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

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Premises for the purposes of default contracts and general medical services contracts entered into on or before 31st March 2004

26.—(1) Where a medical practitioner who, on 31st March 2004, is providing general medical services under section 29 of the 1977 Act

(a)on or before 31st March 2004, enters into—

(i)a default contract, or

(ii)a general medical services contract,

whether as an individual medical practitioner or as one of two or more individuals practising in partnership; or

(b)is a legal and beneficial shareholder in a company which enters into a general medical services contract on or before 31st March 2004,

the practice premises specified in that contract at its commencement must, unless the Local Health Board agrees otherwise in writing, be those specified in paragraph (2).

(2) The premises referred to in paragraph (1) are—

(a)in the case of a contract with an individual medical practitioner, all the premises which, on 31st March 2004 (or on the date on which the contract was signed, if earlier), were approved (whether with or without conditions) by the Local Health Board or the Assembly under paragraphs 29 or 29A of Schedule 2 to the 1992 Regulations(1) in respect of that practitioner and whose approval had not been withdrawn;

(b)in the case of a contract with two or more medical practitioners practising in partnership, all the premises which, on 31st March 2004 (or on the date on which the contract was signed, if earlier), were approved (whether with or without conditions) by the Local Health Board or the Assembly under paragraph 29 or 29A of Schedule 2 to the 1992 Regulations in respect of any of those practitioners and whose approval had not been withdrawn; or

(c)in the case of a contract with a company, all the premises which, on 31st March 2004 (or on the date on which the contract was signed, if earlier), were approved (whether with or without conditions) by the Local Health Board or the Assemblyunder paragraph 29 or 29A of Schedule 2 to the 1992 Regulations in respect of any of the medical practitioners who are legal and beneficial shareholders in that company and whose approval had not been withdrawn.

(3) The inclusion of any particular practice premises in a default or general medical services contract pursuant to paragraph (1) is without prejudice to the contract also including a plan in respect of those premises pursuant to regulation 18(3) of the 2004 Regulations.

(1)

Regulation 29 was amended by S.I. 2002/554 and 2469; regulation 29A was inserted by S.I. 1995/80 and amended by S.I. 2002/554 and 2469

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