The National Health Service (Primary Medical Services) and (Performers Lists) (Miscellaneous Amendments) (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to certain Regulations relating to primary medical services and to Regulations that require performers of primary medical or dental services are included in a performers list maintained by a Local Health Board.

Part 2 of these Regulations amends the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (“the GMS Contracts Regulations”). In particular, it:

(a) makes amendments to references to “incapable adults”, and to those who may act on their behalf, to reflect the terms used in and the provisions of the Mental Capacity Act 2005;

(b) makes amendments to the provisions relating to the contractor’s clinical governance system to provide that such systems must include standard operating procedures in relation to the management and use of controlled drugs; and

(c) makes minor changes to the restrictions on those who are eligible to contract to provide primary medical services and to the provisions relating to the service of remedial and breach notices.

Part 3 of these Regulations amends the National Health Service (Performers Lists) (Wales) Regulations 2004 (“the Performers Lists Regulations”). In particular:

• regulations 4A, 22, 23A and 29 of the Performers Lists Regulations are amended to extend the period that a performer may provide primary medical or dental services without being on a performers list from two to three months.

• regulation 13 of the Performers Lists Regulations is amended to make it clear that a performer who is suspended from a list is still treated as being included in that list in relation to any application that the performer may make for inclusion in another list; and

• regulation 22 of the Performers Lists Regulations is amended so as to permit a doctor who is undertaking the post-registration part of the foundation programme for newly qualified doctors, to perform primary medical services without being a general practitioner or on a list, but only in so far as the performance of primary medical services constitutes part of that programme.