The General Medical Services Transitional and Consequential Provisions (No. 1) (Northern Ireland) Order 2004

• (d) in the case of a default contract, contains a condition to the effect that any payment that has been made under paragraph (1) that could have been made as a payment under the default contract, had the contractor entered into the default contract on or before 31st March 2004, shall be treated as a payment under the default contract, and accordingly any condition attached to such a payment by virtue of this Order is attached to that payment.

Claims under the Statement of Fees and Allowances

42

• (1) Notwithstanding the repeal of the 1997 Regulations, claims may still be made for payments under the Statement of Fees and Allowances by any person who may be entitled to such a payment, provided that the claim is made within any period stipulated in the Statement of Fees and Allowances as being the period during which a claim for the payment is to be made.

• (2) If a claim is made outside that stipulated period, the Board may extend that period for up to six years from the date on which the circumstances which gave rise to the claim first arose.

• (3) If the Board refuses the claim, or considers that the amount to be paid out in respect of the claim is significantly lower than the amount claimed, the arrangements for appeals set out in paragraph 80 of the Statement of Fees and Allowances are to apply.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 29th March 2004.

Dr. J. F. Livingstone — Senior Officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations.)

This Order sets out transitional arrangements to cover the replacement of arrangements for general medical services under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 with general medical services contracts under Article 57 of that Order (as inserted by Article 4 of the Primary Medical Services (Northern Ireland) Order 2004 (“the Order”).

Part 2 of this Order sets out the circumstances in which those currently providing general medical services will be entitled to enter into a general medical services contract and, if they are unable to enter into such a contract on or before 31st March 2004, a default contract under Article 5(3) of the Order. It also sets out the arrangements for medical practitioners who are suspended, unable to provide services under a contract on grounds of physical or mental ill-health or performing relevant service. Articles 4, 11 and 13 provide a right of appeal to the Department where a Board refuses to enter into a general medical services or a default contract because it is not satisfied that the criteria relating to suspended or unfit medical practitioners are met or where the Board has failed to enter into a general medical services contract by the time a person’s entitlement to such a contract expires.

Part 3 provides for the continuation of arrangements by the Board to provide primary medical services to the patients of medical practitioners who are suspended or unable to perform services on the grounds of physical or mental ill-health.

Articles 16 to 25 specify the services which must be provided in default contracts and certain types of general medical services contracts. Articles 26 and 27 prescribe the premises which must be specified in default and general medical services contracts entered into on or before 31st March 2004 and the practice area which must be specified in default contracts. Articles 28 to 32 specify who must be included in the list of patients for default contracts and certain types of general medical services contracts and whether that list must be open or closed to applications from patients. Article 33 deals with the procedure for dispute resolution in default contracts. Article 34 provides for certain types of general medical services contracts to be capable of termination on the basis of a dismissal from employment which occurred between 31st March 2004 and the commencement of the general medical services contract.

Part 5 sets out the financial arrangements for default contracts, for general medical services contracts which follow default contracts and for persons unable to enter into default contracts.

Footnotes

[^f00001]: See S.I. 1999/283 (N.I. 1) Article 3(6)

[^f00002]: S.I 2004/311 (N.I. 2)

[^f00003]: S.I. 1972/1265 (N.I.14)

[^f00004]: 1983 c. 54.

[^f00005]: S.I. 1991/194 (N.I. 1)

[^f00006]: S.R. 1997 No. 380.

[^f00007]: S.R. 2004 No. 140

[^f00008]: S.R. 1998 No. 412

[^f00009]: Article 57 was inserted by Article 4 of S.I. 2004/311 (N.I. 2)

[^f00010]: Article 55 was replaced by section 42 of the Health and Personal Social Services Act (Northern Ireland) 2001 and was repealed, in relation to Local Medical Committees, by paragraph 7 of Schedule 1 to the Order

[^f00011]: Article 55B was inserted by paragraph 9 of Schedule 1 to the Order

[^f00012]: Section 2 was amended by S.I. 1996/1591 and 2002/3135

[^f00013]: Article 57G was inserted by Article 4 of the Order

[^f00014]: Regulation 8 was amended by S.R. 1999 No. 100

[^f00015]: Article 56 was amended by S.I. 1991/194 (N.I. 1) and S.I. 1997/1177(N.I. 7)

