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

Explanatory Note

(This note is not part of the Order.)

This Order makes transitional and consequential provision arising from the replacement on 1st April 2004 of arrangements for the provision of general medical services under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order”) with general medical services contracts under Article 57 of that Order (as inserted by Article 4 of the Primary Medical Services (Northern Ireland) Order 2004 (“the 2004 Order”).

In the case of general medical services, this Order supplements the General Medical Services Transitional and Consequential Provisions (No. 1) (Northern Ireland) Order 2004 (S.R. 2004 No. 141) (“the No. 1 Order”).

Part 2 of the Order is concerned with transitional provision in relation to general medical services. It deals with matters which are still outstanding on 31st March 2004 under the General Medical Services Regulations (Northern Ireland) 1997 (S.R. 1997 No. 380) (“the 1997 Regulations”) which are revoked. In most cases, it provides for those matters to be dealt with as part of the new contractual arrangements.

Part 3 of the Order deals with transitional provision between default contracts (which, under Article 13 of the No. 1 Order, are short-term contracts which can be entered into on or before 31st March 2004 by those who had been providing general medical services under Article 56 of the 1972 Order pending agreement on a permanent general medial services contract) and the succeeding general medical services contract. It provides for certain actions etc taken under the default contract to carry forward to the general medical services contract.

Part 4 of the Order deals with transitional arrangements for general medical services in relation to the assignment of patients under regulations 4 to 6 of the Health Services (Choice of Medical Practitioner) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 412) which are revoked.

Part 5 of the Order makes transitional provision for matters relating to inclusion on the medical list under the 1997 Regulations.

Part 6 of the Order deals with out of hours arrangements and services. Articles 56 to 64, 63 and 64 make transitional provision in relation to matters outstanding on 31st March 2004 under paragraphs 20 to 22 of Schedule 2 to the 1997 Regulations. Articles 61, 64 and 65 make transitional provision in relation to matters outstanding on the date on which a default contract is replaced by a general medical services contract. Article 66 provides for the 1997 Regulations to remain in operation for certain purposes until 31st December 2004 subject to certain modifications. Articles 67 and 69 deal with other miscellaneous transitional matters in relation to out of hours services.

Part 7 of the Order is concerned with transitional provision in relation to the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996 which are amended so that they no longer apply to doctors. It makes provision for matters which are outstanding in relation to doctors under those regulations on 31st March 2004 to be concluded.

Part 8 of the Order includes a number of miscellaneous transitional and transitory provisions.

Part 9 of the Order (and Schedules 1 and 2) set out savings, modifications, amendments and revocations.