The National Health Service (General Medical Services) Regulations 1992

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the National Health Service Act 1977(1);

“assistant” means a doctor who is acting as an assistant to a doctor on the medical list;

“chemist” has the same meaning as in the Pharmaceutical Regulations;

“child” means a person who has not attained the age of 16 years;

“child health surveillance list” shall be construed in accordance with regulation 27;

“child health surveillance services” means the personal medical services described in regulation 28(2) and in Schedule 4;

“contraceptive services” has the same meaning as in regulation 3(1)(c);

“doctor” means a registered medical practitioner;

“domiciliary visit” means a visit by a doctor either to the place where the patient resides or to the place, other than the doctor’s practice premises, where the doctor is obliged, pursuant to paragraph 13 of the terms of service, to render personal medical services to the patient;

“drug” includes medicine;

“FHSA” means a Family Health Services Authority;

“Family Health Services Authority” means a body of that name established by the Secretary of State under section 10(1) of the Act(2);

“full-time doctor” shall be construed in accordance with regulation 15(1)(a);

“group practice” means an association of not less than two doctors both or all of whom—

(a)

have their names included in an FHSA’s medical list;

(b)

co-ordinate, in the course of regular contact between them, their respective obligations under the terms of service for doctors to provide personal medical services to their patients; and

(c)

conduct and manage their practices from at least one common set of practice premises;

“half-time doctor” shall be construed in accordance with regulation 15(1)(c);

“Health Committee” means the Health Committee of the General Medical Council constituted under section 1(3) of the Medical Act 1983(3);

“job-sharing doctor” shall be construed in accordance with regulation 15(1)(d);

“local directory” means the local directory of family doctors maintained by an FHSA pursuant to regulation 8;

“Local Medical Committee” means a committee recognised under section 44 of the Act(4) as being representative of medical practitioners in a locality;

“locality” means the locality for which an FHSA is established;

“maternity medical services” shall be construed in accordance with regulation 31 and Schedule 5;

“medical card” means a card issued by an FHSA to a person for the purpose of enabling him to obtain, or establishing his title to receive, general medical services, other than contraceptive services, maternity medical services, child health surveillance services and minor surgery services;

“medical list” shall be construed in accordance with regulation 4(1);

“medical officer” means a doctor in the service of the Department of Social Security or, as the case may be, of the Welsh Office;

“Medical Practices Committee” means the committee constituted in accordance with section 7 of the Act;

“medical records” means, in relation to any patient, the records maintained in respect of that patient pursuant to paragraph 36 of the terms of service;

“Medical Register” shall be construed in accordance with section 34 of the Medical Act 1983(5);

“minor surgery list” shall be construed in accordance with regulation 32;

“minor surgery services” means the personal medical services described in regulation 33 and in Schedule 6;

“obstetric list” shall be construed in accordance with regulation 30;

“parent” includes, in relation to any child, any adult person who, in the opinion of the doctor, is for the time being discharging in respect of that child the obligations normally attaching to a parent in respect of his child;

“patient” has the same meaning as in paragraph 4 of the terms of service;

“Pharmaceutical Regulations” means the National Health Service (Pharmaceutical Services) Regulations 1992(6);

“practice area” means the area in which a doctor is under an obligation to visit patients, by virtue either of his application for inclusion in the medical list or of any variation to it pursuant to these Regulations or the terms of service;

“practice premises” means, in relation to any doctor, the premises at which he is obliged under paragraph 29 of the terms of service to attend in order to be consulted by, or to provide treatment or services for, his patients;

“Preliminary Proceedings Committee” means the Preliminary Proceedings Committee of the General Medical Council constituted under section 1(3) of the Medical Act 1983;

“Professional Conduct Committee” means the Professional Conduct Committee constituted under section 1(3) of the Medical Act 1983;

“relevant service” means—

(a)

whole-time service in the armed forces of the Crown in a national emergency as a volunteer or otherwise; or

(b)

compulsory whole-time service in those forces, including service resulting from any reserve liability; or

(c)

any equivalent service by a person liable for compulsory whole-time service in those forces;

“restricted doctor” shall be construed in accordance with regulation 15(1)(e);

“restricted list principal” means a doctor who has undertaken to provide general medical services only to a restricted category of patients identified by reference to their connection with a particular establishment or organisation, and “restricted list” shall be construed accordingly;

“restricted services principal” means a doctor who has undertaken to provide general medical services limited to—

(a)

child health surveillance services;

(b)

contraceptive services;

(c)

maternity medical services; or

(d)

minor surgery services,

or to any combination of the above and “restricted services” shall be construed accordingly;

“temporary resident” shall be construed in accordance with regulation 26;

“terms of service” means the terms of service contained, or referred to, in Schedule 2;

“three-quarter-time doctor” shall be construed in accordance with regulation 15(1)(b);

“trainee general practitioner” means a doctor who is being trained in general practice;

“treatment” means medical attendance and treatment, but does not include child health surveillance services, contraceptive services, maternity medical services or minor surgery services, unless the doctor has undertaken to provide such services to the person concerned in accordance with these Regulations;

“the Tribunal” means the Tribunal constituted under section 46 of the Act(7).

(2) Except where expressly provided to the contrary, any document which is required or authorised to be given or sent to a person or body under these Regulations (including the terms of service) may be given or sent by delivering it to that person or, in the case of a body, to the secretary or general manager of that body or by sending it in a pre-paid envelope addressed to him or, in the case of a body, to the secretary or general manager of that body at his usual or last known address.

(3) Unless the context otherwise requires—

(a) any reference in these Regulations—

(i) to a numbered regulation is a reference to the regulation bearing that number in these Regulations,

(ii) to a numbered Part or Schedule is to the Part of, or Schedule to, these Regulations bearing that number,

(iii) to a form thereby prescribed includes a form substantially the same; and

(b) any reference in a regulation or in a Schedule to these Regulations to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or Schedule.

(4) Where, by virtue of directions given under section 13 of the Act, or by virtue of any arrangements made pursuant to regulations made under the Act, a function of the Secretary of State is exercisable by some other person or body, a reference in these Regulations to the Secretary of State in relation to that function includes a reference to the person or body exercising that function on behalf of the Secretary of State(8).

(1)

1977 c. 49.

(2)

Section 10 was substituted by section 5(1) of the Health and Social Security Act 1984 (c. 48) and amended by section 2(3)of the National Health Service and Community Care Act 1990 (c. 19). By virtue of section 2(1)(b) of the National Health Service and Community Care Act 1990, references in any Act to a Family Practitioner Committee fall to be construed as references to a Family Health Services Authority.

(3)

c.54.

(4)

Section 44 was amended by section 12(4) of the National Health Service and Community Care Act 1990 (c. 19).

(5)

1983 c. 54.

(6)

S.I. 1992/662.

(7)

1977 c. 49; section 46 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8, and modified by S.I.1985/39, article 7(16).

(8)

See S.I. 1992/660.