2.—(1) In this Part—
(a)articles 3 to 31 apply to a default contract or a general medical services contract entered into on or before 31st March 2004 with—
(i)an individual medical practitioner who has entered into the general medical services contract pursuant to an entitlement under article 3 of the Transitional Order or the default contract pursuant to article 13 of that Order,
(ii)two or more individuals practising in partnership who have entered into the general medical services contract pursuant to an entitlement under article 5 of that Order or the default contract pursuant to article 13 of that Order, or
(iii)a company in which one or more of the legal and beneficial shareholders is, on the date on which the general medical services contract is signed, providing services under section 29 of the 1977 Act;
(b)articles 29 and 30 apply to the contracts specified in sub-paragraph (a) and to a general medical services contract which takes effect immediately after a default contract with the same parties ceases to have effect; and
(c)article 31 applies to all general medical services contracts and default contracts entered into before 1st April 2005.
(2) Unless it is entered into with a person to whom the particular article does not apply, a general medical services contract or a default contract which falls within paragraph (1) shall include, or be deemed to include, terms which have the effect specified in articles 3 to 34.
(3) In this Part—
“relevant medical practitioner” means a medical practitioner who—
on 31st March 2004, or on the date on which a default contract or a general medical services contract is entered into, if earlier, is providing services under section 29 of the 1977 Act; and
on or before 31st March 2004—
has entered into a default contract or a general medical services contract as an individual medical practitioner or as one of two or more individuals practising in partnership, or
is a legal and beneficial shareholder in a company which has entered into a general medical services contract;
“succeeding contractor” means the default contractor which is a party to the default contract or the general medical services contractor which is a party to the general medical services contract which—
a relevant medical practitioner has entered into either as an individual medical practitioner or as one of two or more individuals practising in partnership; or
has been entered into by a company in which a relevant medical practitioner is a legal and beneficial shareholder.
3. Where, on or before 31st March 2004, a person had applied to a relevant medical practitioner for inclusion in his or her list of patients pursuant to regulation 2 or 3(1) of the Choice Regulations but on 31st March 2004 that application had not yet been determined, the application shall, on 1st April 2004, be regarded as if it had been made to the succeeding contractor under—
(a)the term of its general medical services contract which gives effect to paragraph 15 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of its default contract.
4.—(1) Where, on or before 31st March 2004, a relevant medical practitioner had agreed to accept a person on his or her list of patients pursuant to paragraph 6 of Schedule 2 to the 1992 Regulations(1) but on 31st March 2004 he or she had not yet sent the signed medical card or the application to the Local Health Board in accordance with sub-paragraph (3) of that paragraph, that acceptance shall be regarded on 1st April 2004 as an acceptance by the succeeding contractor and notification of that acceptance shall be sent by the succeeding contractor to the Local Health Board in accordance with—
(a)the term of its general medical services contract which gives effect to paragraph 15(5) of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of its default contract.
(2) In paragraph (1), “medical card” has the same meaning as in regulation 2(1) of the 2004 Regulations.
5. Where, on or before 31st March 2004, a Local Health Board had received notice from a patient under regulation 23(1)(a) of the 1992 Regulations(2) that he or she wished to be removed from a relevant medical practitioner’s list of patients but on 31st March 2004 that removal had not yet taken effect in accordance with regulation 23(1)(b) of those Regulations, the removal shall take effect as a removal from the list of patients of the succeeding contractor as if it were a removal pursuant to a request received by the Local Health Board in accordance with—
(a)the term of the succeeding contractor’s general medical services contract which gives effect to paragraph 19 of Schedule 6 to the 2004 Regulations, subject to the modification that the reference to the period of 14 days in the term which gives effect to paragraph 19(3)(b) shall be read as a reference to the period of 14 days after the date on which the request made under regulation 23(1)(a) of the 1992 Regulations was received by the Local Health Board; or
(b)the equivalent term of its default contract subject to a modification to the same effect.
6.—(1) Where, on or before 31st March 2004, a relevant medical practitioner had notified the Local Health Board that he or she wished to have a patient removed from his or her list of patients in accordance with paragraph 9 of Schedule 2 to the 1992 Regulations(3) but that removal had, on 31st March 2004, not yet taken effect, paragraph (2) shall apply.
(2) Except where paragraph (3) applies, the removal shall take effect as a removal from the list of patients of the succeeding contractor under—
(a)the term of its general medical services contract which gives effect to paragraph 20(8) of Schedule 6 to the 2004 Regulations, subject to the modification that the reference in that term to the eighth day after the Local Health Board receives the notice shall be read as a reference to the eighth day after the Local Health Board received the notice sent under paragraph 9 of Schedule 2 to the 1992 Regulations; or
(b)the equivalent term of its default contract, subject to a modification to the same effect.
(3) Where, on or before 31st March 2004, the Local Health Board had been—
(a)informed by the relevant medical practitioner under paragraph 9(2) of Schedule 2 to the 1992 Regulations that he or she was treating the patient at intervals of less than seven days but had not yet been notified by him or her that the patient no longer needed such treatment; or
(b)notified by the relevant medical practitioner under that paragraph that the person no longer needed treatment at intervals of less than seven days,
paragraph (4) shall apply.
(4) In a case which falls within paragraph (3), the removal shall take effect as a removal from the list of patients of the succeeding contractor on—
(a)the date on which the Local Health Board receives notification of the registration of the person with another provider of essential services (or their equivalent);
(b)the eighth day after the Local Health Board received notice from the relevant medical practitioner that the person no longer needed treatment at intervals of less than seven days; or
(c)the eighth day after the Local Health Board receives notice from the succeeding contractor that the patient no longer needs treatment at intervals of less than seven days,
whichever is the sooner.
7.—(1) This article applies where, on or before 31st March 2004, a person had been removed from a relevant medical practitioner’s list of patients with immediate effect pursuant to paragraph 9A of Schedule 2 to the 1992 Regulations(4) but—
(a)confirmation in writing had not yet been given to the Local Health Board under paragraph 9A(2);
(b)reasonable steps had not yet been taken by the relevant medical practitioner under paragraph 9A(4) to inform the person whose name had been removed; or
(c)written notice of the removal had not yet been given to the person by the Local Health Board under regulation 19(6B) of the 1992 Regulations(5).
(2) In a case to which paragraph (1)(a) applies written confirmation of the request for removal shall be given to the Local Health Board by the succeeding contractor within 7 days from the date on which notification was given under paragraph 9A(1).
(3) In a case to which paragraph (1)(b) applies, reasonable steps shall be taken by the succeeding contractor to inform the patient of the request for removal.
(4) In a case to which paragraph (1)(c) applies, the Local Health Board shall send written notice of the removal to the patient.
8.—(1) Where, on or before 31st March 2004, a Local Health Board had informed a patient and a relevant medical practitioner, in accordance with regulation 23(2) of the 1992 Regulations(6), that the medical practitioner was no longer obliged to visit and treat him or her but the 30 days referred to in that regulation had not yet expired, that information shall be regarded as if it had been given under—
(a)the term of the succeeding contractor’s general medical services contract which gives effect to paragraph 23 of Schedule 6 to the 2004 Regulations, subject to the modification that the reference to the period of 30 days in the term which gives effect to paragraph 23(1)(c) shall be read as a reference to 30 days from the date of the information given by the Local Health Board under regulation 23(2) of the 1992 Regulations; or
(b)the equivalent term of its default contract subject to a modification to the same effect.
(2) Where, on or before 31st March 2004, a Local Health Board had given a relevant medical practitioner notice in writing, in accordance with regulation 23(4) of the 1992 Regulations(7), that it intended to remove a person from the practitioner’s list of patients but the six months referred to in that regulation had not yet expired, that notice shall be regarded as if it had been given to the succeeding contractor under—
(a)the term of its general medical services contract which gives effect to paragraph 24 of Schedule 6 to the 2004 Regulations, subject to the modification that the reference to the period of six months in the term which gives effect to paragraph 24(a) shall be read as a reference to six months from the date of the notice given by the Local Health Board under regulation 23(4) of the 1992 Regulations; or
(b)the equivalent term of its default contract subject to a modification to the same effect.
9.—(1) This article applies where—
(a)on or before 31st March 2004, the removal of a patient from a relevant medical practitioner’s list of patients had taken effect under the 1992 Regulations; and
(b)the Local Health Board had not, on 31st March 2004, reflected that removal in the list of patients of that medical practitioner which it maintained under regulation 19 of the 1992 Regulations.
(2) In a case to which this article applies, the Local Health Board shall—
(a)remove the patient from the succeeding contractor’s list of patients as soon as reasonably practicable after 1st April 2004; and
(b)if notification of the removal was required to be given to the medical practitioner or the patient under the provision of the 1992 Regulations relevant to the removal and had not been given on or before 31st March 2004, notify the succeeding contractor and the patient of the removal.
10. Where, on or before 31st March 2004, a person had applied to a relevant medical practitioner for acceptance as a temporary resident under regulation 7 of the Choice Regulations but on 31st March 2004 that application had not yet been determined, the application shall be regarded as if it had been made to the succeeding contractor and shall be dealt with in accordance with—
(a)the term of its general medical services contract which gives effect to paragraphs 16 and 17 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent terms of its default contract.
