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

Interpretation of this Part

72.  In this Part—

“agreement” means, unless the context otherwise requires, an agreement for primary medical services made under section 28C of the 1977 Act;

“out of hours arrangement” means—

(a)

in relation to the period before 1st April 2004, an arrangement under—

(i)

paragraph 18A(2) of Schedule 2 to the 1992 Regulations(1), or

(ii)

regulation 3 of the PMS Out of Hours Regulations; and

(b)

in relation to the period from 1st April 2004, means an arrangement under—

(i)

the term of a general medical services contract which gives effect to paragraph 1(2) of Schedule 7 to the 2004 Regulations (or the equivalent term of a default contract), or

(ii)

the term of an agreement which gives effect to paragraph 1(2) or (3) of Schedule 6 to the Personal Medical Services Agreements Regulations;

“out of hours services” means services required to be provided in all or part of the out of hours period which—

(a)

would be essential services if provided in core hours; or

(b)

are included—

(i)

in a default contract as additional services funded under article 36(2) of the Transitional Order, or

(ii)

in a general medical services contract as additional services funded under the global sum;

“PMS Out of Hours Regulations” means the National Health Service (Out of Hours Provision of Personal Medical Services and Miscellaneous Amendments) (England) Regulations 2003(2);

“relevant body”—

(a)

in relation to the period before 1st April 2004, has the same meaning as in regulation 2(1) of the PMS Out of Hours Regulations; and

(b)

in relation to the period from 1st April 2004, has the same meaning as in regulation 2 of the Personal Medical Services Agreements Regulations.

(1)

Paragraph 18A was inserted by S.I. 1996/702 and paragraph (2) was substituted, in relation to England, by S.I. 2002/2548 and amended by S.I. 2003/26.

(2)

S.I. 2003/26.