1998 No. 646

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

NATIONAL HEALTH SERVICE, SCOTLAND

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

CHILDREN AND YOUNG PERSONS

The National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998

Made11th March 1998

Laid before Parliament11th March 1998

Coming into force1st April 1998

The Secretary of State, in exercise of the powers conferred by the provisions set out in the Schedule to this instrument, and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

PART IGENERAL

Citation, commencement and extent1.

(1)

These Regulations may be cited as the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 and shall come into force on 1st April 1998.

(2)

This Part, Part II and regulations 6 and 7 extend to England and Wales and to Scotland.

(3)

Regulations 8 to 16 extend to England and Wales only.

Interpretation2.

In these Regulations—

“the 1977 Act” means the National Health Service Act 19771;

“the 1978 Act” means the National Health Service (Scotland) Act 19782; and

“the 1997 Act” means the National Health Service (Primary Care) Act 19973.

PART IIMISCELLANEOUS PROVISIONS

Prescribed function of Health Authorities and Health Boards3.

For the purposes of section 15(1ZA) of the 1977 Act4 and section 2 of the 1978 Act5, it shall be a prescribed function of each Health Authority and Health Board which is a party to a pilot scheme under section 1(1) of the 1997 Act to establish and operate, in accordance with directions given by the Secretary of State under section 9(2) of the 1997 Act and section 17 of the 1977 Act or, as the case may be, section 10(2) of the 1997 Act and section 2 of the 1978 Act, procedures for dealing with complaints about the provision of personal medical services under such a pilot scheme.

Pilot patients for whom Health Authorities and Health Boards must make arrangements for the provision of general medical services4.

(1)

The categories of person mentioned in paragraph (2) are prescribed for the purpose of section 1(5)(a) of the 1997 Act as persons for whom an authority must make arrangements under section 29 of the 1977 Act or, as the case may be, section 19 of the 1978 Act (arrangements for the provision of general medical services).

(2)

The categories are persons who are, under a pilot scheme—

(a)

provided with personal medical services which are limited to contraceptive services, to maternity medical services or to both of them6; or

(b)

being provided with personal medical services as temporary residents7 at a time when their names are included in the list of patients held by a doctor who provides general medical services in the area of the authority which is a party to the pilot scheme.

(3)

In this regulation—

(a)

“contraceptive services” and “maternity medical services” have the meanings respectively assigned to them in the National Health Service (General Medical Services) Regulations 19928 and the National Health Service (General Medical Services) (Scotland) Regulations 19959; and

(b)

“temporary resident” has the meaning assigned to it in the National Health Service (Choice of Medical Practitioner) Regulations 199810 and the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 199811.

Persons who may perform personal medical services5.

(1)

The categories of person mentioned in paragraph (2) are prescribed for the purpose of section 11(2)(c) of the 1997 Act (persons who are not otherwise mentioned in section 11 of that Act who may perform personal medical services).

(2)

The categories are—

(a)

a person who, whilst not falling within section 11(2)(a) of the 1997 Act (persons acting in the course of acquiring prescribed experience), is nonetheless acting in the course of acquiring the whole or any part of the general practice experience prescribed by regulation 6(3) of the National Health Service (Vocational Training for General Medical Practice) Regulations 199712 (“the Vocational Training Regulations”) or, as the case may be, regulation 6(3) of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 199813 (“the Vocational Training (Scotland) Regulations”); and

(b)

a person who has been issued with a certificate of equivalent experience under regulation 12 of the Vocational Training Regulations or regulation 12 of the Vocational Training (Scotland) Regulations.

PART IIICONSEQUENTIAL AMENDMENTS

Amendment of the Social Security (Medical Evidence) Regulations 19766.

In the Social Security (Medical Evidence) Regulations 197614, in paragraph 3 of Schedule 1 (rules as to evidence of incapacity for work), after “National Health Service (Scotland) Act 1947,”, insert “or the list of a doctor, or a list held jointly by two or more doctors, performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,”.

Amendment of the Statutory Sick Pay (Medical Evidence) Regulations 19857.

In the Statutory Sick Pay (Medical Evidence) Regulations 198515, in paragraph 3 of the Schedule (rules as to statement of incapacity for work), after “National Health Service (Scotland) Act 1978,”, insert “or the list of a doctor, or a list held jointly by two or more doctors, performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,”.