11.—(1) This article applies where—
(a)on or before 31st March 2004, a relevant medical practitioner had accepted a person as a temporary resident under paragraph 7(b) of Schedule 2 to the 1992 Regulations(8); and
(b)on 31st March 2004, his or her responsibility for that patient had not yet been terminated under paragraphs 9 and 10 of that Schedule(9) or the period for which the person was accepted as a temporary resident had not yet come to an end.
(2) In a case to which this article applies, the person shall, on 1st April 2004, be treated as if he or she had been accepted as a temporary resident by the succeeding contractor under—
(a)the term of its general medical services contract which gives effect to paragraph 16 of Schedule 6 to the 2004 Regulations, subject to the modification that reference to a period of three months in that term shall be read as a reference to a period of three months starting with the date on which the person was accepted as a temporary resident by the relevant medical practitioner under paragraph 7 of Schedule 2 to the 1992 Regulations; or
(b)the equivalent term of its default contract subject to a modification to the same effect.
12. Where, on or before 31st March 2004, a relevant medical practitioner had informed the Local Health Board in writing in accordance with paragraph 10 of Schedule 2 to the 1992 Regulations that he or she wished to terminate his or her responsibility for a temporary resident but, on 31st March 2004, that responsibility had not yet terminated under paragraph 9 of that Schedule, the responsibility of the succeeding contractor for that temporary resident shall terminate seven days after the date on which the information under paragraph 10 of Schedule 2 to the 1992 Regulations was given to the Local Health Board by the relevant medical practitioner.
13. Where, on 31st March 2004, a relevant medical practitioner was responsible for providing immediately necessary treatment to any person under paragraph 4(4) of Schedule 2 to the 1992 Regulations(10), the succeeding contractor shall continue to be responsible for providing such treatment to that person for the period for which the relevant medical practitioner would have been responsible if that paragraph had not been revoked.
14.—(1) This article applies where, on 31st March 2004, a patient specified in paragraph (2)—
(a)was entitled to be invited to participate in a consultation under paragraph 14(1) of Schedule 2 to the 1992 Regulations(11); and
(b)had not been given such an invitation.
(2) The patient referred to in paragraph (1) is a patient—
(a)who, on or before 31st March 2004—
(i)had applied for inclusion in a relevant medical practitioner’s list of patients under regulation 2 or 3 of the Choice Regulations and whose application had been accepted, or
(ii)had been assigned to a relevant medical practitioner’s list under regulation 4 of the Choice Regulations; and
(b)in respect of whom a Local Health Board had not granted deferment of the obligation to invite him or her to participate in a consultation under paragraph 14 of Schedule 2 to the 1992 Regulations.
(3) A patient to whom this article applies shall, on 1st April 2004, be regarded as a patient who falls within —
(a)the term of the succeeding contractor’s general medical services contract which gives effect to paragraph 4 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of its default contract.
15. Where, on or before 31st March 2004, a relevant medical practitioner had notified a Local Health Board under paragraph 31 of Schedule 2 to the 1992 Regulations—
(a)that he or she intended to operate an appointments system; or
(b)of any proposal to discontinue such a system,
that notice shall be regarded as a notice given by the succeeding contractor to the Local Health Board for the purposes of the term of the general medical services contract which gives effect to paragraph 80(c) of Schedule 6 to the 2004 Regulations or the equivalent term of the default contract.
16.—(1) Where, on 1st April 2004, a succeeding contractor continues to employ or engage a person who on 31st March 2004 was employed or engaged in accordance with the requirements of Schedule 2 to the 1992 Regulations by the relevant medical practitioner in relation to whom it is a succeeding contractor, paragraphs (2) and (3) shall apply.
(2) The requirements to make checks contained in the terms of the general medical services contract which give effect to paragraphs 56(1)(b) and 57(1) of Schedule 6 to the 2004 Regulations, or in the equivalent terms of the default contract—
(a)in a case where equivalent checks have previously been carried out in respect of that person by the relevant medical practitioner, shall not apply; or
(b)in any other case, shall apply subject to the modification that the checks may be carried out at any time up to 30th June 2004.
(3) The requirement to obtain references in the term of the general medical services contract which gives effect to paragraph 58 of Schedule 6 to the 2004 Regulations, or in the equivalent term of the default contract, shall not apply if such references have been obtained, checked and found to be satisfactory by the relevant medical practitioner by whom the health care professional was employed or engaged on 31st March 2004.
17.—(1) Where, on or before 31st March 2004, a relevant medical practitioner had notified the Local Health Board of any matters relating to an independent nurse prescriber or a supplementary prescriber under paragraph 28A of Schedule 2 to the 1992 Regulations(12), the succeeding contractor shall not be required to notify the Local Health Board of those same matters under—
(a)the term of its general medical services contract which gives effect to paragraph 64 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of its default contract.
(2) In paragraph (1), “independent nurse prescriber” and “supplementary prescriber” have the same meaning as in paragraph 1 of Schedule 2 to the 1992 Regulations(13).
