The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the framework for general medical services contracts under Article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the Order”).

Part 2 of the Regulations prescribes the conditions which, in accordance with Article 57B of the Order, must be met by a contractor before the Health and Social Services Board may enter into a general medical services contract with him.

Part 3 of the Regulations prescribes the procedure for pre-contract dispute resolution, in accordance with Article 57F of the Order. Part 3 applies where the contractor is not a health services body. In cases where the contractor is such a body, the procedure for dealing with pre-contract disputes is set out in Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991.

Part 4 of the Regulations sets out the procedures by which the contractor may elect to be regarded as a health services body.

Part 5 of (and Schedules 1 to 5 and 7 and 8 to) the Regulations prescribe the terms which, in accordance with Articles 57E and 57F of the Order, must be included in a general medical services contract (in addition to those contained in the Order). It includes, in regulation 15, a description of the services which must be provided to patients under general medical services contracts pursuant to Article 57A of the Order.

The prescribed terms include terms relating to –

(a) the type and duration of the contract (regulations 12 to 14);

(b) the services to be provided (regulations 15, 16 and 18 to 20 and Schedule 1), the manner in which they are to be provided (Part 1 of Schedule 5) and the procedures for opting out of additional and out of hours services (regulation 17 and Schedule 2);

(c) the issuing of medical certificates (regulation 21 and Schedule 3);

(d) finance, fees and charges (regulations 22 to 24 and Schedule 4);

(e) patient registration and removal, lists closures and assignments (Schedule 5, Part 2 and Schedule 7);

(f) prescribing and dispensing (Schedule 5, Part 3);

(g) the conditions to be met by those who perform services or are employed or engaged by the contractor (Schedule 5, Part 4);

(h) patient records, the provision of information and rights of entry (Schedule 5, Part 5 and Schedule 8);

(i) complaints (Schedule 5, Part 6);

(j) procedures for dispute resolution (Schedule 5, Part 7); and

(k) procedures for variation and termination of contracts (Schedule 5, Part 8).

Part 6 of the Regulations prescribes functions for Local Medical Committees.

Part 7 of the Regulations and Schedule 6 make transitional provision.