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

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Entitlement to a general medical services contract as an individual medical practitioner

3.—(1) Subject to paragraphs (3) and (6) and articles 6 and 12, a Local Health Board must, if a person so wishes, enter into a general medical services contract with that person as an individual medical practitioner if—

(a)on 31st March 2004, or on the date on which the contract is to be signed, if earlier, he or she is included in the medical list of that Local Health Board by virtue of regulation 4(1)(a) of the 1992 Regulations(1) and has a list of patients under regulation 19 of those Regulations(2);

(b)on the date on which the contract is to be signed, that person is practising as an individual medical practitioner and no other medical practitioner has been approved by the Local Health Board to be in partnership with him or her under regulation 18A or 18B of the 1992 Regulations(3); and

(c)in the case of a contract which is to be signed after 31st March 2004, he or she is, at the date on which the contract is to be signed, included in a medical performers list.

(2) A person shall be regarded as practising for the purposes of paragraph (1)(b) if he or she would have been so practising on the date in question except for the fact that on that date—

(a)he or she is suspended from the Medical Register in the circumstances specified in paragraph (4) or from the Local Health Board’s medical list or a medical performers list; or

(b)the Local Health Board has in place for him or her temporary arrangements under regulation 25(6) of the 1992 Regulations(4) or contractual arrangements under article 15 which replace such temporary arrangements.

(3) Where a person is suspended from the Medical Register in the circumstances specified in paragraph (4), or suspended from its medical list or a medical performers list, a Local Health Board shall only be required under paragraph (1) to enter into a general medical services contract with him or her during the period of that suspension if it is satisfied that—

(a)in the case of a suspension on grounds relating to the practitioner’s physical or mental health, he or she is able to provide (but not perform) services under the contract;

(b)having regard to the grounds of suspension, the letting of the contract would not—

(i)put at risk the safety of the contractor’s patients, or

(ii)be prejudicial to the efficiency of the provision of primary medical services in the area of the Local Health Board; and

(c)the practitioner has in place adequate arrangements for the provision of services under the contract during the period of his or her suspension.

(4) The circumstances referred to in paragraphs (2)(a) and (3) are suspension—

(a)by the Committee on Professional Performance of the General Medical Council under section 36A (professional performance) or 38(1) (power to order immediate suspension after a finding of professional misconduct or unfitness to practise) of the 1983 Act or under rules made under paragraph 5A(3) of Schedule 4 (proceedings before professional conduct, health and preliminary proceedings committees) to that Act(5);

(b)by the Health Committee of the General Medical Council under section 37 (unfitness to practise through illness etc.)(6) or 38(1) of the 1983 Act; or

(c)under section 41A (interim orders) of the 1983 Act(7).

(5) In relation to any suspension which occurs after the coming into force of articles 13 and 14 of the Medical Act 1983 (Amendment) Order 2002(8), sub-paragraphs (a) and (b) of paragraph (4) shall be read as if they referred to suspension by a Fitness to Practise Panel constituted under Part 3 of Schedule 1 to the 1983 Act in a case relating to deficient professional performance or adverse physical or mental health under—

(a)section 35D (functions of a fitness to practise panel) of the 1983 Act;

(b)section 38(1) (power to order immediate suspension etc after a finding of impairment of fitness to practise) of that Act; or

(c)rules made under paragraph 5A(3) of Schedule 4 (proceedings before the investigation committee, interim orders panels, and fitness to practise panels) to that Act.

(6) A Local Health Board shall not be required under paragraph (1) to enter into a general medical services contract with a person for whom it has in place—

(a)temporary arrangements under regulation 25(6) of the 1992 Regulations; or

(b)contractual arrangements under article 15 which replace such temporary arrangements,

for so long as those arrangements continue, unless it is satisfied that, at the time the contract is to be signed, he or she is able to provide (but not perform) services under the contract.

(7) Whenever a Local Health Board is considering refusing to enter into a general medical services contract under paragraph (3) or (6), it shall consult the Local Medical Committee (if any) for its area before making its decision and, in a case where it is considering refusal under paragraph (6), it shall have regard to any written report made to it by the Local Medical Committee under regulation 25(9) of the 1992 Regulations(9).

(8) Where a Local Health Board is refusing to enter into a general medical services contract pursuant to paragraph (3) or (6) it shall notify the prospective contractor in writing of its decision, its reasons for that decision and of the practitioner’s right of appeal under article 4.

(1)

Regulation 4(1)(a) was amended by S.I. 1998/682 and 2838 and 2002/2469.

(2)

Regulation 19 was amended by S.I. 1994/633, 1998/682 and 2002/2469.

(3)

Regulations 18A and 18B were substituted by S.I. 1998/2838 and amended by S.I. 2002/554 and 2469.

(4)

Regulation 25(6) was amended by S.I. 2002/2469.

(5)

Section 36A was inserted by the Medical (Professional Performance) Act 1995 (c. 51), section 1 and amended by S.I. 2000/1803; section 38(1) was amended by paragraph 7 of the Schedule to that Act; paragraph 5A was inserted by paragraph 20 of the Schedule to that Act. All three provisions are prospectively substituted by S.I. 2002/3135.

(6)

Section 37 was amended by the Medical (Professional Performance) Act 1995 (c. 51), Schedule, paragraph 6(2) to (4). It is prospectively substituted by S.I. 2002/3135.

(7)

Section 41A was inserted by S.I. 2000/1803. It is prospectively substituted by S.I. 2002/3135

(8)

S.I. 2002/3135. This Order substitutes the sections referred to in article 3(5).

(9)

Regulation 25(9) was amended by S.I. 2002/2469.

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