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The National Health Service (Choice of Medical Practitioner) Amendment (Wales) Regulations 2000

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Welsh Statutory Instruments

2000 No. 1708 (W.115)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Choice of Medical Practitioner) Amendment (Wales) Regulations 2000

Made

21st June 2000

Coming into force

1st July 2000

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by sections 28F(1) and (2) and 126(4) of the National Health Service Act 1977(1) and all other powers enabling it in that behalf:—

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the National Health Service (Choice of Medical Practitioner) Amendment (Wales) Regulations 2000 and shall come into force on 1st July 2000.

(2) In these Regulations, “the principal Regulations” (“y prif Reoliadau”) means the National Health Service (Choice of Medical Practitioner) Regulations 1998(2).

(3) These Regulations shall apply to Wales only.

Amendment of the principal Regulations

2.  At the end of regulation 1 of the principal Regulations there shall be inserted the following paragraph—

(3) In respect of regulations 4 and 5 the amendments made by the National Health Service (Choice of Medical Practitioner) Amendment Regulations 1999(3) shall also have effect in Wales.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4).

D.Elis Thomas

The Presiding Officer of the National Assembly

21 June 2000

Explanatory Note

(This note does not form part of the Regulations)

These Regulations have effect to amend the National Health Service (Choice of Medical Practitioner) Regulations 1998 (“the principal Regulations”) which relate to the right of persons to choose the doctor from whom they wish to receive primary medical services.

The textual amendments of the principal Regulations which are made by the National Health Service (Choice of Medical Practitioner) Amendment Regulations 1999 (“the 1999 Regulations”) and which extend to England are made to have effect in Wales.

The 1999 Regulations amend regulation 4 of the principal Regulations (assignment of persons to doctors) by amending the provisions for a Health Authority assigning a patient to a doctor so that account may be taken by a Health Authority of patients who have acted violently to their doctor in the past, so that a doctor with the most appropriate facilities may be chosen.

The 1999 Regulations also make similar amendments to Regulation 5 of the principal Regulations, which deal with the assignment of a patient to a doctor by a “pilot scheme provider”.

(1)

1977 c. 49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. Section 28F was inserted by the National Health Service (Primary Care ) Act 1997 (c. 46), section 23(1). Section 126(4) was amended by the 1990 Act, section 65(2); and (in relation to England) the Health Act 1999 (c. 8), Schedule 4, paragraph 37(6). The functions of the Secretary of State under sections 28F and 126(4) of the National Health Service Act 1977 (c. 49) were transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

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