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The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004

W.S.I. 2004/1016 · Made 31 March 2004 · Extends to England and Wales

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NATIONAL HEALTH SERVICE, WALES

Made 31st March 2004

Coming into force 1st April 2004

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 176, 195(1), 200 and 201 of the Health and Social Care (Community Health and Standards) Act 2003f1, 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 Wales, the appropriate authority is the Assembly.

Contents

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