The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Transitory interpretation of references to general medical services contracts

109.—(1) For as long as default contracts entered into pursuant to section 176(3) of the 2003 Act (general medical services: transitional) exist, any reference to a general medical services contract or to a contract under section 28Q of the 1977 Act in the enactments listed in paragraph (2) shall be deemed to include a reference to a default contract.

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

(a) the 1977 Act, sections 3(4)(b)(1), 26(2)(b) and (4)(aa)(2), 28D(1)(bc)(i)(3), 45A(3), (4) and (11)(4), 54(1)(c)(5), 72(5)(d)(6);

(b) the Community Health Councils (Access to Information) Act 1988(7), section 1(6), in the paragraph 6B inserted into Schedule 12A to the Local Government Act 1972(8);

(c) the Access to Health Records Act 1990(9), section 1(2)(a);

(d) the Trade Union and Labour Relations (Consolidation) Act 1992(10), section 279(2);

(e) the Health Service Commissioners Act 1993, section 2A(1)(a) and (2)(a)(11);

(f) the Employment Rights Act 1996, section 43K(1)(ba)(12);

(g) the Health and Social Care Act 2001, Schedule 1, paragraph 11(a)(13).

(1)

Section 3(4) was inserted into the Act by paragraph 8 of Schedule 11 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”).

(2)

Section 26(2)(b) and (4)(aa) were substituted by the 2003 Act, Schedule 11, paragraph 13(2)(b) and (3)(b).

(3)

Section 28D(bc) was inserted by the 2003 Act, section 177(2).

(4)

Section 45A was inserted into the Act by paragraph 23 of Schedule 11 to the 2003 Act.

(5)

Paragraph (c) was inserted into section 54(1) of the Act by paragraph 26(2)(c) of Schedule 11 to the 2003 Act.

(6)

Paragraph (d) was inserted into section 72(5) of the Act by paragraph 27(2) of Schedule 11 to the 2003 Act.

(7)

1988 c. 24. Section 1(6) was amended by the 2003 Act, Schedule 11, paragraph 51.

(8)

1972 c. 70.

(9)

1990 c. 23. Section 1(2)(a) was substituted by the 2003 Act, Schedule 11, paragraph 57(2).

(10)

1992 c. 52. Section 279(2) was inserted by the 2003 Act, Schedule 11, paragraph 59(4).

(11)

1993 c. 46. Section 2A was inserted by the Health Service Commissioners (Amendment) Act 1996 (c. 5), section 1 and subsections (1)(a) and (2)(a) were substituted by the 2003 Act, Schedule 11, paragraph 62.

(12)

1996 c. 18. Section 43K was inserted by the Public Interest Disclosure Act 1998 (c. 23), section 1 and subsection (1)(ba) was inserted by the 2003 Act, Schedule 11, paragraph 65(2).

(13)

2001 c. 15. Paragraph 11 of Schedule 1 was substituted by the 2003 Act, Schedule 11, paragraph 72(2).