The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement and interpretation

3. PART 2 TRANSTIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES

   1. 2. Application and interpretation of this Part

   2. 3. Applications for inclusion in lists of patients

   3. 4. Acceptance of applications for inclusion in lists of patients

   4. 5. Removal from the list of patients at the request of the patient

   5. 6. Removal from the list of patients at the request of the relevant medical practitioner

   6. 7. Removals from the list of patients who are violent

   7. 8. Removals from the list of patients who have moved

   8. 9. Removals not reflected in the list of patients on 31st March 2004

   9. 10. Applications for acceptance as a temporary resident

   10. 11. Acceptance of temporary residents

   11. 12. Termination of responsibility for temporary residents

   12. 13. Provision of immediately necessary treatment

   13. 14. Newly registered patients

   14. 15. Appointments system

   15. 16. Qualifications of performers

   16. 17. Independent nurse prescribers and supplementary prescribers

   17. 18. Patient records

   18. 19. Rights of entry

   19. 20. Refusal of approval of premises under paragraphs 37 and 37A of Schedule 2 to the 1997 Regulations

   20. 21. Withdrawal of approval of premises under paragraph 37 of Schedule 2 to the 1997 Regulations

   21. 22. Investigation of outstanding complaints

   22. 23. Complaints relating to general medical services made after 31st March 2004

   23. 24. Reports to a medical officer

   24. 25. Inquiries about prescriptions and referrals

   25. 26. Arrangements with organisations providing deputy doctors

   26. 27. Notification of sub-contracts under general medical services contracts

   27. 28. Practice leaflet

   28. 29. Medical examination of medical practitioners

   29. 30. Patients not seen within three years

   30. 31. Patients aged 75 years and over

   31. 32. Arrangements for GP Registrars

   32. 33. Refund of fees paid under paragraph 43(e) of Schedule 2 to the 1997 Regulations

   33. 34. Annual reports

   34. 35. Determination of question whether a substance is a drug

   35. 36. Entry on to primary medical services performers list of persons whose application has been granted under regulation 12 of the 1997 Regulations

   36. 37. Outstanding appeals against refusal of an application under regulations 9, 10, or 11 of the 1997 Regulations

   37. 38. Permission for use of facilities in private practice under Article 5 of the 1972 Order

   38. 39. Recovery of overpayments

   39. 40. Continuation of pre-contract disputes relating to general medical services contracts

4. PART 3 TRANSITIONAL PROVISIONS FOR GENERAL MEDICAL SERVICES CONTRACTS WHICH FOLLOW DEFAULT CONTRACTS

   1. 41. Application and interpretation of this Part

   2. 42. Carry over of approvals, applications, notices etc.

   3. 43. Newly registered patients

   4. 44. Temporary residents

   5. 45. Provision of immediately necessary treatment

   6. 46. Removals from the list of patients

   7. 47. Sub-contracting

   8. 48. Complaints

   9. 49. Refund of fees

   10. 50. Annual returns and reviews

   11. 51. Carry-over of disputes between default and general medical services contracts

   12. 52. Grounds for termination of the general medical services contract

   13. 53. Notifications to patients affected by differences between the terms of a default and a general medical services contract

5. PART 4 TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS

   1. 54. Assignment of patients

6. PART 5 TRANSITIONAL PROVISIONS RELATING TO THE 1997 REGULATIONS

   1. 55. Interpretation of this Part

   2. 56. Allocation of medical practitioners on previous lists

   3. 57. Applications not decided on 1st April 2004

   4. 58. Matters relating to the medical practitioner

7. PART 6 TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES

   1. 59. Interpretation of this Part

   2. 60. Terms of general medical services contracts and default contracts

   3. 61. Applications for approval of out of hours arrangements under general medical services and default contracts

   4. 62. Approvals of out of hours arrangements under general medical services and default contracts

   5. 63. Refusal of approval of out of hours arrangements under general medical services contracts and default contracts

   6. 64. Review of approval of out of hours arrangements under general medical services and default contracts

   7. 65. Review of approval of out of hours arrangements under general medical services contracts which follow default contracts

   8. 66. Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

   9. 67. Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services and default contracts

   10. 68. References to the dispute resolution procedure in general medical services contracts which follow default contracts

   11. 69. Carry over of disputes relating to out of hours arrangements between default and general medical services contracts

   12. 70. Saving and transitory provision in relation to paragraphs 20 to 22 of Schedule 2 to the 1997 Regulations

   13. 71. Sub-contracting of out of hours services under general medical services contracts

   14. 72. Out of hours services to patients not registered with general medical services contractors and default contractors

   15. 73. Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the No. 1 Order

8. PART 7 TRANSITIONAL ARRANGEMENTS: THE HEALTH AND PERSONAL SOCIAL SERVICES (DISCIPLINARY PROCEDURES) REGULATIONS (NORTHERN IRELAND) 1996

   1. 74. Interpretation

   2. 75. Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4 of the Disciplinary Procedures Regulations)

   3. 76. Referrals to investigating discipline committees before the relevant date (regulation 5 of the Disciplinary Procedures Regulations)

   4. 77. Determination of a Board or the Department made before the relevant date (regulations 8, 9, 10 and 11 of the Disciplinary Procedures Regulations)

   5. 78. Determination of a Board made on or after the relevant date (regulation 8 of the Disciplinary Procedures Regulations)

   6. 79. Appeals to the Department against determinations of Boards (regulations 9, 10 and 11 of the Disciplinary Procedures Regulations)

   7. 80. Excessive prescribing (regulation 14 of the Disciplinary Procedures Regulations)

   8. 81. Investigation of certification (regulation 15 of the Disciplinary Procedures Regulations)

   9. 82. Investigation of record keeping (regulation 16 of the Disciplinary Procedures Regulations)

   10. 83. Decision as to treatment for which fees may be charged by doctors (regulation 17 of the Disciplinary Procedures Regulations)

   11. 84. Functions of Local Medical Committees

9. PART 8 MISCELLANEOUS

   1. 85. Details to be included on prescription forms etc.

   2. 86. Transitory interpretation of references in statutory provisions to primary medical services

   3. 87. Transitory interpretation of references to general medical services contracts

10. PART 9 SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

    1. 88. Meaning of suitable experience

    2. 89. Saving of Article 144 of the Trade Union and Labour Relations (Northern Ireland) Order 1995

    3. 90. Transitional provision in relation to the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

    4. 91. Transitory modification of Article 21 of the 1991 Order

    5. 92. Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994

    6. 93. Transitory modification of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998

    7. 94. Minor and consequential amendments

    8. 95. Revocations

11. Signature

12. 1. SCHEDULE 1

       MINOR AND CONSEQUENTIAL AMENDMENTS

       1. The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976

          1. 1. (1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976...

       2. Medicines (Pharmacy and General Sale – Exemption) Order 1980

          1. 2. (1) The Medicines (Pharmacy and General Sale – Exemption) Order...

       3. The Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985

          1. 3. In the Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland)...

       4. General Ophthalmic Services Regulations (Northern Ireland) 1986

          1. 4. (1) The General Ophthalmic Services Regulations (Northern Ireland) 1986 shall...

       5. Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994

          1. 5. The Health and Social Services Trusts (Membership and Procedure) Regulations...

       6. The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996

          1. 6. (1) The Children (Private Arrangements for Fostering) Regulations (Northern Ireland)...

       7. The General Dental Services Regulations (Northern Ireland) 1993

          1. 7. In the General Dental Services Regulations (Northern Ireland) 1993, in...

       8. The Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996

          1. 8. Subject to Articles 70 to 80, the Health and Personal...

       9. The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

          1. 9. (1) The Health and Personal Social Services (Injury Benefits) Regulations...

       10. The Prescription Only Medicines (Human Use) Order 1997

           1. 10. (1) The Prescription Only Medicines (Human Use) Order 1997 shall...

       11. The Charges for Drugs and Appliances Regulations (Northern Ireland) 1997

           1. 11. (1) The Charges for Drugs and Appliances Regulations (Northern Ireland)1997...

       12. The Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 1999

           1. 12. In the Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations...

       13. The Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999

           1. 13. In the Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential...

       14. The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and General Medical Services (Amendment No. 3) Regulations (Northern Ireland) 2001

           1. 14. (1) The Medical Act 1983 (Approved Medical Practices and Conditions...

       15. The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

           1. 15. (1) The General and Specialist Medical Practice (Education, Training and...

       16. The Health and Personal Social Services (Amendments relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003

           1. 16. In the Health and Personal Social Services Amendments relating to...

       17. The Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004

           1. 17. In regulation 3 of the Travelling Expenses and Remission of...

    2. SCHEDULE 2

       REVOCATIONS

13. Explanatory Note