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

In forceThis text since 22 Mar 2004law://uk/uksi/2004/865@2026-11-12

Contents

1,259 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

Key facts

Type: Statutory instrument · UKSI 2004/865
Made by: UK Government (statutory instrument)
Extent: England, Wales, Scotland and Northern Ireland

History · 1 version

22 Mar 2004Reading

Connections

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Amended by 6: The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010; The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006; The Special Health Authorities Abolition Order 2006; The General Medical Services and Personal Medical Services Transitional and Consequential Provisions (Amendment) Order 2005; The National Health Service (Primary Medical Services) (Miscellaneous Amendments) (No. 2) Regulations 2005; The NHS Professionals Special Health Authority (Abolition) Order 2010
Amends 25: Employment Rights Act 1996; The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002; The Counter Fraud and Security Management Service Regulations 2002; The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002; The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002; The Fostering Services Regulations 2002; The Private and Voluntary Health Care (England) Regulations 2001; The Children’s Homes Regulations 2001; The Care Homes Regulations 2001; The Family Health Services Appeal Authority (Procedure) Rules 2001; The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000; The Health Service Medicines (Control of Pricesof Branded Medicines) Regulations 2000; The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000; The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (revoked); The General Medical Services Transitional and Consequential Provisions Order 2004; The National Health Service (General Medical Services Contracts) Regulations 2004; The Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004; The Commission for Healthcare Audit and Inspection (Membership) Regulations 2003; The Commission for Social Care Inspection (Membership) Regulations 2003; The NHS Professionals Special Health Authority Regulations 2003; The NHSU Regulations 2003; The Patients' Forums (Functions) Regulations 2003; The Patients' Forums (Membership and Procedure) Regulations 2003; The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003; The National Health Service (Out of Hours Provision of Personal Medical Services and Miscellaneous Amendments) (England) Regulations 2003
Repealed by 7: The Transfer of Tribunal Functions Order 2010; The National Health Service (General Medical Services Contracts) Regulations 2015; The National Health Service (Charges for Drugs and Appliances) Regulations 2015; The National Health Service (Pharmaceutical Services) Regulations 2012 (revoked); The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010; The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010; The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2004
Repeals 25: The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002; The National Health Service (General Medical Services) Amendment (No. 3) Regulations 2000; The National Health Service (General Medical Services) Amendment Regulations 2001; The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 2000; The National Health Service (General Medical Services) Amendment (No. 4) Regulations 2000; The National Health Service (General Medical Services etc.) (Patients' Forums) Amendment Regulations 2003; The National Health Service (Improved Access, Quality Information Preparation and Violent Patients Schemes) (England) Regulations 2003; The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2003; The National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003; The National Health Service (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) (England) Regulations 2003; The National Health Service (Out of Hours Provision of Personal Medical Services and Miscellaneous Amendments) (England) Regulations 2003; The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002; The National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002; The Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002; The National Health Service (General Medical Services) Amendment (No. 3) Regulations 2002; The Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002; The National Health Service (General Medical Services) Amendment Regulations 2002; The National Health Service (Pharmaceutical Services) and (General Medical Services) (No. 2) Amendment Regulations 2002; The National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002; The National Health Service (England) (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Amendment Regulations 2002; The Family Health Services Appeal Authority (Primary Care Act) Regulations 2001; The National Health Service (General Medical Services) Amendment (No. 4) Regulations 2001; The National Health Service (General Medical Services) Amendment (No.3) Regulations 2001; The National Health Service (General Medical Services) (Electronic Communications) Order 2001; The National Health Service (General Medical Services) Amendment (No. 2) Regulations 2001
Applies 1: The National Health Service (General Medical Services Contracts) Regulations 2004

