The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement, application and interpretation

3. PART 2 TRANSITIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES

   1. 2. Application and interpretation of this Part

   2. 3. Applications for inclusion in lists of patients

   3. 4. Acceptance of applications for inclusion in lists of patients

   4. 5. Removal from the list of patients at the request of the patient

   5. 6. Removal from the list of patients at the request of the relevant medical practitioner

   6. 7. Removals from the list of patients who are violent

   7. 8. Removals from the list of patients who have moved

   8. 9. Removals not reflected in the list of patients on 31st March 2004

   9. 10. Applications for acceptance as a temporary resident

   10. 11. Acceptance of temporary residents

   11. 12. Termination of responsibility for temporary residents

   12. 13. Provision of immediately necessary treatment

   13. 14. Newly registered patients

   14. 15. Appointments system

   15. 16. Qualifications of performers

   16. 17. Independent nurse prescribers and supplementary prescribers

   17. 18. Repeatable prescribing services

   18. 19. Patient records

   19. 20. Rights of entry

   20. 21. Refusal of approval of premises under paragraphs 29 and 29A of Schedule 2 to the 1992 Regulations

   21. 22. Withdrawal of approval of premises under paragraph 29A of Schedule 2 to the 1992 Regulations

   22. 23. Investigation of outstanding complaints

   23. 24. Complaints relating to general medical services made after 31st March 2004

   24. 25. Reports to a medical officer

   25. 26. Inquiries about prescriptions and referrals

   26. 27. Notification of deaths

   27. 28. Arrangements with organisations providing deputy doctors

   28. 29. Notification of sub-contracts under general medical services contracts

   29. 30. Practice leaflet

   30. 31. Medical examination of medical practitioners

   31. 32. Patients not seen within three years

   32. 33. Patients aged 75 years and over

   33. 34. Arrangements for GP Registrars

   34. 35. Refund of fees paid under paragraph 38(f) of Schedule 2 to the 1992 Regulations

   35. 36. Annual reports

   36. 37. Determination of question whether a substance is a drug

   37. 38. Entry on to medical performers list of persons approved under regulation 18A or 18B of the 1992 Regulations

   38. 39. Outstanding appeals against refusal of approval under regulation 18A or 18B of the 1992 Regulations

   39. 40. Permission for use of facilities in private practice under section 72 of the 1977 Act

   40. 41. Recovery of overpayments

   41. 42. Continuation of pre-contract disputes relating to general medical services contracts

4. PART 3 TRANSITIONAL PROVISIONS FOR GENERAL MEDICAL SERVICES CONTRACTS WHICH FOLLOW DEFAULT CONTRACTS

   1. 43. Application and interpretation of this Part

   2. 44. Carry over of approvals, applications, notices etc.

   3. 45. Newly registered patients

   4. 46. Temporary residents

   5. 47. Provision of immediately necessary treatment

   6. 48. Removals from the list of patients

   7. 49. Requirement to provide dispensing services

   8. 50. Sub-contracting

   9. 51. Complaints

   10. 52. Refund of fees

   11. 53. Annual returns and reviews

   12. 54. Carry-over of disputes between default and general medical services contracts

   13. 55. Grounds for termination of the general medical services contract

   14. 56. Notifications to patients affected by differences between the terms of a default and a general medical services contract

5. PART 4 TRANSITIONAL PROVISIONS RELATING TO PERSONAL MEDICAL SERVICES

   1. 57. Definitions

   2. 58. Existing pilot schemes

   3. 59. Variation of transitional agreements

   4. 60. Interpretation of transitional agreements

   5. 61. Modification of the Implementation Directions for the purposes of transitional agreements

   6. 62. Modification of the 1992 Regulations for the purposes of transitional agreements

   7. 63. Modification of the Choice Regulations for the purposes of transitional agreements

   8. 64. Assignment of patients: transitional agreements

   9. 65. Representations against a requirement to assign: transitional agreements

   10. 66. Variation and termination of transitional agreements

   11. 67. Termination of transitional agreements varied under article 59

   12. 68. Health service body status

   13. 69. Dispute resolution

6. PART 5 TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS

   1. 70. Assignment of patients

   2. 71. Representations against assignments

7. PART 6 TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES

   1. 72. Interpretation of this Part

   2. 73. Terms of general medical services contracts, default contracts and personal medical services agreements