Amendment of the National Health Service (General Ophthalmic Services) Regulations 19868.

In the National Health Service (General Ophthalmic Services) Regulations 198616, in paragraph 8C of Schedule 1 (complaints against ophthalmic medical practitioners)17, after sub-paragraph (2) insert the following sub-paragraphs—

“(3)
Where a contractor, being an ophthalmic medical practitioner, also performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 (“the 1997 Act”) for any person to whom he provides general ophthalmic services, the complaints procedure established and operated in accordance with directions under section 6(1) of the 1997 Act as to complaints procedures for pilot schemes18 shall apply in relation to any matter reasonably connected with his provision of general ophthalmic services to that person, as it applies as respects his performance of personal medical services under the pilot scheme.
(4)
Accordingly, any requirement imposed by virtue of such directions on a person providing personal medical services under such a pilot scheme as to co-operation with any investigation of a complaint by the Health Authority also applies in relation to complaints about such matters.”.

Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 19899.

(1)

The National Health Service (Charges for Drugs and Appliances) Regulations 198919 shall be amended in accordance with the following provisions of this regulation.

(2)

In regulation 2(1)—

(a)

in the definition of “patient”, after “his terms of service”, insert “or in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”; and

(b)

in the definition of “prescription form”, in paragraph (c) after “services”, insert—

“or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, or
(d)
a doctor performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,”.

(3)

In regulation 2(1A) in each of sub-paragraphs (a)(iii) and (b)(ii), after “medical list”, insert “or who is performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”.

(4)

In regulation 3(2)(c) after “terms of service”, insert “or in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”.

(5)

In regulation 4(4) delete “, notwithstanding the provisions of his terms of service”.

(6)

In regulation 4(6) for “to the Committee on” to the end of the paragraph, substitute—

“as the case may be—
(a)
to the Committee on whose medical list he is included, or
(b)
if he is included on more than one medical list, to the Committee which, under the provisions of the Statement published under regulation 24 of the Medical Services Regulations, pays him for the provision of general medical services on behalf of all Committees concerned, or
(c)
if the doctor is performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, to the health authority which is a party to that pilot scheme.”.

Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 199010.

(1)

The National Health Service Trusts (Membership and Procedure) Regulations 199020 shall be amended in accordance with the following provisions of this regulation.

(2)

In regulation 1(2) (interpretation)—

(a)

in the definition of “general medical practitioner”, insert at the end “, or is performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”; and

(b)

in the definition of “health service body” for “or an NHS trust” substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.

(3)

In regulation 11(1)(f) (disqualification for appointment of chairman and non-executive directors), for “or general dental practitioner or an employee of either of those” substitute “, general dental practitioner or a person performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, or an employee of any of those”.

Amendment of the Children’s Homes Regulations 199111.

In the Children’s Homes Regulations 199121, in paragraph 18 of Schedule 2 (information to be included in confidential records), at the end, insert “, or, where the child is included in a list of patients held jointly by two or more doctors in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997, the address of the practice premises of those doctors”.

Amendment of the Children (Private Arrangements for Fostering) Regulations 199112.

In the Children (Private Arrangements for Fostering) Regulations 199122, in regulation 2(2)(f) (general welfare of children), at the end insert “, or the list of a doctor performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 (or a list held jointly by two or more such doctors in connection with a pilot scheme under that Act)”.

Amendment of the National Health Service Litigation Authority Regulations 199513.

In the National Health Service Litigation Authority Regulations 199523, in regulation 1(2) (interpretation) in the definition of “health service body”, for “or an NHS trust”substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.

Amendment of the Ashworth, Broadmoor and Rampton Hospitals (Functions and Membership) Regulations 199614.

In the Ashworth, Broadmoor and Rampton Hospitals (Functions and Membership) Regulations 199624, in regulation 1(2) (interpretation) in the definition of “health service body”, for “or a National Health Service trust” substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.

Amendment of the Health Authorities (Membership and Procedure) Regulations 199615.

(1)

The Health Authorities (Membership and Procedure) Regulations 199625 shall be amended in accordance with the following provisions of this regulation.

(2)

In regulation 1(2) (interpretation), in the definition of “health service body”, for “or an NHS trust” substitute “, an NHS trust or a pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”.

