The National Health Service (General Medical Services) Amendment Regulations 1998

Other amendments of the 1992 Regulations

9.—(1) The 1992 Regulations are amended in accordance with the following provisions of this regulation.

(2) In each of—

(a) regulation 27(12)(a) (child health surveillance list); and

(b) regulation 32(12)(a) (minor surgery list),

for “regulation 6(3) or regulation 7”, substitute, in each case, “regulation 6(3), regulation 7, or section 12(2) of the 1997 Act”.

(3) In regulation 29 (obtaining contraceptive services), in paragraph (5), for the words from “paragraph 4 of regulation 26” to the end, substitute “regulation 26 shall apply to terminate the provision of contraceptive services by any other doctor under paragraph (1), as if those services were general medical services provided to a person included in the list of that other doctor”.

(4) In regulation 30(13)(a) (obstetric list), for “regulation 6(3) or 7” substitute “regulation 6(3), regulation 7, or section 12(2) of the 1997 Act”.

(5) In Schedule 2—

(a) in paragraph 4 (a doctor’s patients), in sub-paragraph (1)(h), at the end add “(or if, in the case of a pilot doctor, more than one such doctor is under an obligation to give treatment, no such doctor practising from the premises to which the request was made is able to attend and give treatment)”;

(b) in paragraph 18A(1) (out of hours arrangements), at the end of sub-paragraph (2), insert “, but that arrangement shall terminate if the doctor with whom it is made ceases to be included in a medical list in accordance with section 12(2) of the 1997 Act to enable him to perform personal medical services under a pilot scheme”;

(c) in paragraph 22(2) (organisations providing deputy doctors), in sub-paragraph (2)(a), after paragraph (iii), insert—

“(iv) will not be subject to a declaration under paragraph 4(3) of Schedule 1 to the 1997 Act that he is not fit to be engaged in any capacity in the provision of general medical services; and”;

(d) in paragraph 23(3) (employment of assistants and deputies), at the end of sub-paragraph (b), insert—

“; or

(c) who is subject to a declaration under paragraph 4(3) of Schedule 1 to the 1997 Act that he is not fit to be engaged in any capacity in the provision of general medical services;”

(e) in paragraph 32 (use of practice premises after declaration of vacancy), in sub-paragraph (1), after “whose practice has been declared vacant”, insert “(including premises occupied or used by a pilot doctor where the declaration of a vacancy arises from the termination of the pilot scheme in question)”; and

(f) in paragraph 33 (use of former practice premises)—

(i) in sub-paragraph (1), after “made available by the Secretary of State” insert “(or, in the case of a pilot doctor, at premises used for the purposes of the pilot scheme in question)”, and

(ii) in paragraph (b) of sub-paragraph (2), after “the Secretary of State”, insert “or at premises used for the purposes of the pilot scheme in question”.

(5) In Part I of Schedule 5 (criteria to be considered before inclusion in an obstetric list)—

(a) in paragraph 3(a), at the end, insert “or performed maternity medical services in connection with a pilot scheme”; and

(b) in paragraph 5, at the end, insert “, or performing maternity medical services in connection with a pilot scheme”.

(1)

Paragraph 18A was inserted by S.I. 1996/702, regulation 5(5).

(2)

Paragraph 22 was substituted by S.I. 1997/730, regulation 3.

(3)

Paragraph 23 was substituted by S.I. 1995/3093, regulation 6(b).