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The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004

Type Ni-Statutory-Rule

Publication 2004-03-31

Last updated 2007-11-09

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

(b) on or before 31st March 2004, the Board had commenced a review of its approval of that arrangement under paragraph 21 of Schedule 2 to the 1997 Regulations but had not yet made its determination,

that review shall continue as if it were a review under the term of the general medical services contract which gives effect to paragraph 4 of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract), subject to the modification that the 30 days referred to in the term giving effect to paragraph 4(2) of that Schedule (or in the equivalent term of the default contract) shall be treated as beginning with and including the day on which the Board sent its notice under paragraph 21(1) of Schedule 2 to the 1997 Regulations.

Review of approval of out of hours arrangements under general medical services contracts which follow default contracts

65

Where –

(a) an approval of an out of hours arrangement granted under a default contract is to be treated, pursuant to Article 42, as an approval granted under the term of a general medical services contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations; and

(b) on or before the date on which the default contract ceases to have effect, the Board has commenced a review of its approval of that arrangement under the term of the default contract which is equivalent to paragraph 4 of Schedule 6 to the 2004 Regulations but has not yet made its determination,

that review shall continue as if it were a review under the term of the general medical services contract which gives effect to paragraph 4 of Schedule 6 to the 2004 Regulations, subject to the modification that the 30 days referred to in the term giving effect to paragraph 4(2) of that Schedule shall be treated as beginning with the day on which the Board sent its notice under the equivalent term of the default contract.

Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

66

(1) Where –

(a) an approval of an out of hours arrangement granted under paragraph 20 of Schedule 2 to the 1997 Regulations is to be treated, pursuant to Article 62, as an approval granted under the term of a general medical services contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations (or under the equivalent term of a default contract); and

(b) on or before 31st March 2004, a Board had notified a medical practitioner of its withdrawal of approval of that arrangement under paragraph 21 of Schedule 2 to the 1997 Regulations but that withdrawal had not yet taken effect,

paragraphs (2) to (4) shall apply.

(2) In a case where, on 31st March 2004 –

(a) the time for appealing under paragraph 21(6) of Schedule 2 to the 1997 Regulations had expired without any appeal being made; or

(b) an appeal had been made under that paragraph but had been determined or withdrawn before the end of the period of two months beginning with and including the date on which the notice of withdrawal was sent by the Board under paragraph 21(4) of that Schedule,

the withdrawal shall take effect as a withdrawal of approval under the term of the general medical services contract which gives effect to paragraph 4 of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract) on the date on which it would have taken effect had paragraph 21(7) of Schedule 2 to the 1997 Regulations not been revoked.

(3) In a case where the time for appealing under paragraph 21(6) of Schedule 2 to the 1997 Regulations had not expired on or before 31st March 2004, the notice of determination of withdrawal shall be deemed to be a notice of determination of withdrawal of approval on notice under the term of the general medical services contract which gives effect to paragraph 4 of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract), subject to the modifications that –

(i) the 30 days referred to in the term of the general medical services contract giving effect to paragraph 4(8) (or in the equivalent term of the default contract) shall be treated as beginning with the day on which the Board sent the notice under paragraph 21, and

(ii) the date referred to in the term of the general medical services contract giving effect to paragraph 4(9)(a) (or in the equivalent term of the default contract) shall be treated as being the date on which the Board sent the notice under paragraph 21.

(4) In a case where, on 31st March 2004, an appeal had already been made under paragraph 21(6) of Schedule 2 to the 1997 Regulations but not yet been determined or withdrawn, the appeal shall continue to be dealt with as if paragraphs 20 and 21 of that Schedule had not been revoked and, if the appeal is dismissed, the withdrawal of approval shall take effect as a withdrawal of approval under the term of the general medical services contract which gives effect to paragraph 4 of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract) on the date on which the general medical services contractor or the default contractor received notice of the dismissal of the appeal.

Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services and default contracts

67

(1) Where –

(a) on or before 31st March 2004, a Board had notified a medical practitioner of its immediate withdrawal of approval of an out of hours arrangement under paragraph 22 of Schedule 2 to the 1997 Regulations; and

(b) on or before 1st April 2004, that medical practitioner –

(i) has entered as an individual medical practitioner into a general medical services contract, or a default contract, which requires the provision of out of hours services;

(ii) is one of two or more individuals practising in partnership who have entered into such a contract; or

(iii) is a legal and beneficial shareholder in a company which has entered into such a general medical services contract,

paragraphs (2) and (3) shall apply.

(2) In a case where the time for appealing under paragraph 22(4) had not expired on or before 31st March 2004, that withdrawal shall be treated as if it were a withdrawal of approval under the term of the general medical services contract which gives effect to paragraph 5(1)(b) of Schedule 6 to the 2004 Regulations (or under the equivalent term of a default contract) subject to the modification that the 30 days referred to in the term giving effect to paragraph 5(5) of that Schedule (or in the equivalent term of the default contract) shall be treated as beginning with and including the day on which the Board’s notification under paragraph 22(2) of Schedule 2 to the 1997 Regulations was sent.

(3) In a case where, on 31st March 2004, an appeal had already been made under paragraph 22(4) but not yet been determined or withdrawn, that appeal shall continue to be dealt with as if paragraphs 20 and 22 of Schedule 2 to the 1997 Regulations had not been revoked and, if the appeal is successful, the approval of the arrangement shall be treated as an approval given under the term of the general medical services contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract), except in the circumstances specified in paragraph (4).

(4) The circumstances referred to in paragraph (3) are that the appeal related to an arrangement with a transferee doctor as defined in paragraph 20(1)(c) of Schedule 2 to the 1997 Regulations and that doctor –

(a) has not entered as an individual medical practitioner into a general medical services contract, or a default contract, which includes the provision of out of hours services;

(b) is not one of two or more individuals practising in partnership who have entered into such a contract;

(c) is not a legal and beneficial shareholder in a company which has entered into such a general medical services contract; or

(d) is not a party to contractual arrangements under Article 15 of the No. 1 Order which include the provision of out of hours services.

(5) The terms of an arrangement granted approval pursuant to paragraph (3) shall be the same as those of the approval previously granted approval under paragraph 20 of Schedule 2 to the 1997 Regulations except that –

(a) any references to the patients of the medical practitioner shall be amended to be references to the patients of the general medical services contractor or the default contractor;

(b) any references to the whole of the out of hours period shall be amended to be references to –

(i) the period beginning at 6.30pm on any day from and including Monday to Thursday and ending at 8am on the following day,

(ii) the period between 6.30pm on Friday and 8am the following Monday, and

(iii) a public holiday or local holiday agreed with the Board;

(i) any reference to 7pm on Monday to Friday shall be amended to be a reference to 6.30pm, and

(ii) any reference to 1pm on Saturday shall be deemed to be a reference to 6.30pm on Friday; and

(d) any references to a particular transferee doctor shall be amended to be references to –

(i) that person as a general medical services contractor, a default contractor or a party to contractual arrangements made under Article 15 of the No. 1 Order;

(ii) that person and any other medical practitioner with whom he is practising in partnership who have entered in to a general medical services contract or a default contract or are a party to contractual arrangements made under Article 15 of the No. 1 Order; or

(iii) the company in which he is a legal and beneficial shareholder and which has entered into a general medical services contract.

References to the dispute resolution procedure in general medical services contracts which follow default contracts

68

Where –

(a) on or before the date on which a default contract ceases to have effect, a default contractor has received notice of –

(i) the refusal of an application for approval of an out of hours arrangement under the term of his contract equivalent to paragraph 2(4) of Schedule 6 to the 2004 Regulations;

(ii) a determination of a Board under the term of his contract equivalent to paragraph 4(6) of Schedule 6 to the 2004 Regulations which gives notice of immediate withdrawal of approval; or

(iii) immediate withdrawal of approval under the term of his contract equivalent to paragraph 5(1)(b) of that Schedule;

(b) on the date on which the default contract ceases to have effect –

(i) the 30 days for referring that matter in accordance with the dispute resolution procedure has not expired, and

(ii) no referral under that procedure has yet been made; and

(c) the default contractor has entered into a general medical services contract which takes effect immediately after the default contract ceases to have effect,

the refusal or notice shall be treated, for the purposes of referring the matter in accordance with the dispute resolution procedure contained in the general medical services contract, as if it were a refusal or notice of withdrawal given under the equivalent terms of the general medical services contract and the general medical services contractor may refer the matter in accordance with that dispute resolution procedure before the end of the period of 30 days beginning with the day on which the Board sent the notice of refusal, determination, or, as the case may be, withdrawal, to the default contractor.