(3)

In regulation 10 (disqualification for appointment)—

(a)

in paragraph (1)(j), after “NHS trust”, insert “or pilot scheme health service body as defined in section 16(6) of the National Health Service (Primary Care) Act 1997”;

(b)

in paragraph (4), after “the 1977 Act” insert “or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”; and

(c)

in paragraph (5), after “Part II services” insert “or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997”.

(4)

In regulation 16(6)(b) (disability of chairman and members in proceedings on account of pecuniary interest), after “Part II services” insert “or performing personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997,”.

Amendment of the Health Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 199616.

(1)

The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 199626 shall be amended in accordance with the following provisions of this regulation.

(2)

In regulation 2(1) (interpretation) after the definition of “the 1990 Act” omit the word “and” and insert—

““the 1997 Act” means the National Health Service (Primary Care) Act 199727

(3)

In regulation 5 (arrangements by Health Authorities and Special Health Authorities for exercise of functions)—

(a)

in paragraph (1), after “the 1990 Act”, insert “, and any function to which paragraph (1A) applies,”, and

(b)

after paragraph (1), insert—

“(1A)
This paragraph applies to—
(a)
any function exercisable by a Health Authority in relation to piloted services by virtue of the Act, as extended by section 9(2) of the 1997 Act; and
(b)
any function exercisable by a Health Authority by virtue of sections 4, 6 and 18 of, and Schedule 1 to, the 1997 Act which does not fall within sub-paragraph (a).”.

Frank Dobson

One of Her Majesty’s Principal Secretaries of State,

Department of Health

11th March 1998

SCHEDULEPROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

The National Health Service Act 197728, sections 15(1ZA), 16(1) (as extended by section 9(2) of the National Health Service (Primary Care) Act 1997), 17, 18, 39, 77, 83A and 126(4), and paragraph 12 of Schedule 5.
The National Health Service (Scotland) Act 197829, sections 2 and 105(7).
The Children Act 198930, sections 67(2)(b) and 104(4), and paragraph 4(2)(d) of Schedule 4, paragraph 7(2)(g) of Schedule 5 and paragraph 10(2)(f) of Schedule 6.
The National Health Service and Community Care Act 199031, section 5(7).
The Social Security Administration Act 199232, sections 14(2) and 59, and paragraph 4 of Schedule 3.
The National Health Service (Primary Care) Act 199733, sections 1(5)(a), 11(2)(c), and 39(2).

(This note is not part of the Regulations)

Part II of these Regulations makes miscellaneous provision in relation to the National Health Service (Primary Care) Act 1997 (“the 1997 Act”). The Regulations confer an additional function on Health Authorities in England and Wales and Scottish Health Boards (“authorities”), which is the function of establishing and operating procedures for dealing with complaints about the provision of personal medical services in accordance with directions made by the Secretary of State.

The Regulations also specify the circumstances in which an authority must make arrangements for the provision of general medical services (under section 29 of the National Health Service Act 1977 or section 19 of the National Health Service (Scotland) Act 1978) for a person who is provided with personal medical services under a pilot scheme under the 1997 Act. Such arrangements must be made where the personal medical services which are provided to the person in question are limited to contraceptive services and maternity medical services and, in certain circumstances, where that person is being treated as a temporary resident.

They prescribe the categories of person who may perform personal medical services in connection with a pilot scheme (in addition to persons who are otherwise able to perform such services under section 11 of the 1997 Act). The categories are doctors who are in the course of undertaking part only of the experience prescribed by regulations relating to the vocational training of general medical practitioners and doctors whose experience has been certified as equivalent to the experience so prescribed.

Part III of these Regulations makes amendments to other secondary legislation which are consequential upon the coming into force of certain provisions of the 1997 Act.

Copies of the Directions to Health Authorities Concerning Implementation of Pilot Schemes (Personal Medical Services) which are referred to in the footnotes to regulations 4 and 8 may be obtained from:

Primary Care Division

Primary Care Act—Personal Medical Services Pilot Schemes

Room 7E60

NHS Executive Headquarters

Quarry House

Quarry Hill

Leeds LS2 7UE.

Copies of the Directions to Health Boards Concerning the Implementation of Pilot Schemes (Personal Medical Services), which are referred to in the footnotes to regulation 4 may be obtained from:

The Scottish Office

St Andrews House

Edinburgh EH1 1DG.

These Regulations impose no costs on business.