18.—(1) Where, on 31st March 2004, a relevant medical practitioner had the written consent of the Local Health Board to the keeping of computerised records under paragraph 36 of Schedule 2 to the 1992 Regulations and that consent had not been withdrawn, that consent shall be regarded as written consent to the succeeding contractor for the purposes of —
(a)the term of its general medical services contract which gives effect to paragraph 72 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of the default contract.
(2) Where—
(a)on or before 31st March 2004, a Local Health Board had requested a relevant medical practitioner to send it the records relating to a patient under paragraph 36(6) of Schedule 2 to the 1992 Regulations; and
(b)on 31st March 2004 that request had not yet been complied with,
the records requested shall be sent by the succeeding contractor to the Local Health Board as soon as possible.
(3) Where, on or before 31st March 2004, a relevant medical practitioner had been informed of the death of a patient on its list by the Local Health Board or had otherwise learned of the death of such a patient but on 31st March 2004 had not yet sent that patient’s records to the Local Health Board in accordance with paragraph 36(6)(b) of Schedule 2 to the 1992 Regulations, those records shall be sent to the Local Health Board by the succeeding contractor—
(a)in a case in which the relevant medical practitioner was informed of the death by the Local Health Board, within 14 days of the date on which he or she was so informed; or
(b)in any other case, within one month of the date on which the relevant medical practitioner learned of the death.
19.—(1) Where, on or before 31st March 2004, a relevant medical practitioner had received a written request for inspection of his or her practice premises under paragraph 27(b) of Schedule 2 to the 1992 Regulations(14) but, on 31st March 2004, no inspection had yet taken place pursuant to that request, the request shall, on 1st April 2004, be regarded as notice of an intended entry to the succeeding contractor under—
(a)the term of its general medical services contract which gives effect to paragraph 87 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of its default contract.
(2) In determining whether reasonable notice was given of any entry to the practice premises following a notice referred to in paragraph (1), regard shall be had to the date on which the request under paragraph 27(b) of Schedule 2 to the 1992 Regulations was made.
20.—(1) Where, on or before 31st March 2004, a Local Health Board had notified a relevant medical practitioner under paragraph 29(12) of Schedule 2 to the 1992 Regulations(15) of its refusal of an application made under—
(a)paragraphs 29(1) or (17) of that Schedule in relation to any place at which he or she was to be available; or
(b)paragraphs 29A(1) or (6) of that Schedule(16) in relation to the treatment of patients other than at his or her practice premises,
paragraphs (2) and (3) shall apply.
(2) Where, on 31st March 2004, the time for appealing against the refusal specified in paragraph 29(13) of Schedule 2 to the 1992 Regulations had not expired and no appeal had yet been made, the time for appealing shall continue as if paragraph 29 and, if applicable, paragraph 29A of that Schedule had not been revoked.
(3) Where—
(a)on 31st March 2004, the relevant medical practitioner had appealed in writing against that refusal under paragraph 29(13) of Schedule 2 to the 1992 Regulations but the appeal had not been determined or withdrawn; or
(b)after 31st March 2004, an appeal is made pursuant to paragraph (2),
that appeal shall be dealt with or continue to be dealt with, as if paragraph 29 and, if applicable, paragraph 29A of that Schedule had not been revoked.
(4) Where an appeal dealt with under paragraph (3) is successful, the Local Health Board shall agree to a variation of the contract which it holds with the succeeding contractor which has the effect of adding to the list of practice premises under that contract the premises approved as a result of the appeal.
(5) A variation agreed by the Local Health Board pursuant to paragraph (4) shall have effect—
(a)from a date no later than 28 days after the date on which the outcome of the appeal was notified to the relevant medical practitioner; and
(b)only if it is in writing and signed by or on behalf of the Local Health Board and the succeeding contractor.
21.—(1) Where—
(a)on or before 31st March 2004 a Local Health Board had notified a relevant medical practitioner of withdrawal of its approval of premises under paragraph 29A(10) of Schedule 2 to the 1992 Regulations; and
(b)on 31st March 2004, the time for appealing specified in sub-paragraph (11) of that paragraph had not expired and no appeal had yet been made,
the time for appealing shall continue as if paragraph 29A of Schedule 2 to the 1992 Regulations had not been revoked.
(2) Where—
(a)on or before 31st March 2004, the relevant medical practitioner had appealed in writing against a withdrawal of approval under paragraph 29A(11) of Schedule 2 to the 1992 Regulations but the appeal had not been determined or withdrawn; or
(b)after 31st March 2004, an appeal is made pursuant to paragraph (1)
that appeal shall be dealt with or continue to be dealt, with as if paragraph 29 and, if applicable, paragraph 29A of Schedule 2 to the 1992 Regulations were still in force.
