out of hours services
  49. 9Standards for out of hours services
  50. 10Duty of co-operation
  51. 11Duty of co-operation
  52. Part 2: PATIENTS
  53. 12General Provision
  54. 13List of patients
  55. 14Application for inclusion in a list of patients
  56. 15Temporary residents
  57. 16Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
  58. 17Patient preference of practitioner
  59. 18Removal from the list at the request of the patient
  60. 19Removals from the list at the request of the contractor
  61. 20Removals from the list of patients who are violent
  62. 21Removals from the list of patients registered elsewhere
  63. 22Removals from the list of patients who have moved
  64. 23Removals from the list of patients who have moved
  65. 24Removals from the list of patients absent from the United Kingdom etc.
  66. 25Removals from the list of patients accepted elsewhere as temporary residents
  67. 26Removals from a list of pupils etc of a school
  68. 27Termination of responsibility for patients not registered with the contractor
  69. 28Closure of lists of patients
  70. 29Approval of closure notice
  71. 30Rejection of closure notice
  72. 31Assignment of patients to lists: open lists
  73. 32Assignment of patients to lists: closed lists
  74. 33Factors relevant to assignments
  75. 34Assignments to closed lists: determinations of the assessment panel
  76. 35Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
  77. 36Assignments to closed lists: assignments of patients
  78. Part 3: PRESCRIBING AND DISPENSING
  79. 37Prescribing
  80. 38Prescribing
  81. 39Repeatable prescribing services
  82. 40Repeatable prescriptions
  83. 41Restrictions on prescribing by medical practitioners
  84. 42Restrictions on prescribing by supplementary prescribers
  85. 43Bulk prescribing
  86. 44Excessive prescribing
  87. 45Dispensing services: general
  88. 46Provision of dispensing services by contractors other than Primary Care Trusts
  89. 47Consent to dispense
  90. 48Contractors who previously provided dispensing services under pilot schemes or section 28C arrangements or a general medical services contract
  91. 49Provision of dispensing services by Primary Care Trusts
  92. 50Terms relating to the provision of dispensing services
  93. 51Dispensing contractor list
  94. 52Provision of drugs, medicines and appliances for immediate treatment or personal administration
  95. Part 4: PERSONS WHO PERFORM SERVICES
  96. 53Qualifications of performers
  97. 54Qualifications of performers
  98. 55Qualifications of performers
  99. 56Qualifications of performers
  100. 57Conditions for employment and engagement
  101. 58Conditions for employment and engagement
  102. 59Conditions for employment and engagement
  103. 60Conditions for employment and engagement
  104. 61Training
  105. 62Training
  106. 63Arrangements for GP Registrars
  107. 64Doctors with provisional registration
  108. 65Independent nurse prescribers and supplementary prescribers
  109. 66Signing of documents
  110. 67Level of skill
  111. 68Appraisal and assessment
  112. 69Sub-contracting of clinical matters
  113. Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  114. 70Patient records
  115. 71Confidentiality of personal data
  116. 72Contractor’s leaflet
  117. 73Provision of information
  118. 74Requests for information from Patients' Forums
  119. 75Inquiries about prescriptions and referrals
  120. 76Reports to a medical officer
  121. 77Annual return and review
  122. 78Notifications to the relevant body
  123. 79Notifications to the relevant body
  124. 80Notice provisions specific to an agreement with a qualifying body
  125. 81Notification of deaths
  126. 82Notifications to patients following variation of the agreement
  127. 83Entry and inspection by the relevant body
  128. 84Entry and inspection by members of Patients' Forums
  129. 85Entry and inspection by the Commission for Healthcare Audit and Inspection
  130. Part 6: COMPLAINTS
  131. 86Complaints procedure
  132. 87Making of complaints
  133. 88Making of complaints
  134. 89Period for making complaints
  135. 90Further requirements for complaints procedures
  136. 91Co-operation with investigations
  137. 92Provision of information about complaints
  138. Part 7: DISPUTE RESOLUTION
  139. 93Local resolution of agreement disputes
  140. 94Dispute resolution: non-NHS contracts
  141. 95NHS dispute resolution procedure
  142. 96Determination of dispute
  143. 97Interpretation of Part 7
  144. Part 8: VARIATION AND TERMINATION OF AGREEMENTS
  145. 98Variation of an agreement: general
  146. 99Termination by agreement
  147. 100Termination by notice
  148. 101Late payment notices
  149. 102Termination by the relevant body: general provisions
  150. 103Termination by the relevant body for breach of conditions in regulation 4
  151. 104Termination by the relevant body for the provision of untrue etc information
  152. 105Termination by the relevant body on fitness grounds
  153. 106Termination by the relevant body where there is a serious risk to the safety of patients or risk of financial loss to the relevant body
  154. 107Termination by the relevant body: remedial notices and breach notices
  155. 108Termination by the relevant body: additional provisions specific to agreements with qualifying bodies
  156. 109Agreement sanctions
  157. 110Agreement sanctions and the NHS dispute resolution procedure
  158. 111Termination and the NHS dispute resolution procedure
  159. Part 9: MISCELLANEOUS
  160. 112Clinical governance
  161. 113Insurance
  162. 114Insurance
  163. 115Compliance with legislation and guidance
  164. 116Third party rights
  165. 117Gifts
  166. Schedule 6: OUT OF HOURS TRANSITIONAL PROVISIONS
  167. 1Out of hours arrangements
  168. 2Application for approval of an out of hours arrangement
  169. 3Review of approval
  170. 4Suspension of approval
  171. 5Immediate withdrawal of approval other than following review
  172. 6Suspension or termination of an out of hours arrangement
  173. Schedule 7: MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A PRIMARY CARE TRUST
  174. 1Paragraph 1
  175. 2Paragraph 2
  176. 3Paragraph 3
  177. 4Paragraph 4
  178. 5Paragraph 5
  179. 6Paragraph 6
  180. 7Paragraph 7
  181. 8Paragraph 8
  182. 9Paragraph 9
  183. 10Paragraph 10
  184. 11Paragraph 11
  185. 12Paragraph 12
  186. 13Paragraph 13
  187. 14Paragraph 14
  188. Schedule 8Schedule 8
  189. Schedule 9PRIMARY CARE TRUSTS SPECIFIEDFOR THE PURPOSES OF REPEATABLE PRESCRIBING
  190. Schedule 10INFORMATION TO BE INCLUDED IN A CONTRACTOR'S LEAFLET
  191. 1Paragraph 1
  192. 2Paragraph 2
  193. 3Paragraph 3
  194. 4Paragraph 4
  195. 5Paragraph 5
  196. 6Paragraph 6
  197. 7Paragraph 7
  198. 8Paragraph 8
  199. 9Paragraph 9
  200. 10Paragraph 10
  201. 11Paragraph 11
  202. 12Paragraph 12
  203. 13Paragraph 13
  204. 14Paragraph 14
  205. 15Paragraph 15
  206. 16Paragraph 16
  207. 17Paragraph 17
  208. 18Paragraph 18
  209. 19Paragraph 19
  210. 20Paragraph 20
  211. 21Paragraph 21
  212. 22Paragraph 22
  213. 23Paragraph 23
  214. 24Paragraph 24
  215. 25Paragraph 25
  216. 26Paragraph 26
  217. 27Paragraph 27
  218. Explanatory note