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The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 2004

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Interpretation

2.—(1) In these Regulations—

“the 1977 Act” means the National Health Service Act 1977;

APMS contractor” means a person with whom a Local Health Board has made arrangements under section 16CC(2)(b) of the 1977 Act(1) (primary medical services) for the provision of primary medical services;

“core hours” means the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;

“default contract” means a contract entered into pursuant to an Order made under section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003(2) (general medical services: transitional);

“enhanced services”, with regard to—

(a)

a GMS contractor, has the meaning given in regulation 2(1) of the GMS Contracts Regulations (interpretation), or

(b)

any other performer or provider of primary medical services, means services which, if performed or provided by a GMS contractor, would be enhanced services within the meaning given in regulation 2(1) of the GMS Contracts Regulations;

“essential services” means the services described in regulation 15(3), (5), (6) and (8) of the GMS Contracts Regulations (essential services) or services that are equivalent to those services;

“GMS contractor” means a person with whom a Local Health Board has entered into a general medical services contract or a default contract;

“GMS Contracts Regulations” means the National Health Services (General Medical Services Contracts) (Wales) Regulations 2004(3); and

“goodwill factor”, with regard to a share in a company of a performer or provider of primary medical services, means the difference between the value of the share when the goodwill of his or her medical practice is taken into account and the value of the share when the goodwill of his or her medical practice is not taken into account.

(2) For the purposes of these Regulations, a contractor or performer has a registered patient list if there are patients—

(a)recorded by a Local Health Board as being on the contractor’s or performer’s list of patients or on the Local Health Board’s list of patients in respect of the contractor or performer; and

(b)to whom the contractor or performer must provide essential services during core hours other than under an arrangement to provide enhanced services.

(1)

Section 16CC was inserted into the National Health Service Act 1977 (c. 49) by section 174 of the 2003 Act.

(3)

S.I.2004/478(W.48).

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