The Health Services (Choice of Medical Practitioner) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations replace provisions of the General Medical Services Regulations (Northern Ireland) 1997 (“the GMS Regulations”) relating to the right (which is now enshrined in Article 15E of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order”)) of any person to choose the doctor from whom he is to receive primary medical services. These Regulations make provision in relation to both doctors who provide general medical services under Part VI of the 1972 Order, and doctors who perform personal medical services in connection with a pilot scheme under Article 3(1) of the Health Services (Primary Care) (Northern Ireland) Order 1997.

The Regulations specify the procedures for applying to be included in a doctor’s list of patients (regulation 2) and for changing doctor (regulation 3). They also make provision for temporary residents, who are not included in the list of a doctor in the vicinity of the place where they are presently residing, to choose the doctor by whom they are to be treated (regulation 6). They confirm that a person who has chosen a particular doctor will, in certain circumstances, continue to be included in that doctor’s list of patients if the doctor transfers from the provision of general medical services to the performance of personal medical services or vice versa (regulation 7).

The Regulations make provision for assignment to a doctor of persons who have not chosen a doctor, or who have not been accepted for inclusion in the list of the doctor of their choice. The Central Services Agency is required either to assign such a person to a doctor who provides general medical services in the area, or to require a person who provides piloted services (“a pilot scheme provider”) to make an assignment to a doctor who performs personal medical services under the pilot scheme in question. The Regulations set out the matters to which the Central Services Agency or, as the case may be, the pilot scheme provider must have regard in making or requiring an assignment, and specify circumstances in which an assignment may not be made to a particular doctor (regulations 4 and 5).

The directions to Health and Social Services Boards and the Central Services Agency concerning patient lists and the implementation of pilot schemes, which are referred to in these Regulations, can be obtained from–

Primary Care and Commissioning Development Directorate

Health and Social Services Executive

Dundonald House

Upper Newtownards Road

Belfast BT4 3SF