The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (revoked)

1Citation, commencement and application

2Interpretation

PART 2CONTRACTORS

3Subject to the provisions of any order made by the...

4Conditions : General

5General condition relating to all contracts

8Prescribed period under section 28D(1)(bc) of the Act

PART 3PRE-CONTRACT DISPUTE RESOLUTION

9Pre-contract disputes

PART 4HEALTH SERVICE BODY STATUS

10Health service body status

PART 5CONTRACTS: REQUIRED TERMS

11Parties to the contract

12Health service contract

13Contracts with individuals practising in partnership

15Essential services

16Additional services

17Opt outs of additional and out of hours services

18Services generally

19(1) Except in the case of the services referred to...

20A contract must contain a term which requires the contractor...

24Fees and charges

25Arrangements on termination

26Other contractual terms

PART 6FUNCTIONS OF LOCAL MEDICAL COMMITTEES

27(1) The functions of a Local Medical Committee which are...

PART 7TRANSITIONAL PROVISIONS

29Additional services

30Out of hours services

31(1) Where the contract is with —

32A contract which includes the provision of out of hours...

SCHEDULE 1REPEAT DISPENSING FORMS

PART 1REPEATABLE PRESCRIPTION

. . . . . . . . . ....

PART 2BATCH ISSUE

. . . . . . . . . ....

SCHEDULE 2ADDITIONAL SERVICES

1The contractor shall provide, in relation to each additional service,...

2(1) A contractor whose contract includes the provision of cervical...

3(1) A contractor whose contract includes the provision of contraceptive...

4(1) A contractor whose contract includes the provision of vaccinations...

5(1) A contractor whose contract includes the provision of childhood...

6(1) A contractor whose contract includes the provision of child...

7(1) A contractor whose contract includes the provision of maternity...

8(1) A contractor whose contract includes the provision of minor...

SCHEDULE 3OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES

1(1) In this Schedule — “opt out notice” means a...

2(1) As soon as is reasonably practicable and in any...

3(1) In this paragraph — “A day” is the day...

4(1) This paragraph applies where a contractor wishes to serve...

5(1) This paragraph shall apply where a contractor wishes to...

6(1) Prior to any opt out taking effect, the Local...

SCHEDULE 4LIST OF PRESCRIBED MEDICAL CERTIFICATES

SCHEDULE 5FEES AND CHARGES

1The contractor may, demand or accept, a fee or other...

SCHEDULE 6OTHER CONTRACTUAL TERMS

PART 1PROVISION OF SERVICES

1Subject to any plan which is included in the contract...

1ATelephone services

1BCost of relevant calls

2(1) The contractor shall take steps to ensure that any...

3(1) In the case of a patient whose medical condition...

4(1) Where a patient has been —

5Where a registered patient who — (a) has attained the...

6(1) Where a registered patient who —

7(1) Where the contractor provides any clinical services, other than...

8The contractor shall ensure that — (a) all vaccines are...

9The contractor shall ensure that it has appropriate arrangements for...

10A contractor whose contract includes the provision of out of...

11(1) From 1st January 2005, a contractor which provides out...

11ASupply of medicines etc. by contractors providing out of hours services

12Duty of co-operation in relation to additional, enhanced and out of hours services

13Where a contractor is to cease to be required to...

13AWelsh Language

14The Local Health Board shall prepare and keep up to...

15(1) The contractor may, if its list of patients is...

15AInclusion in list of patients: armed forces personnel

16(1) The contractor may, if its list of patients is...

17(1) The contractor shall only refuse an application made under...

18(1) Where the contractor has accepted an application for inclusion...

19(1) The contractor shall notify the Local Health Board in...

20(1) Subject to paragraph 21, a contractor which has reasonable...

21(1) A contractor which wishes a patient to be removed...

22(1) The Local Health Board shall remove a patient from...

23Removals from the list of patients who have moved

24Where the address of a patient who is on the...

25(1) The Local Health Board shall remove a patient from...

26(1) The Local Health Board shall remove from the contractor’s...

27(1) Where the contractor provides essential services under the contract...

28(1) Where a contractor — (a) has received an application...

29(1) A contractor which wishes to close its list of...

30(1) If the Local Health Board approves the closure notice...

31(1) This regulation applies where the Local Health Board rejects...

32(1) A Local Health Board may, subject to paragraph 34,...

33(1) A Local Health Board may not assign a new...

34In making an assignment to a contractor under paragraph 32...

35(1) This paragraph applies where most or all of the...

36(1) Where an assessment panel makes a determination under paragraph...

37(1) Before the Local Health Board may assign a new...

PART 3PRESCRIBING AND DISPENSING

39(1) Subject to sub-paragraph (1A) and to paragraphs 42 and...

40(1) The contractor may only provide repeatable prescribing services to...

41(1) A prescriber who issues a repeatable prescription must at...

42(1) In the course of treating a patient to whom...

43(1) The contractor shall have arrangements in place to secure...

44(1) Where (a) a contractor is responsible under the contract...

45For the purposes of paragraphs 38, 39 and 41 to...

46(1) The contractor shall not prescribe drugs, medicines and appliances...

47(1) Without prejudice to any separate right one or more...

48(1) A contractor which wishes to be granted the right...

49(1) A contractor which has been granted the right to...

50(1) Where the contractor is authorised or required by the...

51(1) Subject to sub-paragraph (2), a contractor —

PART 4PERSONS WHO PERFORM SERVICES

52Qualifications of performers

53No health care professional other than one to which paragraph...

54Where the registration of a health care professional or, in...

55. —No health care professional shall perform any clinical services unless...

56Conditions for employment and engagement

57(1) A contractor shall not employ or engage —

58(1) The contractor shall not employ or engage a health...

59(1) Before employing or engaging any person to assist it...

61The contractor shall afford to each employee reasonable opportunities to...

62The contractor shall only offer employment to a general medical...

63(1) The contractor shall only employ a GP Registrar... subject...

64Independent nurse prescribers , nurse independent prescribers, pharmacist independent prescribers , physiotherapist independent prescriber, podiatrist or chiropodist independent prescriber , therapeutic radiographer independent prescriber , paramedic independent prescriber and supplementary prescribers

65(1) In addition to any other requirements relating to such...

66The contractor shall carry out its obligations under the contract...

67(1) The contractor shall ensure that any medical practitioner performing...

68(1) Subject to sub-paragraph (2), the contractor shall not sub-contract...

69(1) A contractor shall not, otherwise than in accordance with...

70Withdrawal and variation of approval under paragraph 69

71(1) Without prejudice to any other remedies which it may...

PART 5RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

72(1) In this paragraph, “computerised records” means records created by...

73(1) The contractor must provide access to its patient records...

74The contractor shall nominate a person with responsibility for practices...

75The contractor shall — (a) compile a document (in this...

76Subject to sub-paragraph (2), the contractor shall, at the request...

77(1) The contractor shall, subject to sub-paragraphs (2) and (3),...

Provision of information to a medical officer etc.

78(1) The contractor must, if satisfied that the patient consents—...

79(1) The contractor shall submit an annual return relating to...

80Notifications to the Local Health Board

81The contractor shall, unless it is impracticable for it to...

82The contractor shall notify the Local Health Board in writing...

83(1) A contractor which is a company limited by shares...

84(1) A contractor which is a partnership shall give notice...

85(1) The contractor shall report in writing to the Local...

86Where the contract is varied in accordance with Part 8...

87(1) Subject to the conditions in sub-paragraph (2), the contractor...

88The contractor shall allow members of a Community Health Council...

Entry and inspection by the Welsh Ministers

89Entry and inspection by the Welsh Ministers

Part 5AConcerns notified on or after 1 April 2011

89AThe contractor must establish and operate arrangements which meet the...

PART 6COMPLAINTS

Complaints received prior to 1April 2011

90Complaints received prior to 1April 2011

91Making of Complaints

92Where a patient has died a complaint may be made...

93(1) Subject to sub-paragraph (2), the period for making a...

94(1) A complaints procedure shall also comply with the requirements...

95(1) The contractor shall co-operate with —

96(1) The contractor shall inform the Local Health Board, at...

PART 7DISPUTE RESOLUTION

97(1) Subject to sub-paragraph (3), in the case of any...

98(1) In the case of a contract that is not...

99(1) Subject to sub-paragraph (2), the procedure specified in the...

100(1) The determination of the adudicator and the reasons for...

101(1) In this Part, “any dispute arising out of or...

PART 8VARIATION AND TERMINATION OF CONTRACTS

102(1) Subject to Schedule 3, paragraphs 68(8), 69(8), 103, 104,...

103(1) If a contractor which is an individual medical practitioner...

104(1) Subject to sub-paragraph (4), where a contractor consists of...

105The Local Health Board and the contractor may agree in...

105ATermination on the death of an individual medical practitioner

106(1) A contractor may terminate the contract by serving notice...

107(1) The contractor may give notice in writing (a “late...

108The Local Health Board may only terminate the contract in...

109(1) Subject to sub-paragraph (1A), the Local Health Board shall...

110The Local Health Board may serve notice in writing on...

111Other grounds for termination by the Local Health Board

112The Local Health Board may serve notice in writing on...

112ATermination by the Local Health Board for unlawful sub-contracting

113(1) Where a contractor has breached the contract other than...

114(1) Where the contractor is a company limited by shares,...

115(1) In this paragraph and paragraph 116, “contract sanction” means...

116(1) If there is a dispute between the Local Health...

117(1) Where the Local Health Board is entitled to serve...

118(1) Whenever the Local Health Board is considering—

PART 9MISCELLANEOUS

119(1) The contractor shall have an effective system of clinical...

121The contractor shall at all times hold adequate public liability...

122(1) The contractor shall keep a register of gifts which...

123The contractor shall — (a) comply with all relevant legislation...

124The contract shall not create any right enforceable by any...

SCHEDULE 7OUT OF HOURS SERVICES

1(1) In this Schedule — “transferee doctor” means a person...

2(1) An application to the Local Health Board for approval...

3Where the Local Health Board has approved an out of...

4(1) Where it appears to the Local Health Board that...

5(1) The Local Health Board shall withdraw its approval of...

6The contractor shall terminate an out of hours arrangement made...

SCHEDULE 8CLOSURE NOTICE

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. . . . . . . . . ....

. . . . . . . . . ....

. . . . . . . . . ....

SCHEDULE 9LOCAL HEALTH BOARDS SPECIFIED FOR THE PURPOSES OF REPEATABLE PRESCRIBING

SCHEDULE 10INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

1A practice leaflet shall include —

2In the case of a contract with a partnership —...

3In the case of a contract with a company —...

4The full name of each person performing services under the...

5In the case of each health care professional performing services...

6Whether the contractor undertakes the teaching or training of health...

7The contractor’s practice area , by reference to a sketch...

8The address of each of the practice premises.

9The contractor’s telephone and fax numbers and the address of...

10Whether the practice premises have suitable access for disabled patients...

11How to register as a patient.

12The right of patients to express a preference of practitioner...

13The services available under the contract.

14The opening hours of the practice premises and the method...

15The criteria for home visits and the method of obtaining...

16The consultations available to patients under paragraphs 5 and 6...

17The arrangements for services in the out of hours period...

18If the services in paragraph 17 are not provided by...

19The name and address of any local walk-in centre ....

20The telephone number of NHS Direct and details of NHS...

21The method by which patients are to obtain repeat prescriptions....

22If the contractor offers repeatable prescribing services, the arrangements for...

23If the contractor is a dispensing contractor the arrangements for...

24How patients may— (1) in respect of complaints made prior...

25The rights and responsibilities of the patient, including keeping appointments....

26The action that may be taken where a patient is...

27Details of who has access to patient information (including information...

28The name, address and telephone number of the Local Health...

2004 No. 478 (W.48)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (revoked)F1

Made26th February 2004

Coming into force1st March 2004

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .