The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to certain Regulations relating to primary medical services.

Part 2 amends the National Health Service (General Medical Services Contracts) Regulations 2004 (“the GMS Contracts Regulations”). In particular, it:

(a) updates the definitions of “batch issue” and “repeatable prescription”;

(b) makes changes relating to the method by which home oxygen services may be ordered;

(c) makes amendments to references to “incapable adults”, and to those who may act on their behalf, to reflect the terms used in and the provisions of the Mental Capacity Act 2005;

(d) makes amendments to the provisions relating to the contractor’s clinical governance system to provide that such systems must include standard operating procedures in relation to the management and use of controlled drugs and also makes amendments which require contractors to co-operate in the discharge of any obligations of the Primary Care Trust or its accountable officer in relation to the management and use of controlled drugs; and

(e) makes minor changes to the restrictions on those who are eligible to contract to provide primary medical services and to the provisions relating to the service of remedial and breach notices.

Part 3 makes amendments to the National Health Service (Personal Medical Services Agreements) Regulations 2004 (“the PMS Agreements Regulations”) which mirror those made in the GMS Contracts Regulations. It also makes amendments to the procedure by which dispensing services may be provided to registered patients under the contract where the PMS provider is a Primary Care Trust.