The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

23.—(1) The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(1) shall be amended as provided in this paragraph.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a) for the definition of “medical practitioner”, substitute—

““medical practitioner”, except in regulation 5(1)(da)(iii), means a medical practitioner who is providing or performing primary medical services under Part 1 of the Act;”;

(b) in the definition of “nurse”—

(i) in paragraphs (a) and (b), omit “personal medical services or”,

(ii) for paragraph (c), substitute—

“(c) is a party to a general medical services contract under section 28Q of the Act or to a PMS agreement;

(ca) is employed by a provider of primary medical services under Part 1 of the Act to assist in the provision of those services;”;

(c) in the definition of “Part II services”, omit “general medical services,”;

(d) after the definition of “pilot scheme health service body”, insert—

““PMS agreement” means an agreement made under section 28C of the Act and includes a transitional agreement deemed to have been made under that section pursuant to article 58 of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 and which has not been varied in accordance with article 59 of that Order;”; and

(e) for the definition of “primary care list”, substitute—

““primary care list” means—

(a)

a list referred to in section 49N(1)(a) to (c) of the 1977 Act;

(b)

a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of that Act as the list existed on or before 31st March 2004;

(c)

a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of that Act as the list existed on or before 31st March 2004; or

(d)

a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004;”.

(3) In regulation 5 (disqualification for appointment), in paragraph (1)—

(a) in sub-paragraph (da)(iii), omit “, as the case may be,”; and

(b) in sub-paragraph (g)(i), after “in the provision of” insert “primary medical services”.

(1)

S.I. 2000/89. Relevant amending instruments are S.I. 2002/881 and 2003/1616.