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

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

33.—(1) The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002(1) shall be amended as provided in this paragraph.

(2) In regulation 1(3) (citation, commencement, application and interpretation), for the definition of “primary care list”, substitute—

““primary care list” means—

(a)

a list referred to in section 49N(1)(a) to (c) of the 1977 Act;

(b)

a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of that Act as the list existed on or before 31st March 2004;

(c)

a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of that Act as the list existed on or before 31st March 2004; or

(d)

a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.”.

(3) In regulation 5(1)(e)(iii) (disqualification for appointment) omit “, as the case may be,”.

(4) In Schedule 2 (access to meetings and documents), in paragraph (5)(a)(iii), for the paragraph 6B which is to be read as if inserted into Schedule 12A to the Local Government Act 1972, substitute—

“6B   Information relating to—

(a) any particular person who is or was formerly included in a list of persons undertaking to provides services under Part 2 of the National Health Service Act 1977 or is an applicant for inclusion in such a list;

(b) any particular person who is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of that Act(2);

(c) any particular person who is or was formerly providing services under a contract under section 28Q of that Act;

(d) any particular person who is or was providing or performing personal medical services under a pilot scheme agreement under Part 1 of the National Health Service (Primary Care) Act 1997(3) or in accordance with arrangements made or deemed to be made under section 28C of the National Health Service Act 1977;

(e) any particular person who is or was performing personal dental services in accordance with arrangements under section 28C of that Act; or

(f) any particular employee, former employee or applicant to become an employee of a person referred to in sub-paragraphs (a) to (e).”.

(1)

S.I. 2002/3038.

(2)

Section 28X was inserted by section 179 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

(3)

1997 c. 46.