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

22.—(1) The Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999(1) shall be amended as provided in this paragraph.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a) in the definition of “Part II services”, omit “general medical services”;

(b) for the definition of “practice patient” substitute—

““practice patient” means—

(a)

in relation to a medical practitioner who practises otherwise than in partnership and is providing services under a transitional agreement, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with the transitional agreement, an individual who is on that single list);

(b)

in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other and who is providing services under a transitional agreement, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with the transitional agreement, an individual who is on that single list); and

(c)

in all other cases, an individual who is on the list of patients of a person providing primary medical services under Part 1 of the Act prepared and maintained by the Primary Care Trust;”.

(c) at the end, add—

““transitional agreement” means an agreement deemed to be made under section 28C of the Act pursuant to article 58 of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 and which has not been varied in accordance with article 59 of that Order.”.

(3) In regulation 2 (consultation requirements for PCT orders)—

(a) in paragraph (2)(d)(i), after “the provision of” insert “primary medical services”; and

(b) in paragraph (3)—

(i) in sub-paragraph (a)—

(aa) for “medical practitioners providing general” substitute “persons providing primary”; and

(bb) omit “or performing personal medical services in connection with a pilot scheme under the 1997 Act,”, and

(ii) in sub-paragraph (b)—

(aa) for “medical practitioner providing general” substitute “person providing primary”; and

(bb) omit “or performing personal medical services in connection with a pilot scheme under the 1997 Act,”.

(4) In regulation 3 (consultation on amendment of a PCT order or dissolution)—

(a) in paragraph (4)(d)(i), after “the provision of” insert “primary medical services”; and

(b) in paragraph (5)—

(i) in sub-paragraph (a)—

(aa) for “medical practitioners providing general” substitute “persons providing primary”; and

(bb) omit “or performing personal medical services in connection with a pilot scheme under the 1997 Act,”, and

(ii) in sub-paragraph (b)—

(aa) for “medical practitioner providing general” substitute “person providing primary”; and

(bb) omit “or performing personal medical services in connection with a pilot scheme under the 1997 Act,”.

(1)

S.I. 1999/2337. The relevant amending instrument is S.I. 2002/2469.