Search Legislation

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services

1.—(1) In this Schedule —

“transferee doctor” means a person with whom an arrangement is made under sub-paragraph (2)

“out of hours arrangement” means an arrangement under sub-paragraph (2);

(2) Subject to the provisions of this Schedule, where a contractor is required to provide out of hours services under regulation 30 or 31 it may, until 31st December 2004, with the approval of the Local Health Board, make an arrangement with a person who holds a general medical services contract with the Local Health Board which includes the provision of out of hours services as if the enactments specified in sub-paragraph (4) subject to the modifications specified in sub-paragraph (5) were still in force.

(3) Subject to paragraph 2(3)(f) an arrangement made in accordance with sub-paragraph (2) shall, for so long as it continues, relieve the contractor of —

(a)its obligations to provide out of hours services pursuant to regulation 30 or 31; and

(b)all liabilities under the contract in respect of those services.

(4) The enactments referred to in sub-paragraph (2) are paragraphs 18A to 18C of Schedule 2 to the National Health Service (General Medical Services) Regulations 1992(1) subject to the modifications in paragraph (5).

(5) The modifications referred to in sub-paragraph (4) are —

(a)as if out of hours period had the meaning given in regulation 2 of these Regulations;

(b)as if a transferee doctor meant a person referred to in sub-paragraph (2) (as modified by this sub-paragraph) who has undertaken to carry out the obligations of a contractor during all or part of the out of hours period in accordance with an out of hours arrangement referred to in that sub-paragraph;

(c)as if the references to a doctor in paragraphs 18A(2) (except in head (b)), (3), (4), (5), (7)(b) to (g), (9)(a), (c) and (d), (10, (11) and (13), 18B(1)(2) and (4) to (7) and 18C were references to a contractor.

(d)as if the references to terms of service in paragraph 18A(2), (7)(b) and (f) were references to a contract;

(e)as if the reference to a doctor included in the medical list in paragraph 18A(2)(b) were replaced with a reference to a person who —

(i)holds a general medical services contract, or

(ii)provides personal medical services under section 28C of the Act;

(f)as if the reference to a doctor ceasing to be included in a medical list in paragraph 18A(2C) was a reference to a person ceasing to hold a general medical services contract or to provide personal medical services;

(g)as if the reference to services to patients with whom the doctor has made an arrangement under regulation 31 in paragraph 18A(4) was a reference to services which the doctor is required to provide under the contract;

(h)as if the words “where his name is included in the list of another Health Authority or Primary Care Trust” were omitted from paragraph 18A(7)(a); and

(i)as if sub-paragraphs (6), (7)(h), (14) and (15) of paragraph 18A were omitted.

(6) An arrangement referred to in sub-paragraph (2) shall terminate if the person with whom it is made ceases to hold a general medical services contract.

(7) A contractor may make more than one out of hours arrangement and may do so (for example) with different transferee doctors and in respect of different patients, different times and different parts of its practice area.

(8) A contractor may retain responsibility for, or make separate out of hours arrangements in respect of, the provision of maternity medical services to any patients under the contract and any separate out of hours arrangements it makes may encompass all or any part of the maternity medical services it provides.

(9) Nothing in this paragraph prevents a contractor from retaining or resuming its obligations in relation to named patients.

(1)

S.I. 1992/635 amended by S.I. 1996/702; S.I. 2002/1896 (W.197).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources