PART 8SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

Meaning of suitable experience86.

(1)

Until the coming into force of article 5 of the 2003 Order, where, in any enactment, there is a reference to a medical practitioner being “suitably experienced” within the meaning of section 31(2) of the National Health Service Act 1977, that reference shall be construed in accordance with sub-paragraph (2).

(2)

A medical practitioner shall, pursuant to sub-paragraph (1), be regarded as being “suitably experienced” if he or she—

(a)

holds a certificate of prescribed experience;

(b)

holds a certificate of equivalent experience;

(c)

is exempt from the need to have acquired the prescribed experience pursuant to regulation 5 of the National Health Service (Vocational Training for General Medical Practice) Regulations 199768 (exemptions); or

(d)

has an acquired right to practise pursuant to regulation 5 of the Vocational Training for General Medical Practice (European Requirements) Regulations 199469, other than by virtue of regulation 5(1)(d) of those Regulations (acquired rights)70,

(3)

In this article, “certificate of prescribed experience” and “certificate of equivalent experience” have the meanings assigned to them in regulation 2(1) of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997.

(4)

Notwithstanding the repeal of section 31 and 32 of the 1977 Act, the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 and the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 shall remain in force (subject to the transitory modifications made in this Part) until their revocation by virtue of article 31(5) of, and Part 2 of Schedule 10 to the 2003 Order.

Savings of certain provisions of the Medical Act 198387.

Notwithstanding the coming into force of the amendments to sections 11 and 12 of the Medical Act 198371 made by paragraphs 47 to 49 of Schedule 11 to the 2003 Act72, in relation to any employment before 1st April 2004 in—

(a)

an approved medical practice; or

(b)

a health centre,

sections 11(4) and 12(2)(a) of the Medical Act 1983 shall have effect as if those amendments had not been brought into force.

Saving of section 279 of the Trade Union and Labour Relations (Consolidation) Act 199288.

Notwithstanding the coming into force of the amendments to the definition of worker in section 279 of the Trade Union and Labour Relations (Consolidation) Act 199273 (health service practitioners) made by paragraph 59 of Schedule 11 to the 2003 Act74, in relation to any complaint arising in respect of a matter which occurred before 1st April 2004, section 279 shall have effect as if those amendments had not been brought into force.

Saving of sections 2A and 6(5) of the Health Service Commissioners Act 199389.

Notwithstanding the coming into force of the amendments to sections 2A and 6(5) of the Health Service Commissioners Act 199375 made by paragraphs 62 and 63 of Schedule 11 to the 2003 Act76, in relation to any complaint arising in respect of a matter which occurred before 1st April 2004, sections 2A and 6(5) shall have effect as if those amendments had not been brought into force.

Transitional provision in relation to the National Health Service (Injury Benefits) Regulations 199590.

Notwithstanding the amendments made to the National Health Service (Injury Benefits) Regulations 1995 by paragraph 13 of Schedule 1, those regulations shall, in relation to any employment before 1st April 2004, continue to apply as if those amendments had not been made.

Transitory modification of section 18 of the 1990 Act91.

For as long as default contracts entered into pursuant to section 176(3) of the 2003 Act (general medical services: transitional) exist, section 18 of the 1990 Act77 (indicative amounts for doctors' practices) shall be read as if—

(a)

the reference in subsection (3)(a) to a contract under section 28Q of the Act included a reference to a default contract entered into pursuant to section 176(3) of the 2003 Act; and

(b)

after subsection (3), there were inserted—

“(3A)

Where, in the same financial year, a practice enters into—

(a)

a contract pursuant to section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003; and

(b)

a contract with the same Local Health Board under section 28Q of the Act which takes effect immediately after the contract referred to in paragraph (a) ceases to have effect,

that practice will, for that financial year, count as a single practice for the purposes of this section.”.

Modification of section 115 of the Police Act 199792.

(1)

Until the coming into force of paragraph 4(4) of Schedule 35 to the Criminal Justice Act 200378, section 115 of the Police Act 199779 shall be read as if—

(a)

in subsection (6C)—

(i)

the words “Part 2 of” were omitted, and

(ii)

for paragraph (a) there were substituted—

“(a)

medical practitioners performing primary medical services,”; and

(b)

in subsection (6E)—

(i)

in paragraph (a) the words “section 28DA of the National Health Service Act 1977 or” were omitted, and

(ii)

in paragraph (b), for “the 1977 Act” there were substituted “the National Health Service Act 1977”.

(2)

The modifications made by this article do not extend to Scotland or Northern Ireland.

Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 199493.

(1)

Until their revocation by virtue of article 31(5) of, and Part 2 of Schedule 10 to the 2003 Order, the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 are to have effect as if they were amended in accordance with this article.

(2)

In regulation 5 (acquired rights)80, for paragraph (4)(a), substitute—

“(a)

a person who has the acquired right specified in paragraph (1)(a), but only by virtue of the fact that he or she was a restricted services principal included in a list specified in that paragraph, is not entitled to be considered as suitably experienced within the meaning of section 31(2) of the National Health Service Act 1977 for the purposes of regulation 4(1), (2)(a) or (3)(a) of the National Health Service (General Medical Services Contracts) Regulations 200481 or regulation 4(1), (2)(a) or (3)(a) of the National Health Service (General Medical Services Contracts) (Wales) Regulations 200482; and”.

(3)

The modifications made by this article do not extend to Scotland or Northern Ireland.

Transitory modification of the National Health Service (Vocational Training for General Medical Practice) Regulations 199794.

(1)

Until their revocation by virtue of article 31(5) of, and Part 2 of Schedule 10 to the 2003 Order, the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 are to have effect as if they were amended in accordance with this article.

(2)

In regulation 2 (interpretation)—

(a)

in the definition of “General Practice (GP) Registrar”—

(i)

for sub-paragraph (a), there shall be substituted—

“(a)

means a medical practitioner who is being trained in general practice by a medical practitioner who has been approved for that purpose by the JCPTGP pursuant to regulation 7;”, and

(ii)

for sub-paragraph (d), there shall be substituted—

“(d)

includes a practitioner who is being trained in general practice by a practitioner who performs primary medical services in connection with an agreement for primary medical services made under section 28C of the Act;”;

(b)

in the definition of “medical list”, in both sub-paragraphs (a) and (b), insert after the word “list” the words “that was”;

(c)

in paragraph (2)—

(i)

in sub-paragraph (a) for the words “is (or if the context so requires was)” substitute “was”, and

(ii)

omit the full out text at the end.

(3)

Regulation 4 (experience and certificates required) shall be omitted.

(4)

In regulation 5 (exemptions), in paragraph (1) for sub-paragraph (d) substitute—

“(d)

if his or her name was, on 31st December 1994, included in a medical list for the provision of general medical services limited to—

(i)

child health surveillance services only,

(ii)

contraceptive services only,

(iii)

maternity medical services only,

(iv)

minor surgery services only, or

(v)

any combination of the services mentioned in paragraphs (i) to (iv);”.

Minor and consequential amendments95.

The enactments listed in Schedule 1 are amended as there specified.

Revocations96.

The enactments listed in Schedule 2 are revoked to the extent there specified.