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The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

S.I. 2004/865 · Made 22 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 22nd March 2004

Laid before Parliament 23rd March 2004

Coming into force 1st April 2004

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 176, 195(1), 200 and 201 of the Health and Social Care (Community Health and Standards) Act 2003f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c. 43. The powers in sections 176, 195(1), 200 and 201 are conferred on the appropriate authority. See section 176(6), 200(2) and 201(2) which provide that, in relation to England, the appropriate authority is the Secretary of State.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement, application and interpretation
  3. Part 2: TRANSITIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES
  4. 2Application and interpretation of this Part
  5. 3Applications for inclusion in lists of patients
  6. 4Acceptance of applications for inclusion in lists of patients
  7. 5Removal from the list of patients at the request of the patient
  8. 6Removal from the list of patients at the request of the relevant medical practitioner
  9. 7Removals from the list of patients who are violent
  10. 8Removals from the list of patients who have moved
  11. 9Removals not reflected in the list of patients on 31st March 2004
  12. 10Applications for acceptance as a temporary resident
  13. 11Acceptance of temporary residents
  14. 12Termination of responsibility for temporary residents
  15. 13Provision of immediately necessary treatment
  16. 14Newly registered patients
  17. 15Appointments system
  18. 16Qualifications of performers
  19. 17Independent nurse prescribers and supplementary prescribers
  20. 18Repeatable prescribing services
  21. 19Patient records
  22. 20Rights of entry
  23. 21Refusal of approval of premises under paragraphs 29 and 29A of Schedule 2 to the 1992 Regulations
  24. 22Withdrawal of approval of premises under paragraph 29A of Schedule 2 to the 1992 Regulations
  25. 23Investigation of outstanding complaints
  26. 24Complaints relating to general medical services made after 31st March 2004
  27. 25Reports to a medical officer
  28. 26Inquiries about prescriptions and referrals
  29. 27Notification of deaths
  30. 28Arrangements with organisations providing deputy doctors
  31. 29Notification of sub-contracts under general medical services contracts
  32. 30Practice leaflet
  33. 31Medical examination of medical practitioners
  34. 32Patients not seen within three years
  35. 33Patients aged 75 years and over
  36. 34Arrangements for GP Registrars
  37. 35Refund of fees paid under paragraph 38(f) of Schedule 2 to the 1992 Regulations
  38. 36Annual reports
  39. 37Determination of question whether a substance is a drug
  40. 38Entry on to medical performers list of persons approved under regulation 18A or 18B of the 1992 Regulations
  41. 39Outstanding appeals against refusal of approval under regulation 18A or 18B of the 1992 Regulations
  42. 40Permission for use of facilities in private practice under section 72 of the 1977 Act
  43. 41Recovery of overpayments
  44. 42Continuation of pre-contract disputes relating to general medical services contracts
  45. Part 3: TRANSITIONAL PROVISIONS FOR GENERAL MEDICAL SERVICES CONTRACTS WHICH FOLLOW DEFAULT CONTRACTS
  46. 43Application and interpretation of this Part
  47. 44Carry over of approvals, applications, notices etc.
