The National Health Service (Primary Medical Services) (Miscellaneous Amendments) (No. 2) Regulations 2005

Explanatory Note

(This note is not part of the Order)

These Regulations make amendments to certain regulations relating to primary medical services.

Part 2 amends the National Health Service (General Medical Services Contracts) Regulations 2004 (“the GMS Contracts Regulations”). In particular, it:

(a) makes provision in relation to batch issues and repeatable prescriptions (regulations 2(2) and (4), 6 and 7(5));

(b) provides that provisions that relate to a spouse will also relate to a civil partner (regulations 2(3) and 7(7));

(c) amends the definition of a “supplementary prescriber” to add optometrists to the list of those who may be so recognised (regulation 2(5));

(d) provides that a contract may be entered into with a person notwithstanding the fact that they have been removed from office as a trustee for a charity, provided such removal did not take place within the previous 5 years (regulation 3);

(e) amends the provision relating to payments under a GMS contract to clarify that payments should be made by either party in accordance with any relevant directions (regulation 4);

(f) amends the provisions of Schedule 6 of the GMS Contracts Regulations regarding the provision of dispensing services by contractors (regulations 5 and 7(2), (3) and (4));

(g) updates the reference to the good practice document to which contractors must have regard in connection with patient records (regulation 7(6)).

Part 3 makes amendments to the National Health Service (Personal Medical Services Agreements) Regulations 2004 (“the PMS Agreements Regulations”) which mirror those made to the GMS Contracts Regulations. In addition, regulation 13(2) amends the provision concerning seeking the views of the Local Medical Committee in considering whether a contractor has prescribed drugs or appliances in excess of what is reasonably necessary.

Part 4 makes amendments to the definitions of “batch issue” and “repeatable prescription” in the National Health Service (Pharmaceutical Services) Regulations 2005 (“the Pharmaceutical Regulations”) to reflect the changes made to the definitions of those terms in the GMS Contracts Regulations and the PMS Agreements Regulations.

Part 5 revokes certain disapplication provisions in relation to repeatable prescriptions and batch issues which are no longer required in the light of the amendments made in these Regulations.