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

PART 5 TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS

Assignment of patients

70.  Where, on 31st March 2004, a person had applied to a Primary Care Trust for assignment to a medical practitioner under regulation 4 of the Choice Regulations(1) but that application had not yet been determined, the Primary Care Trust shall—

(a) require a contractor to assign the person to a medical practitioner who performs personal medical services under a transitional agreement in accordance with article 64(1);

(b) assign the patient in accordance with the terms of the contract, to—

(i) a default contractor,

(ii) a general medical services contractor, or

(iii) a person who is a party to a personal medical services agreement; or

(c) otherwise make arrangements for the applicant to be provided with essential services (or their equivalent) in the area of the Primary Care Trust.

Representations against assignments

71.—(1) Where, on 31st March 2004, a Primary Care Trust had assigned a patient to a relevant medical practitioner under regulation 4 of the Choice Regulations but the seven days for him to make representations against that assignment in regulation 6(1) of those Regulations had not yet expired, the succeeding contractor shall be entitled to make representations to the Primary Care Trust in writing against that assignment within the period of seven days beginning on the day on which the relevant medical practitioner received notice of the assignment under regulation 4 of the Choice Regulations, as if regulation 6 of the Choice Regulations were still in force.

(2) Where, on 31st March 2004, a Primary Care Trust had required a pilot scheme provider to assign a patient under regulation 4(2)(b) of the Choice Regulations but the seven days for him to make representations against that requirement to assign in regulation 6(2) of those Regulations had not yet expired, the PMS contractor who is a party to the personal medical services agreement which has succeeded the pilot scheme shall be entitled to make representations to the Primary Care Trust in writing against that requirement to assign within the period of seven days beginning on the day on which the pilot scheme provider received notice of the requirement under regulation 4 of the Choice Regulations, as if regulation 6 of the Choice Regulations were still in force.

(3) Where representations are made to a Primary Care Trust under paragraph (1) or (2), the Primary Care Trust shall deal with those representations in accordance with regulation 6 of the Choice Regulations as if those Regulations were still in force and shall, on or before 30th April 2004, either confirm or revise its decision to assign the patient.

(4) In this article, “relevant medical practitioner” and “succeeding contractor” have the meaning given in article 2(3).

(1)

Regulation 4 was amended by S.I. 1999/3179 and 2002/2469.