The National Health Service (General Medical Services Contracts) Regulations 2004

1Citation, commencement and application

2Interpretation

PART 2CONTRACTORS

3Conditions: general

4Conditions relating solely to medical practitioners

5General condition relating to all contracts

8Prescribed period under section 28D(1)(bc) of the Act

PART 3PRE-CONTRACT DISPUTE RESOLUTION

9Pre-contract disputes

PART 4HEALTH SERVICE BODY STATUS

10Health service body status

PART 5CONTRACTS: REQUIRED TERMS

11Parties to the contract

12Health service contract

13Contracts with individuals practising in partnership

15Essential services

16Additional services

17Opt outs of additional and out of hours services

18Services generally

19(1) Except in the case of the services referred to...

20A contract must contain a term which requires the contractor...

23The contract must contain a term to the effect that...

24Fees and charges

25Arrangements on termination

26Other contractual terms

PART 6FUNCTIONS OF LOCAL MEDICAL COMMITTEES

27(1) The functions of a Local Medical Committee which are...

PART 7TRANSITIONAL PROVISIONS

29Additional services

30Out of hours services

31(1) Where the contract is with— (a) an individual medical...

32A contract which includes the provision of out of hours...

SCHEDULE 1REPEAT DISPENSING FORMS

PART 1REPEATABLE PRESCRIPTION

PART 2BATCH ISSUE

SCHEDULE 2ADDITIONAL SERVICES

1Additional services generally

2Cervical screening

3Contraceptive services

4Vaccinations and immunisations

5Childhood vaccinations and immunisations

6Child health surveillance

7Maternity medical services

SCHEDULE 3OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES

1Opt outs of additional services: general

2Temporary opt outs and permanent opt outs following temporary opt outs

3Permanent opt outs

4Out of hours opt outs where the opt out notice is served after 30th September 2004

5Out of hours opt outs where the opt out notice is served before 1st October 2004

6Informing patients of opt outs

SCHEDULE 4LIST OF PRESCRIBED MEDICAL CERTIFICATES

SCHEDULE 5FEES AND CHARGES

1The contractor may demand or accept a fee or other...

SCHEDULE 6OTHER CONTRACTUAL TERMS

PART 1PROVISION OF SERVICES

2Attendance at practice premises

3Attendance outside practice premises

4Newly registered patients

5Patients not seen within three years

6Patients aged 75 years and over

7Clinical reports

8Storage of vaccines

9Infection control

10Criteria for out of hours services

11Standards for out of hours services

12Duty of co-operation in relation to additional, enhanced and out of hours services

13Where a contractor is to cease to be required to...

14List of patients

15Application for inclusion in a list of patients

16Temporary residents

17Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident

18Patient preference of practitioner

19Removal from the list at the request of the patient

20Removal from the list at the request of the contractor

21Removals from the list of patients who are violent

22Removals from the list of patients registered elsewhere

23Removals from the list of patients who have moved

24Where the address of a patient who is on the...

25Removals from the list of patients absent from the United Kingdom etc.

26Removals from the list of patients accepted elsewhere as temporary residents

27Removals from the list of pupils etc. of a school

28Termination of responsibility for patients not registered with the contractor

29Closure of lists of patients

30Approval of closure notice by the Primary Care Trust

31Rejection of closure notice by the Primary Care Trust

32Assignment of patients to lists: open lists

33Assignment of patients to lists: closed lists

34Factors relevant to assignments

35Assignments to closed lists: determinations of the assessment panel

36Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

37Assignments to closed lists: assignments of patients by a Primary Care Trust

PART 3PRESCRIBING AND DISPENSING

39(1) Subject to paragraphs 42 and 43, a prescriber shall...

40Repeatable prescribing services

41Repeatable prescriptions

42Restrictions on prescribing by medical practitioners

43Restrictions on prescribing by supplementary prescribers

44Bulk prescribing

45Interpretation of paragraphs 38, 39 and 41 to 44

46Excessive prescribing

47Provision of dispensing services

48Consent to dispense

49Contractors who previously provided dispensing services under pilot schemes or section 28C arrangements

50Terms relating to the provision of dispensing services

51Dispensing contractor list

52Provision of drugs, medicines and appliances for immediate treatment or personal administration

PART 4PERSONS WHO PERFORM SERVICES

53Qualifications of performers

54No health care professional other than one to whom paragraph...

