The National Health Service (Personal Medical Services Agreements) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/627 |
| Year | 2004 |
2004 No. 627
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (Personal Medical Services Agreements) Regulations 2004
Made 8th March 2004
Laid before Parliament 11th March 2004
Coming into force 1st April 2004
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 28D, 28E and 126(4) of the National Health Service Act 19771, section 4(5) of the National Health Service and Community Care Act 19902and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART 1
GENERAL
Citation, commencement and application
1.—(1) These Regulations may be cited as the National Health Service (Personal Medical Services Agreements) Regulations 2004 and shall come into force on 1st April 2004.
(2) These Regulations apply in relation to England only3.
Interpretation
2. In these Regulations—
“the Act” means the National Health Service Act 1977;
“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 20034;
“Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20015;
“Abolition of the Tribunal (Wales) Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20026;
“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 95(5) of Schedule 5;
“agreement” means, except where the context otherwise requires, an agreement for primary medical services made under section 28C of the Act;
“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;
“approved medical practice” shall be construed in accordance with section 11(4) of the Medical Act 19837;
“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 agreement in question) appointed to exercise functions under paragraphs 30 and 34 of Schedule 5;
“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 19718;
“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;
“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 19689, 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;
“closed”, in relation to the contractor’s list of patients, means closed to applications for inclusion in the list of patients other than from immediate family members of registered patients;
“contractor” means, except where the context otherwise requires—
(a) where a Primary Care Trust is not providing services under the agreement, a person or persons other than a Primary Care Trust, who is a party, or are parties, to the agreement, or
(b) where a Primary Care Trust is providing services under the agreement, that Primary Care Trust and any other person or persons (other than a Strategic Health Authority) who is a party, or are parties, to the agreement;
“contractor’s leaflet” means a leaflet drawn up in accordance with paragraph 72 of Schedule 5;
“contractor’s list of patients” means the list prepared and maintained by the Primary Care Trust under paragraph 13 of Schedule 5 and references to the contractor having a list of patients shall be interpreted accordingly;
“contractor’s practice area” means the area specified in the agreement as the area in which essential services are to be provided;
“contractor’s premises” means an address specified in the agreement as one at which services are to be provided under the agreement;
“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;
“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;
“essential services” means the services described in regulation 15(3), (5), (6) and (8) of the General Medical Services Contracts Regulations;
“FHSAA” means the Family Health Service Appeal Authority constituted under section 49S of the Act10;
“FHSAA (SHA)” means the Family Health Services Appeal Authority (Special Health Authority) established by article 2 of the Family Health Services Appeal Authority (Establishment and Constitution) Order 199511;
“general medical practitioner” means, except where the context otherwise requires—
(a) on or after the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the General Practitioner Register, and
(b) before the coming into force of that article, a medical practitioner who is either—
(i) 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 197812or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 197813, or has an acquired right to practise as a general medical practitioner pursuant to regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 199414, 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;
“General Medical Services Contracts Regulations” means the National Health Services (General Medical Services Contracts) Regulations 200415;
“General Practitioner Register” means the register kept by the General Medical Council under article 10 of the 2003 Order;
“GP Registrar”—
(a) until the coming into force of article 5 of the 2003 Order, means a medical practitioner who is being trained in general practice by a medical practitioner who—
(i) has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 199716, and
(ii) performs primary medical services, and
(b) from the coming into force of that article, means a medical practitioner who is being trained in general practice by a GP Trainer whether as part of training leading to the award of a CCT or otherwise;
“GP Trainer” means a general medical practitioner who is—
(a) until the coming into force of article 4(5)(d) of the 2003 Order, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997, or
(b) from the coming into force of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i);
“Health and Social Services Board” means a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 197217;
“Health and Social Services Trust” means a Health and Social Services Trust established under the Health and Personal Social Services (Northern Ireland) Order 199118;
“Health Board” means a Health Board established under the National Health Service (Scotland) Act 1978;
“health care professional” has the same meaning as in section 28M of the Act (persons eligible to enter into GDS contracts)19and “health care profession” shall be construed accordingly;
“health service body” has, unless the context otherwise requires, the meaning given to it in section 4(2) of the 1990 Act20;
“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...
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