The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out, for Wales, the framework for general medical services contracts under section 42 of the National Health Service Act 2006 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 44 of the Act, must be met by a contractor before the Local Health Board may enter into a general medical services contract with it.

Part 3 of the Regulations prescribes the procedure for pre-contract dispute resolution, in accordance with section 48(2) of the Act. Part 3 applies to cases where the contractor is not a health service body. In cases where the contractor is such a body, the procedure for dealing with pre-contract disputes is set out in section 7 of the Act.

Part 4 of the Regulations sets out the procedures, in accordance with section 48(3) of the Act, by which the contractor may obtain health service body status.

Part 5 of (and Schedules 1 to 4 to) the Regulations prescribe the terms which, in accordance with sections 47 and 48 of the Act, must be included in a general medical services contract (in addition to those contained in the Act). It includes, in regulation 17, a description of the services which must be provided to patients under general medical services contracts pursuant to section 43 of the Act.

The prescribed terms include terms relating to—

(a) the type and duration of the contract (regulations 14 to 16);

(b) the services to be provided (regulations 17 and 18 and Schedule 2) and the manner in which they are to be provided (Schedule 3);

(c) the issuing of medical certificates (regulation 19 and Schedule 1);

(d) finance, fees and charges (regulations 20 to 22);

(e) patient registration and removal, lists closures and assignments (Schedule 3, Parts 2 to 4);

(f) prescribing and dispensing (Schedule 3, Part 5);

(g) the conditions to be met by those who perform services or are employed or engaged by the contractor (Schedule 3, Part 6);

(h) sub-contracting (Schedule 3, Part 7);

(i) patient records, the provision of information and rights of entry (Schedule 3, Part 8 and Schedule 4);

(j) concerns, complaints and investigations (Schedule 3, Part 9);

(k) procedures for dispute resolution (Schedule 3, Part 10);

(l) procedures for variation and termination of contracts (Schedule 3, Part 11).

Part 6 of the Regulations prescribes functions for Local Medical Committees.

Part 7 of the Regulations and Schedules 5 to 6 make transitional provisions and provision for saving, consequential amendments and revocations.