Defined terms · 78

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a pooled list
means a list of persons who have been accepted by a contractor for the provision of personal medical services under a transitional agreement, and whose names are not included in a medical practitioner’s list.
accredited service provider
has the same meaning as in the Out of Hours Regulations;
additional services
has the same meaning as in the 2004 Regulations;
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 to the 2004 Regulations.
agreement
means, unless the context otherwise requires, an agreement for primary medical services made under section 28C of the 1977 Act;
appropriate Primary Care Trust
has the same meaning as in the Service Committees Regulations;
assistant practitioner
means— (a) a person on the medical performers list who is employed (other than by a Primary Care Trust or a Local Health Board) to perform primary medical services under a GMS contract, a default contract or a PMS agreement;
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 to the GMS Contract Regulations, and which— (a) is generated by a computer and not signed by a prescriber;
contracting PCT
means a Primary Care Trust that has entered into a default contract or a general medical services contract (as the case may be) with— (a) a doctor who is the subject of the allegation, (b) a partnership, where a doctor who is the subject of the allegation is a partner, (c) a limited company, where a doctor who is the subject of the allegation is a legal and beneficial shareholder of shares in that company;
contractor
means— (a) where a Primary Care Trust is not providing services under a transitional agreement, a person, other than the Primary Care Trust, who is a party to a transitional agreement, or (b) where a Primary Care Trust is providing services under a transitional agreement, that Primary Care Trust;
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;
default contract
means a contract under article 13 of the Transitional Order and “default contractor” shall, except in Part 3, where it has the meaning given in article 43(3), be construed accordingly;
default contractor
means a person (or persons) who holds (or hold) a default contract with a Primary Care Trust and who has (or have) entered into a general medical services contract with that Primary Care Trust which takes effect immediately after the default contract ceases to have effect and “default contract” shall be interpreted accordingly;
deputy
has the meaning given in paragraph 1 of Schedule 2 to the 1992 Regulations;
dispensing services
has the same meaning as in regulation 2(1) of the 2004 Regulations.
doctor
has the same meaning as in the Service Committees Regulations;
essential services
means the services described in regulation 15(3), (5), (6) and (8) of the 2004 Regulations;
existing service provider
means a relevant service provider with which— (a) a general medical services contractor or a default contractor has an out of hours arrangement which has been approved in accordance with the term of its general medical services contract which gives effect to paragraph 2 of Schedule 7 to the GMS Contract Regulations (or in accordance with the equivalent term of its default contract) or which is deemed to have been so approved pursuant to article 44(1)(a), 76, 79 or 86 of the Transitional Order, or (b) a PMS contractor has an out of hours arrangement which has been approved in accordance with the term of its agreement which gives effect to paragraph 2 of Schedule 6
family health service practitioner
means a person who— (a) provides or performs primary medical services under Part 1 of the Act;
FHSAA
means the Family Health Services Appeal Authority constituted under section 49S of the 1977 Act;
financial year
means the twelve months ending with 31st March.
general medical services contract
means a contract under section 28Q of the 1977 Act and “general medical services contractor” shall, except in Part 3, where it has the meaning given in article 43(3), be construed accordingly;
general medical services contractor
means a person who holds a contract under section 28Q of the 1977 Act;
general practitioner
means a person who— (a) provides primary medical services pursuant to Part I of the National Health Service Act 1977;
health care professional
has the same meaning as in section 28M of the 1977 Act.
list of patients
means— (a) in relation to a person providing general medical services under section 29 of the 1977 Act, the list of patients of a medical practitioner prepared by the Primary Care Trust under regulation 19 of the 1992 Regulations;
lists
means— (a) a list referred to in section 49N(1)(a) to (c) of the Act;
Local Medical Committee
means— (a) until 1st April 2004, a committee recognised under section 44 of the 1977 Act;
medical card
has the same meaning as in regulation 2(1) of the 2004 Regulations.
medical list
means the list of medical practitioners undertaking to provide general medical services for persons in its area kept by a Primary Care Trust under regulations made under section 29(2)(a) of the 1977 Act;
medical officer
means a medical practitioner who is—
medical performers list
means a list prepared by a Primary Care Trust pursuant to regulation 3(1) of the National Health Service (Performers Lists) Regulations 2004;”
organisation providing deputy doctors
has the same meaning as in paragraph 21A(1) of that Schedule.
out of hours arrangement
means— (a) in relation to the period before 1st April 2004, an arrangement under— (a) paragraph 18A(2) of Schedule 2 to the 1992 Regulations, or (ii) regulation 3 of the PMS Out of Hours Regulations;
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;
Performers Lists Regulations
means the National Health Service (Performers Lists) Regulations 2004;
personal medical services
means medical services of a kind that could have been provided by a general medical practitioner in accordance with arrangements made under Part 2 of the 1977 Act prior to 1st April 2004;
personal medical services agreement
means an agreement made under section 28C of the 1977 Act;
Personal Medical Services Agreements Regulations
means the National Health Service (Personal Medical Services Agreements) Regulations 2004;
pilot scheme
means an agreement made under Part 1 of the National Health Service (Primary Care) Act 1997;
pilot scheme agreement
means an agreement which constitutes or agreements which together constitute a pilot scheme under Part 1 of the 1997 Act under which personal medical services are provided;