(3) Where an appeal dealt with under paragraph (2) is successful, the Local Health Board shall agree to a variation of the contract which it holds with the succeeding contractor which has the effect of adding to the list of practice premises under that contract the premises approved as a result of the appeal.
(4) A variation agreed by the Local Health Board pursuant to paragraph (3) shall have effect—
(a)from a date no later than 28 days after the date on which the outcome of the appeal was notified to the relevant medical practitioner; and
(b)only if it is in writing and signed by or on behalf of the Local Health Board and the succeeding contractor.
22.—(1) Where, on 31st March 2004—
(a)a complaint had been made under paragraph 47A of Schedule 2 to the 1992 Regulations(17) by or on behalf of a patient or former patient of a relevant medical practitioner; and
(b)the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 47A had not concluded,
that complaint must, from 1st April 2004, be investigated, or in an appropriate case continue to be investigated, by the succeeding contractor as if paragraph 47A had not been revoked.
(2) Where, on 31st March 2004—
(a)a complaint had been made under paragraph 47A of Schedule 2 to the 1992 Regulations by or on behalf of a patient or former patient of a medical practitioner to whom there is no succeeding contractor; and
(b)the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 47A had not concluded,
that complaint must be investigated by one of the persons specified in paragraph (3) as if paragraph 47A had not been revoked.
(3) The persons referred to in paragraph (2) are—
(a)the person or persons who was or were the former partner or partners of the medical practitioner on whose list of patients the complainant was included, if he or she or they meet the requirements in paragraph (4);
(b)if the person or persons specified in paragraph (a) satisfy the Local Health Board on whose medical list their former partner was included for the purposes of providing general medical services to the complainant that, having regard to the nature of the complaint, it would not be appropriate for the complaint to be investigated by him or her or them, that Local Health Board; or
(c)in any other case, the Local Health Board on whose medical list the medical practitioner was included for the purposes of providing general medical services to the complainant.
(4) The requirements referred to in paragraph (3) are that the former partner or partners—
(a)has or have entered into a default contract or a general medical services contract, as an individual medical practitioner or as one of two or more individuals practising in partnership, with the Local Health Board on whose medical list their former partner was included for the purposes of providing general medical services to the complainant; or
(b)is a legal and beneficial shareholder or are legal and beneficial shareholders in a company which has entered into a general medical services contract with that Local Health Board.
(5) Where, under paragraph (3), a complaint made by or on behalf of a patient or former patient would fall to be investigated, or continue to be investigated, by more than one general medical services contractor or default contractor, the contractors concerned shall—
(a)enter into discussions as to which of them would be the most appropriate person to deal with the complaint; and
(b)if they are unable to reach agreement, refer the matter to the Local Health Board on whose medical list their former partner was included for the purposes of providing general medical services to the complainant and that Local Health Board shall investigate the complaint itself.
(6) Where, under this article, a complaint falls to be investigated by a Local Health Board the investigation shall be carried out in accordance with the directions dated 29th June 1998 on dealing with complaints about family health services practitioners given by the Assembly under section 16BB(4) of the 1977 Act(18).
23. The complaints procedure established and operated by a succeeding contractor under—
(a)the term of its general medical services contract which gives effect to paragraph 90 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of the default contract,
shall apply to any complaint which a patient or former patient of the relevant medical practitioner to whom it is a succeeding contractor could have made (but did not make) on or before 31st March 2004 under paragraph 47A of Schedule 2 to the 1992 Regulations as it applies to complaints made by a patient or former patient of the succeeding contractor in relation to any matter reasonably connected with the provision of services under the contract.
24.—(1) Where, on or before 31st March 2004, a relevant medical practitioner had received a request for information or an inquiry from a medical officer (or an officer of the Department for Work and Pensions on his or her behalf or at his or her direction) under paragraph 48 of Schedule 2 to the 1992 Regulations(19) but, on 31st March 2004, he or she had not yet responded to that request or inquiry, the succeeding contractor shall respond as if the request or inquiry had been made under—
(a)the term of its general medical services contract which gives effect to paragraph 78 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of its default contract.
(2) In this article, “medical officer” means a medical practitioner who is—
(a)employed or engaged by the Department for Work and Pensions; or
(b)provided by an organisation in pursuance of a contract entered into with the Assembly for Work and Pensions.
25. Where, on or before 31st March 2004, a relevant medical practitioner had received an inquiry about prescriptions or referrals from a Local Health Board under paragraph 49 of Schedule 2 to the 1992 Regulations(20) but had not yet responded to that inquiry, the succeeding contractor shall respond as if the inquiry had been made under—
(a)the term of its general medical services contract which gives effect to paragraph 77 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of its default contract.
26.—(1) Where—
(a)on 31st March 2004, a relevant medical practitioner had in place arrangements for the engagement of a deputy of which he or she had informed the Local Health Board under paragraph 21(1) of Schedule 2 to the 1992 Regulations(21), and
(b)the succeeding general medical services contractor wishes to continue those arrangements after 31st March 2004 in the form of a sub-contract to which paragraph 68 of Schedule 6 to the 2004 Regulations applies,
any requirement for the succeeding contractor to notify the Local Health Board of its intention to enter into that sub-contract contained in the term of its general medical services contract which gives effect to paragraph 68(1)(b) of Schedule 6 to the 2004 Regulations shall not apply, unless the date of termination of the arrangements is extended beyond the date which applied to them on 31st March 2004 or there is a material variation in the nature of those arrangements.
(2) In this article—
“deputy” has the meaning given in paragraph 1 of Schedule 2 to the 1992 Regulations; and
“organisation providing deputy doctors” has the same meaning as in paragraph 21A(1) of that Schedule.
27.—(1) This article applies where a relevant medical practitioner had compiled a practice leaflet which met the requirements of paragraph 47 of Schedule 2 to the 1992 Regulations(22) and that leaflet was, on 31st March 2004, available to patients on his or her list.
(2) In the circumstances to which this article applies, the practice leaflet made available to patients by—
(a)the succeeding contractor; or
(b)a general medical services contractor who enters into a general medical services contract before 31st July 2004 which takes effect immediately after its default contract with the same Local Health Board ceases to have effect,
need not, until 1st August 2004, include all the information specified in the term of the general medical services contract which gives effect to Schedule 10 to the 2004 Regulations (or in the equivalent term of the default contract) provided that, from the date of commencement of the contract until the practice leaflet does so comply, the general medical services contractor or the default contractor makes available to patients in written form the information specified in paragraph (3).
(3) The information referred to in paragraph (2) is—
(a)the services available under the general medical services contract or the default contract;
(b)the opening hours of the practice premises and the method of obtaining access to services throughout the core hours;
(c)the arrangements for services in the out of hours period (whether or not provided by the general medical services contractor or the default contractor) and how the patient may contact such services; and
(d)if the services in sub-paragraph (c) are not provided by the general medical services contractor or the default contractor, the fact that the Local Health Board which is a party to the general medical services contract or the default contract is responsible for commissioning the services and the name, address and telephone number of that Local Health Board.
(4) In this article, “practice leaflet”—
(a)in relation to the period before 1st April 2004, has the meaning given in paragraph 47 of Schedule 2 to the 1992 Regulations; and
(b)in relation to the period from 1st April 2004, has the meaning given in regulation 2(1) of the 2004 Regulations.
28. Where, on or before 31st March 2004—
(a)a Local Health Board had required a relevant medical practitioner to be medically examined under regulation 25(5) of the 1992 Regulations; and
(b)that medical examination had not yet taken place,
the requirement shall, on 1st April 2004, unless the Local Health Board notifies him or her otherwise in writing, be regarded as a request made to that medical practitioner for him or her to be medically examined on the grounds that he or she is incapable of adequately providing services under the succeeding contract and arrangements for the medical examination shall, with the consent of the medical practitioner, continue to be made by the Local Medical Committee for the area of the Local Health Board which is a party to the succeeding contract, pursuant to the function conferred on that committee by regulation 27 of the 2004 Regulations.
29. The term of a general medical services contract which gives effect to paragraph 5 of Schedule 6 to the 2004 Regulations (or the equivalent term of a default contract) shall be read as if the reference to a consultation or clinic provided by the general medical services contractor (or the default contractor) included a reference to a consultation or clinic provided by—
(a)the relevant medical practitioner in relation to whom it is a succeeding contractor; or
(b)in the case of a general medical services contract which takes effect immediately after a default contract between the same parties ceases to have effect, the contractor who held that default contract.
30. The term of a general medical services contract which gives effect to paragraph 6 of Schedule 6 to the 2004 Regulations (or the equivalent term of a default contract) shall be read as if the reference to participating in a consultation under that term included a reference to participating in a consultation under—
(a)paragraph 16 of Schedule 2 to the 1992 Regulations; or
(b)in the case of a general medical services contract which takes effect immediately after a default contract between the same parties ceases to have effect, under the term of the default contract which was equivalent to paragraph 6 of Schedule 6 to the 2004 Regulations.
31.—(1) Where, before 1st April 2005, a general medical services contractor or a default contractor employs a GP Registrar for the purpose of being trained by a GP Trainer, the requirement for the general medical services contractor or the default contractor to have the agreement of the Assembly to that employment in—
(a)the term of the general medical services contract which gives effect to paragraph 63 of Schedule 6 to the 2004 Regulations; or
(b)the equivalent term of the default contract,
shall not apply.
(2) In this article, “GP Registrar” and “GP Trainer” have the same meaning as in regulation 2(1) of the 2004 Regulations.
