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