Modifications etc. (not altering text)
C1Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table
C2Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1
C3Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1
Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1
[F1(1)It is the duty [F2of every Primary Care Trust and] of every [F3Health Authority], in accordance with regulations [F4which shall be made for the purpose], to arrange as respects their [F5area] with medical practitioners to provide personal medical services for all persons in the [F5area] who wish to take advantage of the arrangements.
(1A)The services so provided are referred to in this Act as “general medical services”.]
(2)Regulations may provide for the definition of the personal medical services to be provided and for securing that the arrangements will be such that all persons availing themselves of those services will receive adequate personal care and attendance, and the regulations shall include provision—
[F6(a)for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of medical practitioners who undertake to provide general medical services for persons in the area of the Primary Care Trust or Health Authority;]
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)for the issue to patients or their personal representatives by medical practitioners providing those services of such certificates as may be prescribed being certificates reasonably required by them under or for the purposes of any enactment;
(e)for the removal from the list of medical practitioners undertaking to provide general medical services for persons in any [F8area] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general medical services for persons in that [F8area].
[F9(f)for the making of arrangements for the temporary provision of general medical services [F10in the area of a [F11Primary Care Trust or] Health Authority];
(g)for the circumstances in which a name added to the list by virtue of subsection (6) below may be removed from it.]
(3)Regulations under subsection (2) above may provide for the personal medical services there mentioned to include the provision of, and services connected with, any such advice, examination and treatment as are mentioned in paragraph (b) of section 5(1) above.
[F12(4)The remuneration to be paid under the arrangements mentioned in subsection (1) above to a practitioner who provides general medical services shall not, except in special circumstances, consist wholly or mainly of a fixed salary which has no reference to the number of patients for whom he has undertaken to provide such services.]
[F13(5)Regulations shall—
(a)include provision for the making to a medical practitioner providing general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; and
(b)provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.]
[F14(5A)Regulations may include provision as to the making of declarations about—
(a)financial interests;
(b)gifts above a prescribed value; and
(c)other benefits received.
(5B)Before making regulations by virtue of subsection (5A), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent medical practitioners providing general medical services.]
[F15(6)The persons with whom arrangements for the temporary provision of general medical services in [F16an area] may be made by virtue of regulations under subsection (2) above include medical practitioners who are not on the list of medical practitioners providing such services in [F17the area], and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the list.
(7)Regulations may provide that this Act and any regulations made under it shall apply in relation—
(a)to the making of arrangements for the temporary provision of general medical services; and
(b)to the provision of general medical services in pursuance of any such arrangements,
subject to such modifications as may be specified in the regulations.
[F18(8)Where the registration of a medical practitioner in the register of medical practitioners is suspended—
(a)by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of his physical or mental health;
(b)by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or
F19(c)by an interim order under section 41A of that Act (interim orders),
the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.
(9)Where the registration of a medical practitioner in the register of medical practitioners is suspended—
(a)by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of deficient professional performance;
(b)by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or
(c)under rules made by virtue of paragraph 5A(3) of Schedule 4 to that Act (procedure of committees),
the suspension shall not, except in so far as provided by a determination in accordance with regulations under subsection (2) above, terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.]]
Textual Amendments
F1S. 29(1)(1A) substituted for s. 29(1) by S.I. 1985/39, art. 7(3)(a)
F2Words in s. 29(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 3(2); S.I. 2002/2478, art. 3(1)(c)
F3Words in s. 29(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(a)(i) (with Sch. 2 para. 6)
F4Words in s. 29(1) inserted (prosp.) by 1997 c. 46, s. 41(3)(11), Sch. 2 Pt. II para. 71(2)
F5Words in s. 29(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(a)(ii) (with Sch. 2 para. 6)
F629(2)(a) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 3(3)(a); S.I. 2002/2478, art. 3(1)(c)
F7S. 29(2)(b)(c) repealed (1.4.1998) by 1997 c. 46, 41(10(12), Sch. 2 Pt. I para. 8, Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(a), Sch. 1
F8Words in s. 29(2)(e) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(b)(i) (with Sch. 2 para. 6)
F9S. 29(2)(f)(g) added by Health and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 2(1)
F10Words in s. 29(2)(f) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(b)(ii) (with Sch. 2 para. 6)
F11Words in s. 29(2)(f) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 3(3)(b); S.I. 2002/2478, art. 3(1)(c)
F12S. 29(4) ceased to have effect (prosp.) by virtue of National Health Service Act 1966 (c. 8, SIF 113:2), s. 10(3), (as substituted (29.8.1977) by Sch. 15 para. 37(b) of this Act)
S. 29(4) repealed (14.12.2001 for E. (except for certain purposes) and otherwise prosp.) by 2001 c. 15, ss. 17, 67(2), 70(2), Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III
F14S. 29(5A)(5B) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 23(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. 1 Pt. 1
F15S. 29(6)–(8) inserted by Health and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 2(2)
F16Words in s. 29(6) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(c)(i) (with Sch. 2 para. 6)
F17Words in s. 29(6) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(c)(ii) (with Sch. 2 para. 6)
F18S. 29(8)(9) substituted (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 16(1), Sch. 1 para. 8 (with transitional provisions in Sch. 2)
F19S. 29(8)(c) substituted (10.10.2002 for W., 1.1.2003 for E.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 8 para. 2; S.I. 2002/2532, art. 2, Sch.; S.I. 2002/3190, art. 2(2)(c)
Modifications etc. (not altering text)
C4S. 29 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)
C5S. 29 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(a); S.I. 1997/2620, art. 2(2)(a)
C6S. 29(1) modified (prosp.) by 1997 c. 46, s. 41(3)(11), Sch. 2 Pt. II para. 79
C7S. 29(4) modified by S.I. 1974/160, reg. 19(16)(a) (as substituted by S.I. 1985/1053, reg. 3(5)
C8S. 29(4) continued (prosp.) by 1997 c. 46, s. 41(3)(11), Sch. 2 Pt. II para. 71(4)
S. 29(4) continued (1.10.1999 for S. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 2; S.S.I. 1999/90, art. 2(b)