32. Where, on 31st March 2004 a patient had paid a fee to a medical practitioner under paragraph 38(f) of Schedule 2 to the 1992 Regulations but—
(a)the period for applying for a refund of that fee under paragraph 39(1) of that Schedule(23) had not yet expired; or
(b)an application for refund of the fee had been made but not yet determined,
the period for applying for a refund and the powers of the Local Health Board in dealing with any application for a refund shall continue as if paragraph 39(1) of that Schedule had not been revoked.
33. Notwithstanding the revocation of the 1992 Regulations, any medical practitioner to whom paragraph 50 of Schedule 2 to those Regulations (annual reports)(24) applied shall, by 30th June 2004, provide, either individually or as a member of a partnership, to the Local Health Board on whose medical list he or she appeared on 31st March 2004, an annual report in respect of the period of 12 months ending on 31st March 2004 which includes—
(a)the number of complaints received in accordance with paragraph 47A of Schedule 2 to the 1992 Regulations(25); and
(b)if the Local Health Board, having considered whether the information is available to it from another source and having consulted the Local Medical Committee, so requests, the information specified in paragraph 3 of Schedule 13 to those Regulations(26).
34.—(1) Where, on 31st March 2004, a Local Health Board had, under regulation 36(7) of the 1992 Regulations(27), informed a medical practitioner of its decision that a substance ordered by him or her was not a drug but—
(a)the medical practitioner had not given notice of appeal under paragraph (8) of that regulation; and
(b)the time for appealing in that paragraph had not yet expired,
the time for appealing shall continue as if regulation 36 of the 1992 Regulations were still in force.
(2) Where—
(a)on 31st March 2004, a medical practitioner had given notice of appeal against a decision of a Local Health Board under regulation 36 of the 1992 Regulations but that appeal has not been determined or withdrawn; or
(b)a medical practitioner has given notice of such an appeal after 31st March 2004, pursuant to paragraph (1),
that appeal shall continue to be dealt with as if regulation 36 of the 1992 Regulations were still in force.
35. Where a Local Health Board—
(a)had, on 31st March 2004, approved a medical practitioner under regulation 18A or 18B of the 1992 Regulations(28) but had not yet entered his or her name on its medical list in accordance with regulation 18F(1) of those Regulations(29); and
(b)intends to enter into a default contract or general medical services contract with two or more individuals practising in partnership one of whom is the person so approved,
it shall add that person’s name to its medical performers list unless he or she is already on the medical performers list of another Local Health Board and is not withdrawing from that list.
36.—(1) Where, on 31st March 2004—
(a)a Local Health Board had refused to approve a medical practitioner under regulation 18A or 18B of the 1992 Regulations; and
(b)he or she had a right of appeal under regulations 18G or 18GG of the 1992 Regulations(30) and the time for appealing had not yet expired,
the time for appealing shall continue as if those regulations had not been revoked.
(2) Where a medical practitioner whose nomination a Local Health Board had refused to approve under regulation 18A or 18B of the 1992 Regulations—
(a)had, on or before 31st March 2004, given notice of appeal to the FHSAA under regulation 18G or 18GG of the 1992 Regulations but that appeal had not yet been determined or withdrawn; or
(b)has given notice of such an appeal after 31st March 2004 pursuant to paragraph (1),
that appeal shall continue to be dealt with as if regulation 18G or, as the case may be, 18GG of the 1992 Regulations had not been revoked.
(3) Where—
(a)following an appeal dealt with under paragraph (2), the FHSAA determines that the nomination of the medical practitioner should have been approved by the Local Health Board; and
(b)a default contractor or a general medical services contractor notifies the Local Health Board that the person concerned is to join it as a partner,
the Local Health Board shall add that person’s name to its medical performers list unless he or she is already on the medical performers list of another Local Health Board and is not withdrawing from that list.
37. Where, on 31st March 2004, a relevant medical practitioner had the permission of the Assembly under section 72 of the 1977 Act (permission for use of facilities in private practice), that permission shall be regarded, from 1st April 2004, as permission granted under that section to the succeeding contractor.
38.—(1) Where, on or before 31st March 2004, a medical practitioner had admitted an overpayment drawn to its attention by a Local Health Board under regulation 35(2) of the 1992 Regulations(31) (claims and overpayments) but the overpayment, or any part of it, had not been recovered, the amount overpaid, or any part of it not recovered before 31st March 2004, shall, notwithstanding the repeal of the 1992 Regulations, continue to be recoverable by that Local Health Board and shall be treated as a debt owed by that medical practitioner to that Local Health Board.
