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

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  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

    1. SCHEDULE 1

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Social Security (Medical Evidence) Regulations 1976

        1. 1.(1) The Social Security (Medical Evidence) Regulations 1976 shall be...

      2. Medicines (Pharmacy and General Sale – Exemption) Order 1980

        1. 2.(1) The Medicines (Pharmacy and General Sale – Exemption) Order...

      3. The Statutory Sick Pay (Medical Evidence) Regulations 1985

        1. 3.In the Statutory Sick Pay (Medical Evidence) Regulations 1985, in...

      4. The National Health Service (General Ophthalmic Services) Regulations 1986

        1. 4.(1) The National Health Service (General Ophthalmic Services) Regulations 1986...

      5. The Statutory Maternity Pay (Medical Evidence) Regulations 1987

        1. 5.In the Statutory Maternity Pay (Medical Evidence) Regulations 1987, in...

      6. Prescription Pricing Authority Constitution Order 1990

        1. 6.In the Prescription Pricing Authority Constitution Order 1990, in article...

      7. National Health Service Trusts (Membership and Procedure) Regulations 1990

        1. 7.(1) The National Health Service Trusts (Membership and Procedure) Regulations...

      8. The Children (Private Arrangements for Fostering) Regulations 1991

        1. 8.(1) The Children (Private Arrangements for Fostering) Regulations 1991 shall...

      9. The National Health Service (General Dental Services) Regulations 1992

        1. 9.In the National Health Service (General Dental Services) Regulations 1992,...

      10. The National Health Service (Service Committees and Tribunal) Regulations 1992

        1. 10.Subject to articles 94 to 104, the National Health Service...

      11. The Dental Vocational Training Authority Regulations 1993

        1. 11.In the Dental Vocational Training Authority Regulations 1993, in regulation...

      12. The Medicines for Human Use (Marketing Authorisations etc) Regulations 1994

        1. 12.In the Medicines for Human Use (Marketing Authorisations etc) Regulations...

      13. The National Health Service (Injury Benefits) Regulations 1995

        1. 13.(1) The National Health Service (Injury Benefits) Regulations 1995 shall...

      14. The National Health Service Contracts (Dispute Resolution) Regulations 1996

        1. 14.In the National Health Service Contracts (Dispute Resolution) Regulations 1996,...

      15. The National Health Service (Functions of Health Authorities) (Complaints) Regulations 1996

        1. 15.In the National Health Service (Functions of Health Authorities) (Complaints)...

      16. The Health Authorities (Membership and Procedure) Regulations 1996

        1. 16.(1) The Health Authorities (Membership and Procedure) Regulations 1996 shall...

      17. The National Health Service (Indicative Amounts) Regulations 1997

        1. 17.In the National Health Service (Indicative Amounts) Regulations 1997, in...

      18. The Prescription Only Medicines (Human Use) Order 1997

        1. 18.(1) The Prescription Only Medicines (Human Use) Order 1997 shall...

      19. The National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997

        1. 19.(1) In the National Health Service (Proposals for Pilot Schemes)...

      20. The National Health Service (Pilot Schemes – Health Service Bodies) Regulations 1997

        1. 20.(1) In the National Health Service (Pilot Schemes – Health...

      21. The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998

        1. 21.(1) The Medical Act 1983 (Approved Medical Practices and Conditions...

      22. The Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999

        1. 22.(1) The Primary Care Trusts (Consultation on Establishment, Dissolution and...

      23. The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

        1. 23.(1) The Primary Care Trusts (Membership, Procedure and Administration Arrangements)...

      24. The Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000

        1. 24.In the Health Service Medicines (Control of Prices of Branded...

      25. The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000

        1. 25.In the National Health Service (Payments by Local Authorities to...

      26. The National Health Service (Charges for Drugs and Appliances) Regulations 2000

        1. 26.(1) The National Health Service (Charges for Drugs and Appliances)...

      27. The Family Health Services Appeal Authority (Procedure) Rules 2001

        1. 27.(1) The Family Health Services Appeal Authority (Procedure) Rules 2001...

      28. The Care Homes Regulations 2001

        1. 28.(1) The Care Homes Regulations 2001 shall be amended as...

      29. The Children’s Homes Regulations 2001

        1. 29.(1) The Children’s Homes Regulations 2001 shall be amended as...

      30. The Private and Voluntary Health Care (England) Regulations 2001

        1. 30.(1) The Private and Voluntary Health Care (England) Regulations 2001...

      31. The Fostering Services Regulations 2002

        1. 31.(1) The Fostering Services Regulations 2002 shall be amended as...

      32. The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002

        1. 32.(1) The National Health Service (Functions of Strategic Health Authorities...

      33. The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

        1. 33.(1) The Commission for Patient and Public Involvement in Health...

      34. The Counter Fraud and Security Management Service Regulations 2002

        1. 34.In the Counter Fraud and Security Management Service Regulations 2002—...

      35. The Residential Family Centres Regulations 2002

        1. 35.(1) The Residential Family Centres Regulations 2002 shall be amended...

      36. The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003

        1. 36.In the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations...

      37. The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

        1. 37.(1) The General and Specialist Medical Practice (Education, Training and...

      38. The Patients' Forums (Membership and Procedure) Regulations 2003

        1. 38.In the Patients' Forums (Membership and Procedure) Regulations 2003—

      39. The Patients' Forums (Functions) Regulations 2003

        1. 39.In the Patients' Forums (Functions) Regulations 2003, in regulation 3...

      40. The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

        1. 40.In regulation 3 of the National Health Service (Travel Expenses...

      41. The NHSU Regulations 2003

        1. 41.In the NHSU Regulations 2003— (a) in regulation 1(3) (citation,...

      42. The NHS Professionals Special Health Authority Regulations 2003

        1. 42.In regulation 1(3) of the NHS Professionals Special Health Authority...

      43. The Commission for Social Care Inspection (Membership) Regulations 2003

        1. 43.In the Commission for Social Care Inspection (Membership) Regulations 2003—...

      44. The Commission for Healthcare Audit and Inspection (Membership) Regulations 2003

        1. 44.In the Commission for Healthcare Audit and Inspection (Membership) Regulations...

      45. The Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004

        1. 45.(1) The Crime and Disorder Strategies (Prescribed Descriptions) (England) Order...

      46. The General Medical Services Transitional and Consequential Provisions Order 2004

        1. 46.(1) The General Medical Services Transitional and Consequential Provisions Order...

    2. SCHEDULE 2

      REVOCATIONS

  12. Explanatory Note

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