The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the National Health Service (General Medical Services Contracts) Regulations 2004 (“the GMS Contracts Regulations”), the National Health Service (Personal Medical Services Agreements) Regulations 2004 (“the PMS Agreements Regulations”) and the National Health Service (Performers Lists) Regulations 2004 (“the Performers Lists Regulations”).

Part 2 amends the GMS Contracts Regulations. In particular:

(a) regulation 2 amends regulation 2 of the GMS Contracts Regulations (interpretation) as a consequence of the abolition of the Family Health Services Appeal Authority by the Transfer of Tribunal Functions Order 2010 (S.I. 2010/22);

(b) regulation 3 amends regulation 4 of the GMS Contracts Regulations (conditions relating solely to medical practitioners) as a consequence of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234) and the Postgraduate Medical Education and Training Order of Council 2010 (S.I. 2010/473);

(c) regulations 4 and 6(8) update references to the provisions relating to removal of a person being concerned in the management or control of a charity or body as a consequence of the Charities and Trustee Investment (Scotland) Act 2005;

(d) regulation 5 amends regulation 21 (certificates) of the GMS Contracts Regulations as a consequence of the introduction in the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (S.I. 2010/137) of new rules relating to medical evidence;

(e) regulation 6(2) inserts new provisions in respect of the use of certain telephone numbers which charge patients more than the equivalent cost of calling a geographical number;

(f) regulation 6(3) updates the reference to requirements which a contractor must comply with in providing out of hours services;

(g) regulation 6(4) amends an erroneous reference in paragraph 20 of Schedule 6 to the GMS Contracts Regulations.

(h) regulation 6(5) updates the reference to the requirements in respect of a contractor’s computer system;

(i) regulation 6(6) makes changes to the arrangements under which contractors must disclose information (with the consent of the patient) in connection with claims for benefits; and

(j) regulation 6(7) updates certain statutory references in relation to entry and inspection.

Part 3 makes amendments to the PMS Agreements Regulations which mirror those made to the GMS Contracts Regulations. In addition, it makes:

(a) a minor amendment to clarify paragraph 44 of Schedule 5 to the PMS Agreements Regulations in respect of prescribing medicines (regulation 10(5)); and

(b) amendments clarifying the provisions for termination by notice and correcting an incorrect cross reference (regulation 10(9) to (11)).

Part 4 makes an amendment to the Performers Lists Regulations consequential on the abolition of the Postgraduate Medical Education and Training Board by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 and the transfer of functions from the Board to the General Medical Council. The amendment is also consequential on the associated Postgraduate Medical Education and Training Order of Council 2010.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.