(2) Notwithstanding the repeal of the 1992 Regulations, where a Local Health Board considers that a payment has been made to a medical practitioner under the Statement of Fees and Allowances when it was not due and has not drawn that alleged overpayment to the attention of the medical practitioner on or before 31st March 2004, the Local Health Board may draw that overpayment to the attention of the medical practitioner and—
(a)where the overpayment is admitted by him or her, the Local Health Board may recover the amount overpaid from him or her as a civil debt; and
(b)where the overpayment is not admitted by him or her, the arrangements for appeals set out in paragraph 80 of the Statement of Fees and Allowances shall apply.
(3) In this article “Statement of Fees and Allowances” means the statement determined and published by the Assembly under regulation 34 of the 1992 Regulations(32), as that statement had effect on 31st March 2004.
39.—(1) Where, on or before 31st March 2004—
(a)a prospective party to a general medical services contract had referred a pre-contract dispute to the Assembly to consider and determine under section 4(4) of the 1990 Act or under regulation 9 of the 2004 Regulations; and
(b)that party had entered into the general medical services contract whose terms were subject to dispute before that dispute had been determined or withdrawn,
the dispute shall, notwithstanding that the parties to the dispute have entered into a general medical services contract, continue to be dealt with under the procedure specified in regulation 9(2) of the 2004 Regulations.
(2) In the case of a dispute dealt with pursuant to paragraph (1), the determination—
(a)may require the parties to agree an amendment or variation to the general medical services contract; and
(b)shall be binding upon the parties to that contract.
Paragraph 6 was amended by S.I. 1998/682, 2002/1896 (W.197) and 2002/916 (W.104).
Regulation 23(1) was amended by S.I. 2002/1896 (W.197).
Paragraph 9 was amended by S.I. 1994/633, 1998/682 and 2002/1896 (W.197).
Paragraph 9A was inserted by S.I. 1994/633 and amended by S.I. 2002/1896 (W.197).
Paragraph (6B) was inserted into regulation 19 by S.I. 1994/633 and amended by S.I. 1998/682 and 2002/1896 (W.197).
Regulation 23(2) was amended by S.I. 1997/730, and 2002/1896 (W.197).
Regulation 23(4) was amended by S.I. 2001/3742 and 2002/1896 (W.197).
Paragraph 7 was amended by S.I. 1998/682.
Paragraph 9 was amended by S.I. 1994/633, 1998/682 and 2002/1896(W.197); paragraph 10 was amended by S.I. 2002/1896 (W.197).
Paragraph 4(4) was substituted by S.I. 1994/633 and amended by S.I. 1998/682.
Paragraph 14 was amended by S.I. 1998/682 and 2002/1896 (W.197).
Paragraph 28A was inserted by S.I. 1999/326.
These definitions were inserted into paragraph 1 by S.I. 2003/2646 (W.252).
Paragraph 27(b) was amended by S.I. 2002/1896 (W.197).
Paragraph 29 was amended by S.I. 2002/1896 (W.197) and 2002/916 (W.104).
Paragraph 29A was inserted by S.I. 1995/80 and amended by S.I. 2002/1896 (W.197) and 2002/916 (W.104).
Paragraph 47A was inserted by S.I. 1996/702 and amended by S.I.2003/784 (W.95).
Section 16BB(4) was inserted into the Act by section 6 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17). The relevant directions are 'Directions to Health Authorities on dealing with complaints about family health service practitioners and providers of personal medical services and providers of personal dental services other than personal dental services provided by NHS trusts' dated 27th March 2003.
Paragraph 48 was substituted by S.I. 1998/682.
Paragraph 49 was amended by S.I. 2002/1896 (W.197).
Paragraph 21(1) was amended by S.I. 2001/3742 and 2002/2469.
Paragraph 47 was amended by S.I. 2002/1896 (W.197).
Paragraph 39(1) was amended by S.I. 2002/1896 (W.197).
Paragraph 50 was amended by S.I. 1993/540, 1997/730 and 2002/1896 (W.197).
Paragraph 47A was inserted by S.I. 1996/702 and amended by S.I. 2003/784 (W.95).
Schedule 13 was substituted by S.I. 1993/540.
Regulation 36(7) was amended by S.I. 2002/1896 (W.197).
Regulations 18A and 18B were substituted by S.I. 1998/2838 and amended by S.I. 2002/916 (W.104).
Regulation 18F(1) was substituted by S.I. 1998/2838 and amended by S.I. 2002/916 (W.104) and 2002/1896 (W.197).
Regulation 18G was substituted by S.I. 1998/2838 and amended by S.I. 2002/916 (W.104) and 2002/1896 (W.197); regulation 18GG was inserted by S.I. 2001/3742 and amended by S.I. 2002/1896 (W.197).
Regulation 35(2) was amended by S.I. 1996/702, 2002/1896 (W.197).
Regulation 34 was amended by S.I. 1993/540, 1997/2468, 2000/1992 (W.144) and 2002/1896 (W.197).