The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004

Lists of patients for default contracts and general medical services contracts entered into on or before 31st March 2004

28.—(1) Subject to article 30(1), where a medical practitioner who, on 31st March 2004 is providing general medical services under section 29 of the 1977 Act—

(a) on or before 31st March 2004, enters into—

(i) a default contract, or

(ii) a general medical services contract,

whether as an individual medical practitioner or as one of two or more individuals practising in partnership; or

(b) is a legal and beneficial shareholder in a company which enters into a general medical services contract on or before 31st March 2004,

the Local Health Board must include on the contractor’s list of patients for the purposes of that contract the persons specified in paragraph (2).

(2) The persons referred to in paragraph (1) are the patients who, on 31st March 2004—

(a) were recorded by the Local Health Board pursuant to regulation 19 of the 1992 Regulations(1) as being on the list of—

(i) the contractor where he or she is an individual medical practitioner,

(ii) any of the two or more medical practitioners practising in partnership who have entered into the contract; or

(iii) any of the medical practitioners who are legal and beneficial shareholders in the company which has entered into the contract,

unless, in the case of a general medical services contract, they live outside the practice area as specified in that contract and were not included on the medical practitioner’s list of patients by virtue of an assignment under regualtion 4 of the Choice Regulations(2), and

(b) had been assigned to the contractor or to any of the persons listed in paragraph (2)(a)(ii) or (iii) under regulation 4 of the Choice Regulations(3) but not yet included in the list referred to in sub-paragraph (a).

(1)

Regulation 19 was amended by S.I. 1994/633, 1998/682 and 2002/2469.

(2)

Regulation 4 was amended by S.I. 1999/3179 and 2000/1708 (W.115).

(3)

Regulation 4 was amended by S.I. 1999/3179 and 2002/2469.