pilot scheme provider
means a person who is providing services under a pilot scheme;
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);
prescriber
means a doctor, an independent nurse prescriber and a supplementary prescriber;”
primary care list
means— (a) a list referred to in section 49N(1)(a) to (c) of the Act;
professional committee
has the same meaning as in regulation 15.
registered patient
means— (a) a person who is recorded by the Primary Care Trust as being on the list of patients of a default contractor or a general medical services contractor, or (b) a person whom a default contractor or a general medical services 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 body
means— (a) where a contractor is a party to a transitional agreement with a Primary Care Trust, that Primary Care Trust, and (b) where a contractor is a party to a transitional agreement with a Strategic Health Authority, that Strategic Health Authority;
relevant contractor
means a party to a general medical services contract or default contract with a contracting PCT, where that contractor is— (a) a doctor who is the subject of the allegation, (b) a partnership, where a doctor who is or was the subject of the allegation is a partner in that partnership, (c) a limited company, where a doctor who is or was the subject of the allegation is a legal and beneficial shareholder of shares in that company;
relevant date
means 1st April 2004.
relevant medical practitioner
means a medical practitioner who— (a) on 31st March 2004, or on the date on which a default contract or a general medical services contract is entered into, if earlier, is providing services under section 29 of the 1977 Act;
remedial notice
means, in relation to a notice issued before 1st April 2004, a notice issued under paragraph 21A(7) of Schedule 2 to the 1992 Regulations and, in relation to a notice issued after that date, a notice served under the term of the general medical services contract which gives effect to paragraph 115(1) of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract).
repeatable prescriber
means a prescriber who is— (a) a GMS contractor who provides repeatable prescribing services under the terms of its contract which give effect to paragraph 40 of Schedule 6 to the GMS Regulations;
repeatable prescription
means a prescription contained in a form provided by a Primary Care Trust and issued by a repeatable 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 to the GMS Contract Regulations, and which— (a) is generated by a computer but signed by a repeatable prescriber;
restricted services principal
means— (a) in England and Wales, a general practitioner who had, pursuant to the National Health Service (General Medical Services) Regulations 1992 (before their repeal), undertaken to provide general medical services limited to— (a) child health surveillance services, (ii) contraceptive services, (iii) maternity medical services, or (iv) minor surgery services, or any combination of the above;
service provider
means the person or persons providing or proposing to provide out of hours services on behalf of a general medical services contractor, a default contractor or a PMS contractor;
Statement of Fees and Allowances
means the statement determined and published by the Secretary of State under regulation 34 of the 1992 Regulations, as that statement had effect on 31st March 2004.
succeeding contractor
means the default contractor which is a party to the default contract or the general medical services contractor which is a party to the general medical services contract which— (a) a relevant medical practitioner has entered into either as an individual medical practitioner or as one of two or more individuals practising in partnership;
temporary resident
means a person accepted by a general medical services contractor or a default contractor as a temporary resident under the term of its general medical services contract which gives effect to paragraph 16 of Schedule 6 to the 2004 Regulations (or under the equivalent term of its default contract) and for whom the contractor’s responsibility has not been terminated in accordance with the terms of the general medical services contract or default contract;
the 1990 Act
means the National Health Service and Community Care Act 1990;
the 1992 Regulations
means the National Health Service (General Medical Services) Regulations 1992;
the 1997 Act
means the National Health Service (Primary Care) Act 1997;
the 2003 Act
means the Health and Social Care (Community Health and Standards) Act 2003;
the 2003 Order
means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003;
the 2004 Regulations
means the National Health Service (General Medical Services Contracts) Regulations 2004;
the CFSMS
means the Counter Fraud and Security Management Service established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002;
the Choice Regulations
means the National Health Service (Choice of Medical Practitioner) Regulations 1998;
the GMS Contract Regulations
means the National Health Service (General Medical Services Contracts) Regulations 2004;
the Implementation Directions
means the Primary Care Trusts and Strategic Health Authorities Implementation of Pilot Schemes (Personal Medical Services) Directions 2003 dated 10th November 2003;
the NHS dispute resolution procedure
means the procedure for resolution of disputes specified in paragraphs 95 and 96 of Schedule 5 to the Personal Medical Services Agreements Regulations;
the Performers List PCT
means the Primary Care Trust in whose medical performers list the doctor’s name appears on 1st April 2004;
the Personal Medical Services Agreements Regulations
means the National Health Service (Personal Medical Services Agreements) Regulations 2004;
the relevant Primary Care Trust
means, in relation to a person providing primary medical services under Part 1 of the Act— (a) where the Primary Care Trust is a party to a general medical services contract, a default contract or contractual arrangements under section 16CC(2)(b) of the Act with that person, that Primary Care Trust;
the Service Committees Regulations
means the National Health Service (Service Committees and Tribunal) Regulations 1992;
the Transitional Order
means the General Medical Services Transitional and Consequential Provisions Order 2004.
transitional agreement
has the meaning given in article 1(4) of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004;”