The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Arrangements with organisations providing deputy doctors

28.—(1) Where—

(a) on 31st March 2004—

(i) a Primary Care Trust had, on or before that date, issued a remedial notice to a relevant medical practitioner under paragraph 21A(7) of Schedule 2 to the 1992 Regulations(1); and

(ii) the date specified in the notice as the one before which remedial action should be taken had not yet been reached; and

(b) on 1st April 2004, the arrangements covered by the remedial notice are continuing in the form of a sub-contract with the succeeding contractor,

the remedial notice issued under paragraph 21A(7) of Schedule 2 to the 1992 Regulations shall be regarded as a remedial notice served in the same terms on the succeeding contractor on 1st April 2004 under the term of its general medical services contract which gives effect to paragraph 115(1) of Schedule 6 to the 2004 Regulations (or under the equivalent term of its default contract).

(2) A remedial notice deemed to have been served on the succeeding contractor pursuant to paragraph (1) shall not count as a remedial notice for the purposes of the term of the general medical services contract which gives effect to paragraph 115(6) of Schedule 6 to the 2004 Regulations (or for the purposes of the equivalent term of the default contract).

(3) In this article, “remedial notice” means, in relation to a notice issued before 1st April 2004, a notice issued under paragraph 21A(7) of Schedule 2 to the 1992 Regulations and, in relation to a notice issued after that date, a notice served under the term of the general medical services contract which gives effect to paragraph 115(1) of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract).

(1)

Paragraph 21A was inserted by S.I. 2003/26.