  48. 45Newly registered patients
  49. 46Temporary residents
  50. 47Provision of immediately necessary treatment
  51. 48Removals from the list of patients
  52. 49Requirement to provide dispensing services
  53. 50Sub-contracting
  54. 51Complaints
  55. 52Refund of fees
  56. 53Annual returns and reviews
  57. 54Carry-over of disputes between default and general medical services contracts
  58. 55Grounds for termination of the general medical services contract
  59. 56Notifications to patients affected by differences between the terms of a default and a general medical services contract
  60. Part 4: TRANSITIONAL PROVISIONS RELATING TO PERSONAL MEDICAL SERVICES
  61. 57Definitions
  62. 58Existing pilot schemes
  63. 59Variation of transitional agreements
  64. 60Interpretation of transitional agreements
  65. 61Modification of the Implementation Directions for the purposes of transitional agreements
  66. 62Modification of the 1992 Regulations for the purposes of transitional agreements
  67. 63Modification of the Choice Regulations for the purposes of transitional agreements
  68. 64Assignment of patients: transitional agreements
  69. 65Representations against a requirement to assign: transitional agreements
  70. 66Variation and termination of transitional agreements
  71. 67Termination of transitional agreements varied under article 59
  72. 68Health service body status
  73. 69Dispute resolution
  74. Part 5: TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS
  75. 70Assignment of patients
  76. 71Representations against assignments
  77. Part 6: TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES
  78. 72Interpretation of this Part
  79. 73Terms of general medical services contracts, default contracts and personal medical services agreements
  80. 74Applications for approval of out of hours arrangements under general medical services contracts and default contracts
  81. 75Applications for approval of out of hours arrangements under personal medical services agreements
  82. 76Approvals of out of hours arrangements under general medical services contracts and default contracts
  83. 77Approvals of out of hours arrangements under personal medical services agreements
  84. 78Suspension of approvals and of out of hours arrangements under general medical services contracts, default contracts and personal medical services agreements
  85. 79Refusal of approval of out of hours arrangements under general medical services contracts and default contracts
  86. 80Refusal of approval of out of hours arrangements under personal medical services agreements
  87. 81Review of approval of out of hours arrangements under general medical services contracts and default contracts
  88. 82Review of approval of out of hours arrangements under general medical services contracts which follow default contracts
  89. 83Review of out of hours arrangements under personal medical services agreements
  90. 84Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts
  91. 85Withdrawal of approval of out of hours arrangements under personal medical services agreements
  92. 86Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts
  93. 87References to the NHS dispute resolution procedure in general medical services contracts which follow default contracts
  94. 88Carry over of disputes relating to out of hours arrangements between default contracts and general medical services contracts
  95. 89Appeal against immediate withdrawal of approval of out of hours arrangements under personal medical services agreements
  96. 90Saving and transitory provision in relation to regulations 1 to 11 of the Out of Hours Regulations
  97. 91Sub-contracting of out of hours services under general medical services contracts
  98. 92Out of hours services to patients not registered with general medical services contractors or default contractors
  99. 93Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the Transitional Order
  100. Part 7: TRANSITIONAL ARRANGEMENTS: THE NATIONAL HEALTH SERVICE (SERVICE COMMITTEES AND TRIBUNAL) REGULATIONS 1992
  101. 94Interpretation
  102. 95Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4 of the Service Committees Regulations)
  103. 96Referrals to investigating discipline committees before the relevant date (regulation 5 of the Service Committees Regulations)
  104. 97Determination of a Primary Care Trust or the Secretary of State made before the relevant date (regulations 8, 9, 10 and 11 of the Service Committees Regulations)
  105. 98Determination of a Primary Care Trust made on or after the relevant date (regulation 8 of the Service Committees Regulations)
  106. 99Appeals to the Secretary of State against determinations of Primary Care Trusts (regulations 9, 10 and 11 of the Service Committees Regulations)
  107. 100Excessive prescribing (regulation 15 of the Service Committees Regulations)
  108. 101Investigation of certification (regulation 16 of the Service Committees Regulations)
  109. 102Investigation of record keeping (regulation 17 of the Service Committees Regulations)
  110. 103Decision as to treatment for which fees may be charged by doctors (regulation 18 of the Service Committees Regulations)
  111. 104Functions of Local Medical Committees
  112. Part 8: MISCELLANEOUS
  113. 105Details to be included on prescription forms etc.
