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

Temporary arrangements under regulation 25 of the 1992 Regulations

15.—(1) Where—

(a) on 31st March 2004 a Local Health Board is making arrangements under—

(i) regulation 25(2) of the 1992 Regulations(1) in the case of a medical practitioner who has been suspended, or

(ii) regulation 25(6) of the 1992 Regulations;

(b) no notice of termination of those arrangements has been given under regulation 25(11)(2) which takes effect on 1st April 2004; and

(c) the Local Health Board has not entered into—

(i) a general medical services contract pursuant to article 3 on or before 31st March 2004, or

(ii) a default contract,

with the medical practitioner on whose behalf it is making those arrangements,

paragraph (2) shall apply.

(2) In the circumstances specified in paragraph (1), the Local Health Board shall, if the medical practitioner or medical practitioners with whom the temporary arrangements were made so wishes (or so wish), make contractual arrangements with him, her or them, with effect from 1st April 2004, for the provision of such primary medical services as he, she was or they were providing under those arrangements to the patients to whom he or she was or they were providing those services.

(3) A contract entered into by a Local Health Board pursuant to paragraph (2) shall be for such period as the Local Health Board may agree with the contractor but may not continue beyond the date on which the medical practitioner for whom the contractual arrangements are in place ceases to be entitled to enter into a general medical services contract with that Local Health Board.

(4) The contractor’s list, or lists, of patients for the purpose of the contractual arrangements made pursuant to paragraph (2) shall, at the start of those arrangements, consist of the persons who, on 31st March 2004, were—

(a) temporarily assigned to other medical practitioners under paragraph (14A) of regulation 25(3); or

(b) included on the list of the medical practitioner for whom the temporary arrangements were in place.

(5) Where the contractual arrangements are made with a person who has his, her or its own list of patients, the contractual arrangements shall require the lists to be kept separate.

(1)

Regulation 25(2) was amended by S.I. 1995/3093, 1998/682, 2001/3742 and 2002/2469.

(2)

Regulation 25(11) was amended by S.I. 2002/2469.

(3)

Paragraph 14A was inserted by S.I. 1995/3093 and amended by S.I. 2001/3742 and 2002/2469.