- Abolition of the Tribunal (Wales) Regulations
means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002;
- Abolition of the Tribunal Regulations
means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001;
- accredited service provider
has the meaning given to it by regulation 2 of the Out of Hours Regulations;
- additional services
means one or more of— (a) cervical screening services, (b) contraceptive services, (c) vaccinations and immunisations, (d) childhood vaccinations and immunisations, (e) child health surveillance services, (f) maternity medical services, and (g) minor surgery;
- adjudicator
means the Secretary of State or a person or persons appointed by the Secretary of State under section 4(5) of the 1990 Act or paragraph 101(5) of Schedule 6;
- antenatal period
means the period from the start of the pregnancy to the onset of labour;
- any dispute arising out of or in connection with the contract
includes any dispute arising out of or in connection with the termination of the contract.
- appliance
means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the Act;
- armed forces GP
means a medical practitioner who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the United Kingdom Armed Forces of Her Majesty.
- assessment panel
means a committee or sub-committee of a Primary Care Trust (other than the Primary Care Trust which is a party to the contract in question) appointed to exercise functions under paragraphs 31 and 35 of Schedule 6;
- bank holiday
means any day that is specified or proclaimed as a bank holiday pursuant to section 1 of the Banking and Financial Dealings Act 1971;
- batch issue
means a form provided by a Primary Care Trust and issued by a prescriber at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services which is in the format specified in Part 2 of Schedule 1, and which— (a) is generated by a computer and not signed by a prescriber, (b) relates to a particular repeatable prescription and contains the same dates as that prescription, (c) is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs, medicines or appliances ordered on the repeatable prescription may be provided, and (d) specifies a number denoting its place in the sequence referred to in paragraph (c);
- CCT
means Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;
- cervical screening services
means the services described in paragraph 2(2) of Schedule 2;
- charity trustee
means one of the persons having the general control and management of the administration of a charity;
- chemist
means— (a) a registered pharmacist, (b) a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968, or (c) a supplier of appliances, who is included in the list of a Primary Care Trust or a Local Health Board under section 42 of the Act, or who provides local pharmaceutical services in accordance with LPS arrangements;
- child
means a person who has not attained the age of 16 years;
- child health surveillance services
means the services described in paragraph 6(2) of Schedule 2;
- childhood vaccinations and immunisations
means the services described in paragraph 5(2) of Schedule 2;
- clinical management plan
means a written plan (which may be amended from time to time) relating to the treatment of an individual patient agreed by—
- computerised records
means records created by way of entries on a computer.
- contraceptive services
means the services described in paragraph 3(2) of Schedule 2;
- contract
means, except where the context otherwise requires, a general medical services contract under section 28Q of the Act;
- contract sanction
means—
- core hours
means the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;
- disease
means a disease included in the list of three-character categories contained in the tenth revision of the International Statistical Classification of Diseases and Related Health Problems;
- dispensing services
means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a medical practitioner in accordance with arrangements made under regulation 20 of the Pharmaceutical Regulations;
- Drug Tariff
has the same meaning as in regulation 18 of the Pharmaceutical Regulations;
- emergency
includes any medical emergency whether or not related to services provided under the contract.
- essential services
means the services required to be provided in accordance with regulation 15;
- exempt contractor
means a contractor who is exempt from providing out of hours services pursuant to regulation 30(1)(b).
- FHSAA
means the Family Health Services Appeal Authority constituted under section 49S of the Act;
- general medical practitioner
means— (a) from the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the General Practitioner Register otherwise than by virtue of paragraph 1(d) of Schedule 6 to that Order, and (b) until the coming into force of that article, a medical practitioner who is either— (a) until the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, suitably experienced within the meaning of section 31(2) of the Act, section 21 of the National Health Service (Scotland) Act 1978 or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978, or (ii) upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, an eligible general practitioner pursuant to that paragraph other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to the 2003 Order;
- General Practitioner Register
means the register kept by the General Medical Council under article 10 of the 2003 Order;
- global sum
has the same meaning as in the GMS Statement of Financial Entitlements;
- Health and Social Services Board
means a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972;
- Health and Social Services Trust
means a Health and Social Services Trust established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991;
- Health Board
means a Health Board established under section 2 of the National Health Service (Scotland) Act 1978;
- health care professional
has the same meaning as in section 28M of the Act and “health care profession” shall be construed accordingly;
- immediate family member
means— (a) a spouse, (b) a person (whether or not of the opposite sex) whose relationship with the registered patient has the characteristics of the relationship between husband and wife, (c) a parent or step-parent, (d) a son, (e) a daughter, (f) a child of whom the registered patient is— (a) the guardian, or (ii) the carer duly authorised by the local authority to whose care the child has been committed under the Children Act 1989, or (g) a grandparent;
- independent nurse prescriber
means a person— (a) who is either engaged or employed by the contractor or is party to the contract, (b) who is registered in the Nursing and Midwifery Register, and (c) in respect of whom an annotation signifying that he is qualified to order drugs, medicines and appliances from— (a) the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff, or (ii) the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff, is also recorded in that register;
- insurance
means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;
- licensing body
means any body that licenses or regulates any profession;
- limited partnership
means a partnership registered in accordance with section 5 of the Limited Partnerships Act 1907;
- local authority
means— (a) any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 (local authorities), (b) the Council of the Isles of Scilly, or (c) a council constituted under section 2 of the Local Government etc, (Scotland) Act 1994 (constitution of councils).
- Local Medical Committee
means a committee recognised under section 45A of the Act;
- local pharmaceutical services
has the same meaning as in regulation 2 of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002;
- management
includes— (a) offering consultation and, where appropriate, physical examination for the purpose of identifying the need, if any, for treatment or further investigation;
- maternity medical services
means— (a) in relation to female patients (other than babies) all primary medical services relating to pregnancy, excluding intra partum care, and (b) in relation to babies, any primary medical services necessary in their first 14 days of life;
- medical card
means a card issued by a Primary Care Trust, Local Health Board, Health Authority, Health Board or Health and Social Services Board to a person for the purpose of enabling him to obtain, or establishing his title to receive, primary medical services;
- medical officer
means a medical practitioner who is— (a) employed or engaged by the Department for Work and Pensions, or (b) provided by an organisation in pursuance of a contract entered into with the Secretary of State for Work and Pensions;
- medical performers list
means a list of medical practitioners prepared in accordance with regulations made under section 28X of the Act;
- Medical Register
means the registers kept under section 2 of the Medical Act 1983;
- minor surgery
means the services described in paragraph 8(2) of Schedule 2;
- national disqualification
means— (a) a decision made by the FHSAA under section 49N of the Act, (b) a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act, or (c) a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;
- NCAA
means the National Clinical Assessment Authority established as a Special Health Authority under section 11 of the Act;
- normal hours
means those days and hours on which and the times at which services under the contract are normally made available and may be different for different services;
- Nursing and Midwifery Register
means the register maintained by the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001;
- opt out
means an out of hours opt out, a permanent opt out or a temporary opt out.
- opt out notice
means a notice given under sub-paragraph (5) to permanently opt out or temporarily opt out of the provision of the additional service;
- out of hours arrangement
means an arrangement under sub-paragraph (2);
- out of hours period
means— (a) the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8am on the following day, (b) the period between 6.30pm on Friday and 8am on the following Monday, and (c) Good Friday, Christmas Day and bank holidays, and “part” of an out of hours period means any part of any one or more of the periods described in paragraphs (a) to (c);
- Out of Hours Regulations
means the National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002;
- out of hours services
means services required to be provided in all or part of the out of hours period which— (a) would be essential services if provided in core hours, or (b) are included in the contract as additional services funded under the global sum;
- parent
includes, in relation to any child, any adult who, in the opinion of the contractor, is for the time being discharging in respect of that child the obligations normally attaching to a parent in respect of his child;
- patient
means— (a) a registered patient, (b) a temporary resident, (c) persons to whom the contractor is required to provide immediately necessary treatment under regulation 15(6) or (8) respectively, (d) any other person to whom the contractor has agreed to provide services under the contract, (e) any person for whom the contractor is responsible under regulation 31, and (f) any person for whom the contractor is responsible under arrangements made with another contractor in accordance with Schedule 7;
- permanent opt out notice
means an opt out notice to permanently opt out;
- Pharmaceutical Regulations
means the National Health Service (Pharmaceutical Services) Regulations 1992;
- pilot doctor
means a medical practitioner who performs personal medical services in connection with a pilot scheme.
- pilot scheme
means an agreement made under Part 1 of the National Health Service (Primary Care) Act 1997;
- postnatal period
means the period starting from the conclusion of delivery of the baby or the patient’s discharge from secondary care services, whichever is the later, and ending on the fourteenth day after the birth.
- practice
means the business operated by the contractor for the purpose of delivering services under the contract;
- practice area
means the area referred to in regulation 18(1)(d);
- practice leaflet
means a leaflet drawn up in accordance with paragraph 76 of Schedule 6;
- practice premises
means an address specified in the contract as one at which services are to be provided under the contract;
- preliminary opt out notice
means a notice given under sub-paragraph (2) that a contractor wishes to temporarily opt out or permanently opt out of the provision of an additional service;
- prescriber
means— (a) a medical practitioner, (b) an independent nurse prescriber, and (c) a supplementary prescriber, who is either engaged or employed by the contractor or is a party to the contract;
- prescription form
means a form provided by the Primary Care Trust and issued by a prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription;
- prescription only medicine
means a medicine referred to in article 3 of the POM Order (medicinal products on prescription only);
- primary care list
means— (a) a list of persons performing primary medical or dental services prepared in accordance with regulations made under section 28X of the Act, (b) a list of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared in accordance with regulations made under sections 29, 36, 39, 42 or 43 of the Act, (c) a list of persons approved for the purposes of assisting in the provision of any services mentioned in paragraph (b) prepared in accordance with regulations made under section 43D of the Act, (d) a services list referred to in section 8ZA of the National Health Service (Primary Care) Act 1997, (e) a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001, or (f) a list corresponding to any of the above lists in Scotland or Northern Ireland;
- Primary Care Trust
means, unless the context otherwise requires, the Primary Care Trust which is a party, or prospective party, to the contract;
- primary carer
means, in relation to an adult, the adult or organisation primarily caring for him;
- registered patient
means— (a) a person who is recorded by the Primary Care Trust as being on the contractor’s list of patients, or (b) a person whom the contractor has accepted for inclusion on its list of patients, whether or not notification of that acceptance has been received by the Primary Care Trust and who has not been notified by the Primary Care Trust as having ceased to be on that list;
- relevant register
means— (a) in relation to a nurse, the Nursing and Midwifery Register, and (b) in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976;
- relevant Strategic Health Authority
means the Strategic Health Authority established for an area which includes the area for which the Primary Care Trust is established;
- repeat dispensing services
means pharmaceutical services or local pharmaceutical services which involve the provision of drugs, medicines or appliances by a chemist in accordance with a repeatable prescription;
- repeatable prescribing services
means services which involve the prescribing of drugs, medicines or appliances on a repeatable prescription;
- repeatable prescription
means a prescription contained in a form provided by a Primary Care Trust and issued by a prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 1 and which— (a) is generated by a computer but signed by a prescriber, and (b) indicates that the drugs, medicines or appliances ordered on that form may be provided more than once and specifies the number of occasions on which they may be provided;
- restricted availability appliance
means an appliance which is approved for particular categories of persons or particular purposes only;
- Scheduled drug
means— (a) a drug, medicine or other substance specified in any directions given by the Secretary of State under section 28U of the Act as being a drug, medicine or other substance which may not be ordered for patients in the provision of medical services under the contract, or (b) except where the conditions in paragraph 42(2) of Schedule 6 are satisfied, a drug, medicine or other substance which is specified in any directions given by the Secretary of State under section 28U of the Act as being a drug, medicine or other substance which can only be ordered for specified patients and specified purposes;
- section 28C provider
means a person who is providing services under a pilot scheme or in accordance with section 28C arrangements;
- specified period
means such period as the Secretary of State shall specify in the request, being not less than 2, nor more than 4, weeks beginning with the date on which the notice referred to is given, but the Secretary of State may, if he considers that there is good reason for doing so, extend any such period (even after it has expired) and, where he does so, a reference in this paragraph to the specified period is to the period as so extended.
- supplementary prescriber
means a person— (a) who is either engaged or employed by the contractor or is a party to the contract, (b) whose name is registered in— (a) the Nursing and Midwifery Register, (ii) the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954, or (iii) the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976, and (c) against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
- system of clinical governance
means a framework through which the contractor endeavours continuously to improve the quality of its services and safeguard high standards of care by creating an environment in which clinical excellence can flourish.
- temporary opt out notice
means an opt out notice to temporarily opt out.
- temporary resident
means a person accepted by the contractor as a temporary resident under paragraph 16 of Schedule 6 and for whom the contractor’s responsibility has not been terminated in accordance with that paragraph;
- the 1990 Act
means the National Health Service and Community Care Act 1990;
- the 2003 Order
means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003;
- the Act
means the National Health Service Act 1977;
- the NHS dispute resolution procedure
means the procedure for resolution of disputes specified— (a) in paragraphs 101 and 102 of Schedule 6;
- the NHS Tribunal
means the Tribunal constituted under section 46 of the Act for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales only until 26th August 2002;
- the POM Order
means the Prescription Only Medicines (Human Use) Order 1997;
- the relevant area
means the area for which the Local Medical Committee is formed.
- transferee doctor
means a person referred to in sub-paragraph (5)(b) who has undertaken to carry out the obligations of a contractor during all or part of the out of hours period in accordance with an out of hours arrangement referred to in sub-paragraph (2).
- walk-in centre
means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by or on behalf of the Secretary of State;
- working day
means any day apart from Saturday, Sunday, Christmas Day, Good Friday or a bank holiday;