  114. 106Transitional provision in cases where preferential treatment on transferring to medical lists was given
  115. 107Continuing validity of forms
  116. 108Transitory interpretation of references in enactments to primary medical services
  117. 109Transitory interpretation of references to general medical services contracts
  118. Part 9: SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS
  119. 110Meaning of suitable experience
  120. 111Savings of certain provisions of the Medical Act 1983
  121. 112Saving of section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992
  122. 113Saving of sections 2A and 6(5) of the Health Service Commissioners Act 1993
  123. 114Transitional provision in relation to the National Health Service (Injury Benefits) Regulations 1995
  124. 115Transitory modification of section 18 of the 1990 Act
  125. 116Modification of section 115 of the Police Act 1997
  126. 117Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994
  127. 118Transitory modification of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997
  128. 119Minor and consequential amendments
  129. 120Revocations
  130. Signature
  131. Schedule 1: MINOR AND CONSEQUENTIAL AMENDMENTS
  132. The Social Security (Medical Evidence) Regulations 1976
  133. 1Paragraph 1
  134. Medicines (Pharmacy and General Sale – Exemption) Order 1980
  135. 2Paragraph 2
  136. The Statutory Sick Pay (Medical Evidence) Regulations 1985
  137. 3Paragraph 3
  138. The National Health Service (General Ophthalmic Services) Regulations 1986
  139. 4Paragraph 4
  140. The Statutory Maternity Pay (Medical Evidence) Regulations 1987
  141. 5Paragraph 5
  142. Prescription Pricing Authority Constitution Order 1990
  143. 6Paragraph 6
  144. National Health Service Trusts (Membership and Procedure) Regulations 1990
  145. 7Paragraph 7
  146. The Children (Private Arrangements for Fostering) Regulations 1991
  147. 8Paragraph 8
  148. The National Health Service (General Dental Services) Regulations 1992
  149. 9Paragraph 9
  150. The National Health Service (Service Committees and Tribunal) Regulations 1992
  151. 10Paragraph 10
  152. The Dental Vocational Training Authority Regulations 1993
  153. 11Paragraph 11
  154. The Medicines for Human Use (Marketing Authorisations etc) Regulations 1994
  155. 12Paragraph 12
  156. The National Health Service (Injury Benefits) Regulations 1995
  157. 13Paragraph 13
  158. The National Health Service Contracts (Dispute Resolution) Regulations 1996
  159. 14Paragraph 14
  160. The National Health Service (Functions of Health Authorities) (Complaints) Regulations 1996
  161. 15Paragraph 15
  162. The Health Authorities (Membership and Procedure) Regulations 1996
  163. 16Paragraph 16
  164. The National Health Service (Indicative Amounts) Regulations 1997
  165. 17Paragraph 17
  166. The Prescription Only Medicines (Human Use) Order 1997
  167. 18Paragraph 18
  168. The National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997
  169. 19Paragraph 19
  170. The National Health Service (Pilot Schemes – Health Service Bodies) Regulations 1997
  171. 20Paragraph 20
  172. The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998
  173. 21Paragraph 21
  174. The Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999
  175. 22Paragraph 22
  176. The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
  177. 23Paragraph 23
  178. The Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000
  179. 24Paragraph 24
  180. The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000
  181. 25Paragraph 25
  182. The National Health Service (Charges for Drugs and Appliances) Regulations 2000
  183. 26Paragraph 26
  184. The Family Health Services Appeal Authority (Procedure) Rules 2001
  185. 27Paragraph 27
  186. The Care Homes Regulations 2001
  187. 28Paragraph 28
  188. The Children’s Homes Regulations 2001
  189. 29Paragraph 29
  190. The Private and Voluntary Health Care (England) Regulations 2001
  191. 30Paragraph 30
  192. The Fostering Services Regulations 2002
  193. 31Paragraph 31
  194. The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
  195. 32Paragraph 32
  196. The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002
  197. 33Paragraph 33
  198. The Counter Fraud and Security Management Service Regulations 2002
  199. 34Paragraph 34
  200. The Residential Family Centres Regulations 2002
  201. 35Paragraph 35
  202. The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003
  203. 36Paragraph 36
  204. The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
  205. 37Paragraph 37
  206. The Patients' Forums (Membership and Procedure) Regulations 2003
  207. 38Paragraph 38
  208. The Patients' Forums (Functions) Regulations 2003
  209. 39Paragraph 39
  210. The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
  211. 40Paragraph 40
  212. The NHSU Regulations 2003
  213. 41Paragraph 41
  214. The NHS Professionals Special Health Authority Regulations 2003
  215. 42Paragraph 42
  216. The Commission for Social Care Inspection (Membership) Regulations 2003
  217. 43Paragraph 43
  218. The Commission for Healthcare Audit and Inspection (Membership) Regulations 2003
  219. 44Paragraph 44
  220. The Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004
  221. 45Paragraph 45
  222. The General Medical Services Transitional and Consequential Provisions Order 2004
  223. 46Paragraph 46
  224. Schedule 2REVOCATIONS
  225. Explanatory note