PART 1GENERAL

Citation, commencement, application and interpretation1.

(1)

This Order may be cited as the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 and shall come into force on 1st April 2004.

(2)

Parts 1 to 8 of this Order, article 120 and Schedule 2 apply only in relation to England.

(3)

The savings, modifications and amendments of enactments made by articles 110 to 119 and Schedule 1 have no application to Wales but, subject to that, and save as specifically provided in relation to articles 116 and 117 and paragraphs 19 and 20 of Schedule 1, the extent of those provisions is the same as that of the enactment saved, modified or amended.

(4)

In this Order—

“the 1990 Act” means the National Health Service and Community Care Act 19902;
“the 1992 Regulations” means the National Health Service (General Medical Services) Regulations 19923;

“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003;

“the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 20034;
“the 2004 Regulations” means the National Health Service (General Medical Services Contracts) Regulations 20045;

“accredited service provider” has the same meaning as in the Out of Hours Regulations;

“additional services” has the same meaning as in the 2004 Regulations;

“bank holiday” means any day that is specified or proclaimed as a bank holiday pursuant to section 1 of the Banking and Financial Dealings Act 19716;
“the Choice Regulations” means the National Health Service (Choice of Medical Practitioner) Regulations 19987;

“contractor” has, unless the context otherwise requires, the meaning given in article 57;

“core hours” means the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;

“default contract” means a contract under article 13 of the Transitional Order and “default contractor” shall, except in Part 3, where it has the meaning given in article 43(3), be construed accordingly;

“essential services” means the services described in regulation 15(3), (5), (6) and (8) of the 2004 Regulations;

“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the 1977 Act8;
“general medical services contract” means a contract under section 28Q of the 1977 Act9 and “general medical services contractor” shall, except in Part 3, where it has the meaning given in article 43(3), be construed accordingly;

“list of patients” means—

(a)

in relation to a person providing general medical services under section 29 of the 1977 Act10, the list of patients of a medical practitioner prepared by the Primary Care Trust under regulation 19 of the 1992 Regulations;

(b)

in relation to a general medical services contractor or a default contractor, the list prepared and maintained by the Primary Care Trust under the term of a general medical services contract which gives effect to paragraph 14 of Schedule 6 to the 2004 Regulations or under the equivalent term of a default contract; and

(c)

in relation to a person providing services under an agreement for primary medical services made (or, pursuant to article 58, deemed to be made) under section 28C of the 1977 Act11—
  1. (i)

    the list prepared and maintained by the Primary Care Trust under the term of that agreement which gives effect to paragraph 13 of Schedule 5 to the Personal Medical Services Agreements Regulations, or

  2. (ii)
    the doctor’s or pooled list required to be kept under the terms of any directions made by the Secretary of State under section 17 of the 1977 Act12 in relation to patient lists for transitional agreements;

“Local Medical Committee” means—

(a)

until 1st April 2004, a committee recognised under section 44 of the 1977 Act 13;

(b)

from that date, a committee recognised under section 45A of that Act14;
“medical list” means the list of medical practitioners undertaking to provide general medical services for persons in its area kept by a Primary Care Trust under regulations made under section 29(2)(a) of the 1977 Act15;

“medical performers list” means a list of medical practitioners prepared and published pursuant to regulation 3(1) of the Performers Lists Regulations;

“the NHS dispute resolution procedure” means, except in Part 4, the procedure for resolution of disputes specified in paragraphs 101 and 102 of Schedule 6 to the 2004 Regulations;

“out of hours period”, unless the context otherwise requires, has the same meaning as in regulation 2(1) of the 2004 Regulations;

“Out of Hours Regulations” means the National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 200216;
“Performers Lists Regulations” means the National Health Service (Performers Lists) Regulations 200417;

“personal medical services agreement” means an agreement made under section 28C of the 1977 Act;

“the Personal Medical Services Agreements Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 200418;
“pilot scheme” means an agreement made under Part 1 of the National Health Service (Primary Care) Act 199719;

“pilot scheme provider” means a person who is providing services under a pilot scheme;

“PMS contractor” means—

(a)

a contractor as defined in regulation 2 of the Personal Medical Services Agreements Regulations; or

(b)

in relation to a transitional agreement, a contractor as defined in article 57;

“practice premises”, in relation to a person providing services under section 29 of the 1977 Act, has the same meaning as in regulation 2(1) of the 1992 Regulations and, in relation to a general medical services contractor or a default contractor, has the same meaning as in regulation 2(1) of the 2004 Regulations;

“registered patient” means—

(a)

a person who is recorded by the Primary Care Trust as being on the list of patients of a default contractor or a general medical services contractor, or

(b)

a person whom a default contractor or a general medical services contractor has accepted for inclusion on its list of patients, whether or not notification of that acceptance has been received by the Primary Care Trust and who has not been notified by the Primary Care Trust as having ceased to be on that list;

“temporary resident” means a person accepted by a general medical services contractor or a default contractor as a temporary resident under the term of its general medical services contract which gives effect to paragraph 16 of Schedule 6 to the 2004 Regulations (or under the equivalent term of its default contract) and for whom the contractor’s responsibility has not been terminated in accordance with the terms of the general medical services contract or default contract;

“transitional agreement” means an agreement which is deemed under article 58 to have been made under section 28C of the 1977 Act and which has not been varied in accordance with article 59;

“the Transitional Order” means the General Medical Services Transitional and Consequential Provisions Order 200420.