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The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement, application and interpretation

  3. PART 2 TRANSTIONAL 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.Patient records

    18. 19.Rights of entry

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

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

    21. 22.Investigation of outstanding complaints

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

    23. 24.Reports to a medical officer

    24. 25.Inquiries about prescriptions and referrals

    25. 26.Notification of sub-contracts under general medical services contracts

    26. 27.Practice leaflet

    27. 28.Medical examination of medical practitioners

    28. 29.Patients not seen within three years

    29. 30.Patients aged 75 years and over

    30. 31.Arrangements for GP Registrars

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

    32. 33.Annual reports

    33. 34.Determination of question whether a substance is a drug

    34. 35.Entry on to medical performers list of persons approved under regulations 18A or 18B of the 1992 Regulations

    35. 36.Outstanding appeals against refusal of approval under regulations 18A or 18B of the 1992 Regulations

    36. 37.Permission for use of facilities in private practice under section 72 of the 1977 Act

    37. 38.Recovery of overpayments

    38. 39.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. 40.Application and interpretation of this Part

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

    3. 42.Newly registered patients

    4. 43.Temporary residents

    5. 44.Provision of immediately necessary treatment

    6. 45.Removals from the list of patients

    7. 46.Requirement to provide dispensing services

    8. 47.Sub-contracting

    9. 48.Complaints

    10. 49.Refund of fees

    11. 50.Annual returns and reviews

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

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

    14. 53.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 THE CHOICE REGULATIONS

    1. 54.Assignment of patients

    2. 55.Representations against assignments

  6. PART 5 TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES

    1. 56.Interpretation of this Part

    2. 57.Terms of general medical services contracts and default contracts

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

    4. 59.Approvals of out of hours arrangements under general medical services contracts and default contracts

    5. 60.Refusal of approval of out of hours arrangements under general medical services contracts and default contracts

    6. 61.Review of approval of out of hours arrangements under general medical services contracts and default contracts

    7. 62.Review of approval of out of hours arrangements under general medical services contracts which follow default contracts

    8. 63.Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

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

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

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

    12. 67.Sub-contracting of out of hours services under general medical services contracts

    13. 68.Out of hours services to patients not registered with general medical services contractors or default contractors

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

  7. PART 6 TRANSITIONAL ARRANGEMENTS: THE NATIONAL HEALTH SERVICE (SERVICE COMMITTEES AND TRIBUNAL) REGULATIONS 1992

    1. 70.Interpretation

    2. 71.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. 72.Referrals to investigating discipline committees before the relevant date (regulation 5 of the Service Committees Regulations)

    4. 73.Determination of a Local Health Board or the Assembly made before the relevant date (regulation 8, 9, 10 and 11 of the Service Committees Regulations)

    5. 74.Determination of a Local Health Board made on or after the relevant date (regulation 8 of the Service Committees Regulations)

    6. 75.Appeals to the Assembly against determinations of Local Health Boards (regulations 9, 10 and 11 of the Service Committees Regulations)

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

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

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

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

    11. 80.Functions of Local Medical Committees

  8. PART 7 MISCELLANEOUS

    1. 81.Details to be included on prescription forms

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

    3. 83.Continuing validity of forms

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

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

  9. PART 8 SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

    1. 86.Meaning of suitable experience

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

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

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

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

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

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

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

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

    10. 95.Minor and consequential amendments

    11. 96.Revocations

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

      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.(1) Subject to articles 70 to 80, the National Health...

      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 Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000

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

      23. The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) (Wales) Regulations 2001

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

      24. The National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001

        1. 24.(1) The National Health Service (Charges for Drugs and Appliances)...

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

        1. 25.(1) The Family Health Services Appeal Authority (Procedure) Rules 2001...

      26. The Care Homes (Wales) Regulations 2002

        1. 26.(1) The Care Homes (Wales) Regulations 2002 shall be amended...

      27. The Children’s Homes Regulations 2001

        1. 27.(1) The Children’s Homes Regulations 2001 shall be amended as...

      28. The Care Homes (Wales) Regulations 2002

        1. 28.(1) The Care Homes (Wales) Regulations 2002 shall be amended...

      29. The Fostering Services (Wales) Regulations 2003

        1. 29.(1) The Fostering Services (Wales) Regulations 2003 shall be amended...

      30. The Counter Fraud and Security Management Service Regulations 2002

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

      31. The Residential Family Centres (Wales) Regulations 2003

        1. 31.(1) The Residential Family Centres (Wales) Regulations 2003 shall be...

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

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

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

        1. 33.(1) The General and Specialist Medical Practice (Education, Training and...

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

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

      35. The Local Health Boards (Constitution, Membership and Procedure)(Wales) Regulations 2003

        1. 36.The Local Health Boards (Constitution, Membership and Procedure) (Wales) Regulations...

      36. The General Medical Services Transitional and Consequential Provisions Order (Wales) 2004

        1. 35.(1) The General Medical Services Transitional and Consequential Provisions Order...

    2. SCHEDULE 2

      REVOCATIONS

  11. Explanatory Note

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