[^f00016]: Regulation 4(1)(a) was amended by S.R. 1999 No. 100

[^f00017]: Regulation 18 was amended by S.R. 1999 No. 100

[^f00018]: Section 36A was inserted by the Medical (Professional Performance) Act 1995 (c. 51), section 1 and amended by S.I. 2000/1803; section 38(1) was amended by paragraph 7 of the Schedule to that Act; paragraph 5A was inserted by paragraph 20 of the Schedule to that Act. All three provisions are prospectively substituted by S.I. 2002/3135

[^f00019]: Section 37 was amended by the Medical (Professional Performance) Act 1995 (c. 51), Schedule, paragraph 6(2) to (4). It is prospectively substituted by S.I. 2002/3135

[^f00020]: Section 41A was inserted by S.I. 2000/1803. It is prospectively substituted by S.I. 2002/3135

[^f00021]: S.I. 2002/3135. This Order substitutes the sections referred to in Article 3(5)

[^f00022]: Regulation 12 was amended by S.R. 1999 No. 100

[^f00023]: The Default Contract 2004 is published by the Department of Health, Social Services and Public Safety. It is available on the Department’s website at www.dhsspsni.gov.uk/hss/gpcontracts or a copy can be obtained by writing to the Department of Health, Social Services and Public Safety, Room D 3.21, Castle Buildings, Stormont Estate, Belfast BT4 3SQ

[^f00024]: Regulation 24(2) was amended by S.R. 1999 No. 100

[^f00025]: Paragraph 8(3) was amended by S.R. 1999 No. 100

[^f00026]: Paragraph 20(2) was amended by S.R. 1999 No. 100

[^f00027]: Article 56 was amended by S.I. 1991/194 (N.I. 1) and S.I. 1997/1177(N.I. 7)

[^f00028]: Regulation 28 was amended by S.R. 1999 No. 100

[^f00029]: Regulation 34 was amended by S.R. 1999 No. 100

[^f00030]: Regulation 18 was amended by S.R. 1999 No. 100

[^f00031]: Regulation 4 was amended by S.R. 1999 No. 100

[^f00032]: Regulation 24(2) was amended by S.R. 1999 No. 100

[^f00033]: Article 17 was amended by S.I. 1995/755 (N.I. 2) and S.I. 1997/1177(N.I. 7)

[^f00034]: Regulation 37 was amended by S.R. 1998 No. 9 and S.R.2001 No. 2181

[^f00035]: Article 57C was inserted by Article 4 of the Order

Editorial notes

[^key-acc69797d831879a7aa6a99fefdd51bd]: Art. 1 in operation at 29.3.2004, see art. 1(1)

[^key-b75d5e9b0d70eb1cca93ecd05d9ac588]: Art. 2 in operation at 29.3.2004, see art. 1(1)

[^key-50c0e6db5199582d9864aeb42c857eeb]: Art. 3 in operation at 29.3.2004, see art. 1(1)

[^key-7e3aa5252df5ecc295b76015a57facde]: Art. 4 in operation at 29.3.2004, see art. 1(1)

[^key-2266e032843bd2d64b4ba320a7f1c393]: Art. 5 in operation at 29.3.2004, see art. 1(1)

[^key-c16d6198b9f402ce4d9f8eb02a7d2a56]: Art. 6 in operation at 29.3.2004, see art. 1(1)

[^key-33974276d73de991164a5c099b5a2332]: Art. 7 in operation at 29.3.2004, see art. 1(1)

[^key-52ca6337bad15199c3f6f2a42cf8e4cd]: Art. 8 in operation at 29.3.2004, see art. 1(1)

[^key-5129686b8f3f7b04521bcdb01ee52259]: Art. 9 in operation at 29.3.2004, see art. 1(1)

[^key-dd856ee769419c7cf535498253fd9ebb]: Art. 10 in operation at 29.3.2004, see art. 1(1)

[^key-e2a2b92221d01946c674593b87c7bc2d]: Art. 11 in operation at 29.3.2004, see art. 1(1)

[^key-acd39bb753dfae4f7670a5da03618df2]: Art. 12 in operation at 29.3.2004, see art. 1(1)

[^key-d1e3b20a6a241aca47850b29f7b68225]: Art. 13 in operation at 29.3.2004, see art. 1(1)

[^key-e0480b168ee0f641a25832d70fadea04]: Art. 14 in operation at 29.3.2004, see art. 1(1)

[^key-675f98f020d4258b1e7786e2b7dcfd4f]: Art. 15 in operation at 29.3.2004, see art. 1(1)

[^key-73d47e6c8f299cfa4444aedc3bc4aa25]: Art. 16 in operation at 29.3.2004, see art. 1(1)

[^key-9831842d684270d739adea9c15b8da5b]: Art. 17 in operation at 29.3.2004, see art. 1(1)

[^key-e427a87a1977fb81959b889ddc05f858]: Art. 18 in operation at 29.3.2004, see art. 1(1)

[^key-87ad0c93d30a865f3271cb1315a7999c]: Art. 19 in operation at 29.3.2004, see art. 1(1)

[^key-92b5ae3c0bb84b45e79509a936018a6d]: Art. 20 in operation at 29.3.2004, see art. 1(1)

[^key-534a4ef257d7e5fbca4710bc2b41f442]: Art. 21 in operation at 29.3.2004, see art. 1(1)

[^key-977a35a059d33ab32fd2bba58d90300e]: Art. 22 in operation at 29.3.2004, see art. 1(1)

[^key-f12963d31c21581ac4f8643746c2581a]: Art. 23 in operation at 29.3.2004, see art. 1(1)

[^key-35a76f6dc03a36af75e2fec850616171]: Art. 24 in operation at 29.3.2004, see art. 1(1)

[^key-b6e4aa7de009e74ce591248a433e4273]: Art. 25 in operation at 29.3.2004, see art. 1(1)

[^key-44574580658298d1b4320b71bba4a45f]: Art. 26 in operation at 29.3.2004, see art. 1(1)

[^key-94841bacb138b32054823473c9e7a7c6]: Art. 27 in operation at 29.3.2004, see art. 1(1)

[^key-0b785ea39df99050957a2d85d362229f]: Art. 28 in operation at 29.3.2004, see art. 1(1)

[^key-dafbeddb905431fa9ae595f9fda87d53]: Art. 29 in operation at 29.3.2004, see art. 1(1)

[^key-928851dd26dbfc2ceb6bb81413931662]: Art. 30 in operation at 29.3.2004, see art. 1(1)

[^key-c6e545d0eaa02b81344984e4617b7155]: Art. 31 in operation at 29.3.2004, see art. 1(1)

[^key-5194ecc34bad3e0b49d60b5802ce91cc]: Art. 32 in operation at 29.3.2004, see art. 1(1)

[^key-9c619a29196d2c3c980b1b01dc377fbb]: Art. 33 in operation at 29.3.2004, see art. 1(1)

[^key-3d1df2887d09ad99dfe06fedc7d24e48]: Art. 34 in operation at 29.3.2004, see art. 1(1)

[^key-e4e5d719a5c6ca621307c4c3ed3cf245]: Art. 35 in operation at 29.3.2004, see art. 1(1)

[^key-a1d33d62e21268b0c43a29ee07846516]: Art. 36 in operation at 29.3.2004, see art. 1(1)

[^key-9cd72a754acd129ddd37ca6c02108096]: Art. 37 in operation at 29.3.2004, see art. 1(1)

[^key-293024b5a14b8b103223cedb937961c2]: Art. 38 in operation at 29.3.2004, see art. 1(1)

[^key-cd052d06b851a68c9ea153d3f095417f]: Art. 39 in operation at 29.3.2004, see art. 1(1)

[^key-e03758d4f1e2982380457d8e4e128bdd]: Art. 40 in operation at 29.3.2004, see art. 1(1)

[^key-28d8646a79171c9d02738d140003293b]: Art. 41 in operation at 29.3.2004, see art. 1(1)

[^key-4ced5e7ca5b3098f42c400746ffcb461]: Art. 42 in operation at 29.3.2004, see art. 1(1)