55Where the registration of a health care professional or, in...

56No health care professional shall perform any clinical services unless...

57Conditions for employment and engagement

58(1) A contractor shall not employ or engage—

59(1) The contractor shall not employ or engage a health...

60(1) Before employing or engaging any person to assist it...

62The contractor shall afford to each employee reasonable opportunities to...

63Terms and conditions

64Arrangements for GP Registrars

65Independent nurse prescribers and supplementary prescribers

66Signing of documents

67Level of skill

68Appraisal and assessment

69Sub-contracting of clinical matters

70Sub-contracting of out of hours services

71Withdrawal and variation of approval under paragraph 70

72(1) Without prejudice to any other remedies which it may...

PART 5RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

73Patient records

74Access to records for the purpose of the Quality Information Preparation Scheme

75Confidentiality of personal data

76Practice leaflet

77Provision of information

78Requests for information from Patients' Forums

79Inquiries about prescriptions and referrals

80Reports to a medical officer

81Annual return and review

82Notifications to the Primary Care Trust

83The contractor shall, unless it is impracticable for it to...

84The contractor shall notify the Primary Care Trust in writing...

85Notice provisions specific to a contract with a company limited by shares

86Notice provisions specific to a contract with two or more individuals practising in partnership

87Notification of deaths

88Notifications to patients following variation of the contract

89Entry and inspection by the Primary Care Trust

90Entry and inspection by members of Patients' Forums

91Entry and inspection by the Commission for Healthcare Audit and Inspection

PART 6COMPLAINTS

92Complaints procedure

93Making of complaints

94Where a patient has died a complaint may be made...

95Period for making complaints

96Further requirements for complaints procedures

97Co-operation with investigations

98Provision of information about complaints

PART 7DISPUTE RESOLUTION

99Local resolution of contract disputes

100Dispute resolution: non-NHS contracts

101NHS dispute resolution procedure

102Determination of dispute

103Interpretation of Part 7

PART 8VARIATION AND TERMINATION OF CONTRACTS

104Variation of a contract: general

105Variation provisions specific to a contract with an individual medical practitioner

106Variation provisions specific to a contract with two or more individuals practising in partnership

107Termination by agreement

108Termination by the contractor

109Late payment notices

110Termination by the Primary Care Trust: general

111Termination by the Primary Care Trust for breach of conditions in regulation 4

112Termination by the Primary Care Trust for the provision of untrue etc. information

113Other grounds for termination by the Primary Care Trust

114The Primary Care Trust may serve notice in writing on...

115Termination by the Primary Care Trust: remedial notices and breach notices

116Termination by the Primary Care Trust: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares

117Contract sanctions

118Contract sanctions and the NHS dispute resolution procedure

119Termination and the NHS dispute resolution procedure

120Consultation with the Local Medical Committee

PART 9MISCELLANEOUS

121Clinical governance

123The contractor shall at all times hold adequate public liability...

125Compliance with legislation and guidance

126Third party rights

SCHEDULE 7OUT OF HOURS SERVICES

1Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services

2Application for approval of an out of hours arrangement

3Effect of approval of an arrangement with a transferee doctor

4Review of approval

5Suspension of approval

6Immediate withdrawal of approval other than following review

7Suspension or termination of an out of hours arrangement

SCHEDULE 8CLOSURE NOTICE

SCHEDULE 9PRIMARY CARE TRUSTS SPECIFIED

FOR THE PURPOSES OF REPEATABLE PRESCRIBING

SCHEDULE 10INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

2004 No. 291

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (General Medical Services Contracts) Regulations 2004

Made8th February 2004

Laid before Parliament9th February 2004

Coming into force1st March 2004

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 28D(1)(bc), 28R, 28S, 28V, 28W, 45A(9) and 126(4) of the National Health Service Act 19771, section 4(5) of the National Health Service and Community Care Act 19902 and of all other powers enabling him in that behalf, hereby makes the following Regulations: