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

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37.—(1) The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(1) shall be amended as provided in this paragraph.

(2) In article 10 (the General Practitioner Register)—

(a)in paragraph (4), for sub-paragraph (a), substitute—

(a)in England or Wales, be included in a medical performers list;;

(b)in paragraph (6), omit sub-paragraph (a); and

(c)in paragraph (7), after the word “practise” insert “in Scotland and Northern Ireland”.

(3) In article 11 (general practitioners eligible for entry in the General Practitioner Register), in paragraph (2), for the words “the restriction on his right to practise as provided for in article 10(7)” substitute “that fact”.

(4) In article 12 (acquired rights of general practitioners), in paragraph (2) for the words “the restriction on his right to practise as provided for in article 10 (6) or (7) (as appropriate)” substitute “that fact”.

(5) In Schedule 1 (interpretation)—

(a)insert at the appropriate alphabetical position—

“medical performers list” means a list of medical practitioners prepared and published pursuant to section 28X of the 1977 Act;; and

(b)for the definition of “restricted services principal” substitute—

“restricted services principal” means—

(a)

in England and Wales, a general practitioner who had, pursuant to the National Health Service (General Medical Services) Regulations 1992 (before their repeal), undertaken to provide general medical services limited to—

(i)

child health surveillance services,

(ii)

contraceptive services,

(iii)

maternity medical services, or

(iv)

minor surgery services,

or any combination of the above;

(b)

in Scotland, the same as in the National Health Service (General Medical Services) (Scotland) Regulations 1995; or

(c)

in Northern Ireland, the same as in the General Medical Services Regulations (Northern Ireland) 1997;.

(6) In Schedule 8 (transitional, transitory and saving provisions), in paragraph 22 (general practitioners permitted to work within the National Health Service during the transitional period)—

(a)in sub-paragraph (2)—

(i)for sub-paragraph (a) substitute—

(a)in England and Wales, inclusion in a medical performers list;;

(b)in sub-paragraph (4), omit sub-paragraph (a); and

(c)in sub-paragraph (5), after the word “practise” insert “in Scotland or Northern Ireland”.

(7) In Schedule 9 (consequential amendments to primary legislation)—

(a)in paragraph 2 (National Health Service Act 1977 (c. 49)), omit sub-paragraphs (a) and (b); and

(b)in paragraph 6 (National Health Service (Primary Care) Act 1997 (c. 46)), omit sub-paragraphs (a), (b) and (c)(i).

(8) In Schedule 10 (consequential amendments to, and revocations of, secondary legislation), omit paragraphs 1 (the National Health Service (General Medical Services) Regulations 1992), 5 (the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998) and 7 (the National Health Service (General Medical Services Supplementary List) Regulations 2001).

(1)

S.I. 2003/1250.

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