The National Health Service (Personal Medical Services Agreements) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out, for England, the framework for personal medical services agreements under section 28C of the National Health Service Act 1977 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 28D of the Act, must be met by a contractor before the relevant body may enter into a personal medical services agreement with it.

Part 3 of the Regulations prescribes the procedure for pre-agreement dispute resolution, in accordance with section 28E(3D) of the Act. Part 3 applies to cases where the contractor is not a health service body. In cases where the contractor is such a body, the procedure for dealing with pre-agreement disputes is set out in section 4 of the National Health Service and Community Care Act 1990 (“the 1990 Act”).

Part 4 of the Regulations provides for a contractor to be a health service body for the purposes of section 4 of the 1990 Act unless it objects by serving a notice on the relevant body before the agreement is made.

Part 5 of (and Schedules 2 to 5, and 7 to 10 to) the Regulations prescribe the terms which, in accordance with section 28E of the Act, must be included in a personal medical services agreement.

The prescribed terms include terms relating to—

(a) the type of agreement (regulation 10);

(b) the manner in which services are to be provided (Part 1 of Schedule 5) and the procedures for opting out of out of hours services (regulation 16 and Schedule 4);

(c) the issuing of medical certificates (regulation 12 and Schedule 2);

(d) finance, fees and charges (regulations 13 to 15 and Schedule 3);

(e) patient registration and removal, list closures and assignments (Schedule 5, Part 2 and Schedules 7 and 8);

(f) prescribing and dispensing (Schedule 5, Part 3 and Schedule 9);

(g) the conditions to be met by those who perform services or are employed or engaged by the contractor (Schedule 5, Part 4);

(h) patient records, the provision of information and rights of entry (Schedule 5, Part 5 and Schedule 10);

(i) complaints (Schedule 5, Part 6);

(j) procedures for dispute resolution (Schedule 5, Part 7); and

(k) procedures for variation and termination of agreements and consequences of termination of the agreement (regulation 17 and Schedule 5, Part 8).

Part 6 of the Regulations provides for a contractor to terminate its agreement and enter into a general medical services contract.

Part 7 of the Regulations and Schedule 6 makes transitional provision.