The National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002

Interpretation

2.  In these Regulations—

“the 1977 Act” means the National Health Service Act 1977;

“the 1997 Act” means the National Health Service (Primary Care) Act 1997(1);

“accrediting authority” means, in relation to a service provider(2), the Primary Care Trust which is responsible, in accordance with regulation 4(3) and (4), for determining its application for approval;

“accredited service provider” means a relevant service provider which is approved in accordance with these Regulations to provide out of hours services(3) in a specified area;

“assessing authority” has the meaning given to it by regulation 4(5);

“existing service provider” means—

(a)

a relevant service provider with which a doctor has an out of hours arrangement, which has been approved in accordance with paragraph 18A(9) of Schedule 2 to the General Medical Services Regulations; or

(b)

a relevant service provider which has an arrangement in connection with a pilot scheme under which personal medical services are performed outside the normal hours, otherwise than by the doctors named in the pilot scheme agreement as primarily responsible for the performance of those services;

“General Medical Services Regulations” means the National Health Service (General Medical Services) Regulations 1992(4);

“National Health Service Counter Fraud Service” means the service established by the Secretary of State to deal with inquiries and investigations relating to any allegation of fraud or corruption in the health service;

“necessary quality standards” means the standards set out in the document entitled “Quality Standards in the Delivery of GP Out of Hours Services” published on 20th June 2002(5);

“normal hours” means those days and hours specified in a pilot scheme agreement as being those days on which, and times at which, a doctor will normally be available to perform personal medical services;

“out of hours arrangement” means an arrangement under paragraph 18A(2) of Schedule 2 to the General Medical Services Regulations;

“pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme under section 1(1) of the 1997 Act;

“relevant service provider” means any service provider except—

(a)

an individual medical practitioner; or

(b)

a group of medical practitioners, whether in partnership or not, who provide out of hours services for each other under informal rota arrangements;

“specified area” means—

(a)

in relation to a relevant service provider, the geographical area in England for which it seeks approval, or

(b)

in relation to an accredited service provider, the geographical area in England for which it is approved,

to provide out of hours services.

(1)

1997 c. 46.

(2)

By section 18(3) of the 2001 Act, “service provider” means, in relation to arrangements to which the section applies, the person or persons undertaking to provide out of hours services under the arrangements.

(3)

By section 18(3) of the 2001 Act, “out of hours services” means general medical services or personal medical services (as the case may be) provided during part or all of an out of hours period.

(4)

S.I. 1992/635. Relevant amendments are made by S.I. 1996/702, S.I. 1998/682, S.I. 2001/3742 and S.I. 2002/2469.

(5)

The document “Quality Standards in the delivery of GP Out of Hours Services” published on 20th June 2002 is published by the Department of Health on its website at http://www.doh.gov.uk/pricare/qualitystandards.htm or a copy may be obtained by writing to Primary Care, Room 7E28, Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE, or by e-mailing [e-mail].