PART 7MISCELLANEOUS

Details to be included on prescription forms81.

(1)

Notwithstanding—

(a)

the terms of a general medical services contract which give effect to Schedule 1 to and paragraph 65(2)(b) of Schedule 6 to the 2004 Regulations; or

(b)

the equivalent terms of a default contract,

prescription forms, issued for the purposes of a default contract, a general medical services contract or a personal medical services agreement before 31st March 2005 need not include the name of the contractor.

(2)

In paragraph (1), “prescription form”, has the same meaning as in the 2004 Regulations.

Transitional provision in cases where preferential treatment on transferring to medical lists was given82.

(1)

This article applies to any case to which, on or before 31st March 2004, paragraph 1 of Schedule 1 (cases where preferential treatment on transferring to medical lists is given) to the Primary Care Act 199752 (“the Schedule”) applies.

(2)

If —

(a)

a medical practitioner had made an application to a Local Health Board, pursuant to paragraph 1 of the Schedule, for his or her name to be included in its medical list; and

(b)

the matter had not been determined on or before 31st March 2004,

paragraph 7 of Schedule 1 (transitional and consequential provisions) to the Performers Lists Regulations shall apply.

(3)

In a case where—

(a)

paragraph (2) applies; and

(b)

the Local Health Board determines to add that medical practitioner’s name to its medical performers list,

that medical practitioner shall be treated as though his or her name had been included in the medical list of that Local Health Board on 31st March 2004.

(4)

In any case where representations under paragraph 3 of the Schedule have been made and the FHSAA (“the Authority”) has not determined that matter on or before 31st March 2004, the matter shall be treated by the Authority as though it were an appeal against the refusal of the Local Health Board to include that medical practitioner’s name in its medical performers list.

(5)

If the Authority decides that appeal in favour of that medical practitioner—

(a)

his or her name shall be included in that Local Health Board’s medical performers list; and

(b)

he or she shall be treated as though his or her name had been included in the medical list of that Local Health Board on 31st March 2004.

(6)

In a case to which paragraph (4) applies (“paragraph 4 case”), if that medical practitioner had applied to be included in the medical performers list of any Local Health Board or, by virtue of paragraph 7 of Schedule 1 to the Performers Lists Regulations, is treated as so applying, any appeal to the Authority in respect of that application shall be heard with the paragraph 4 case.

Continuing validity of forms83.

Notwithstanding the amendments made by paragraphs 1 and 5 of Schedule 1 to the form of certificates set out in Part 2 of Schedule 2 to the Social Security (Medical Evidence) Regulations 197653 and in Part 2 of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 198754, a form which complies with those regulations as in force on 31st March 2004 shall continue to be valid.

Transitory interpretation of references in enactments to primary medical services84.

For so long as default contracts entered into pursuant to section 176(3) of the 2003 Act (general medical services: transitional) exist, a reference in any enactment to primary medical services under the 1977 Act shall be deemed to include a reference to services provided under such contracts.

Transitory interpretation of references to general medical services contracts85.

(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)55, 26(2)56 and (4)(aa)(b)56, 28D(1)(bc)(i)57, 45A(3), (4) and (11)58, 54(1)(c)59, 72(5)(d)60;

(b)

the Community Health Councils (Access to Information) Act 198861, section 1(6), in the paragraph 6B inserted into Schedule 12A to the Local Government Act 197262;

(c)

the Access to Health Records Act 199063, section 1(2)(a);

(d)

the Trade Union and Labour Relations (Consolidation) Act 199264, section 279(2);

(e)

the Health Service Commissioners Act 1993, section 2A(1)(a) and (2)(a)65;

(f)

the Employment Rights Act 1996, section 43K(1)(ba)66;

(g)

the Health and Social Care Act 2001, Schedule 1, paragraph 11(a)67.