   3. 74. Applications for approval of out of hours arrangements under general medical services contracts and default contracts

   4. 75. Applications for approval of out of hours arrangements under personal medical services agreements

   5. 76. Approvals of out of hours arrangements under general medical services contracts and default contracts

   6. 77. Approvals of out of hours arrangements under personal medical services agreements

   7. 78. Suspension of approvals and of out of hours arrangements under general medical services contracts, default contracts and personal medical services agreements

   8. 79. Refusal of approval of out of hours arrangements under general medical services contracts and default contracts

   9. 80. Refusal of approval of out of hours arrangements under personal medical services agreements

   10. 81. Review of approval of out of hours arrangements under general medical services contracts and default contracts

   11. 82. Review of approval of out of hours arrangements under general medical services contracts which follow default contracts

   12. 83. Review of out of hours arrangements under personal medical services agreements

   13. 84. Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

   14. 85. Withdrawal of approval of out of hours arrangements under personal medical services agreements

   15. 86. Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

   16. 87. References to the NHS dispute resolution procedure in general medical services contracts which follow default contracts

   17. 88. Carry over of disputes relating to out of hours arrangements between default contracts and general medical services contracts

   18. 89. Appeal against immediate withdrawal of approval of out of hours arrangements under personal medical services agreements

   19. 90. Saving and transitory provision in relation to regulations 1 to 11 of the Out of Hours Regulations

   20. 91. Sub-contracting of out of hours services under general medical services contracts

   21. 92. Out of hours services to patients not registered with general medical services contractors or default contractors

   22. 93. Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the Transitional Order

8. PART 7 TRANSITIONAL ARRANGEMENTS: THE NATIONAL HEALTH SERVICE (SERVICE COMMITTEES AND TRIBUNAL) REGULATIONS 1992

   1. 94. Interpretation

   2. 95. Cases 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)

   3. 96. Referrals to investigating discipline committees before the relevant date (regulation 5 of the Service Committees Regulations)

   4. 97. Determination of a Primary Care Trust or the Secretary of State made before the relevant date (regulations 8, 9, 10 and 11 of the Service Committees Regulations)

   5. 98. Determination of a Primary Care Trust made on or after the relevant date (regulation 8 of the Service Committees Regulations)

   6. 99. Appeals to the Secretary of State against determinations of Primary Care Trusts (regulations 9, 10 and 11 of the Service Committees Regulations)

   7. 100. Excessive prescribing (regulation 15 of the Service Committees Regulations)

   8. 101. Investigation of certification (regulation 16 of the Service Committees Regulations)

   9. 102. Investigation of record keeping (regulation 17 of the Service Committees Regulations)

   10. 103. Decision as to treatment for which fees may be charged by doctors (regulation 18 of the Service Committees Regulations)

   11. 104. Functions of Local Medical Committees

9. PART 8 MISCELLANEOUS

   1. 105. Details to be included on prescription forms etc.

   2. 106. Transitional provision in cases where preferential treatment on transferring to medical lists was given

   3. 107. Continuing validity of forms

   4. 108. Transitory interpretation of references in enactments to primary medical services

   5. 109. Transitory interpretation of references to general medical services contracts

10. PART 9 SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

    1. 110. Meaning of suitable experience

    2. 111. Savings of certain provisions of the Medical Act 1983

    3. 112. Saving of section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992

    4. 113. Saving of sections 2A and 6(5) of the Health Service Commissioners Act 1993

    5. 114. Transitional provision in relation to the National Health Service (Injury Benefits) Regulations 1995

    6. 115. Transitory modification of section 18 of the 1990 Act

    7. 116. Modification of section 115 of the Police Act 1997

    8. 117. Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994

    9. 118. Transitory modification of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997

    10. 119. Minor and consequential amendments

    11. 120. Revocations

11. Signature

12. SCHEDULES

    1. Schedule 1

       Minor and consequential amendments

    2. Schedule 2

       Revocations

13. Explanatory Note