Carry over of disputes relating to out of hours arrangements between default and general medical services contracts

69

(1) Where –

(a) on or before the date on which a default contract ceases to have effect, a default contractor has referred a dispute to be determined in accordance with the dispute resolution procedure under the terms of his default contract equivalent to paragraphs 2(5), 4(8) or 5(5) of Schedule 6 to the 2004 Regulations;

(b) on the date on which the default contract ceases to have effect, that dispute has not been determined or withdrawn; and

(c) the default contractor has entered into a general medical services contract which takes effect immediately after the default contract ceases to have effect,

paragraph (2) shall apply.

(2) The dispute shall continue to be dealt with as if it were a dispute referred under the dispute resolution procedure contained in the general medical services contract relating to –

(a) a refusal of an application under the term of the general medical services contract giving effect to paragraph 2 of Schedule 6 to the 2004 Regulations;

(b) a determination of the Board under the term of the general medical services contract giving effect to paragraph 4 of that Schedule; or

(c) an immediate withdrawal of approval under the term of the general medical services contract giving effect to paragraph 5 of that Schedule.

Saving and transitory provision in relation to paragraphs 20 to 22 of Schedule 2 to the 1997 Regulations

70

(1) In this Article, expressions used both in this Article and in the 1997 Regulations have the same meaning as in the 1997 Regulations as modified by paragraph (3).

(2) Notwithstanding the revocation of the 1997 Regulations, paragraphs 20 to 22 of Schedule 2 to those Regulations[^f00029] shall, until 31st December 2004, continue in operation as they had effect on 31st March 2004, subject to the modifications specified in paragraph (3), for the purposes of –

(a) continuing and withdrawing approvals of out of hours arrangements under paragraph 20 of Schedule 2 to those Regulations;

(b) determining applications for approval made to a Board by a medical practitioner under paragraph 20 of Schedule 2 to those Regulations; and

(3) The modifications referred to in paragraph (2) are as if –

(a) in paragraph 20 of Schedule 2 –

(i) in paragraph 20 (1)(a)(iii), for “Bank and Public holidays” there were substituted “a public holiday or a local holiday agreed with the Board”,

(ii) for the definition of “out of hours arrangement” there were substituted –

“out of hours arrangement” means an arrangement under – the term of a general medical services contract which gives effect to paragraph 1(2) of Schedule 6 to the GMS Contract Regulations, or the equivalent term of a default contract;

(iii) in the definition of “transferee doctor” there were added –

and a general medical services contractor, a default contractor or a party to contractual arrangements made under Article 15 of the General Medical Services Transitional and Consequential Provisions (No. 1) (Northern Ireland) Order 2004[^f00030] whose contract, agreement or contractual arrangements include out of hours services;

, and

(b) there were inserted in the appropriate place –

“default contractor” means a person who has entered into a contract under Article 13 of the General Medical Services Transitional and Consequential Provisions (No. 1) (Northern Ireland) Order 2004;

“GMS Contract Regulations” means the Heath and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004[^f00031];

“general medical services contractor” means a person who holds a contract under Article 57 of the 1972 Order[^f00032];

“out of hours services” – in relation to services under a general medical services contract, has the same meaning as in regulation 2(1) of the GMS Contract Regulations, and in relation to services under a default contract, has the same meaning as in the Default Contract 2004 dated 24th March 2004[^f00033].

(4) Any approval of an out of hours arrangement which has been granted by a Board –

(a) before 31st March 2004 under paragraph 20 of Schedule 2 to the 1997 Regulations and continued under paragraph (2)(a); or

(b) after 31st March 2004 under paragraph 20 of Schedule 2 to those Regulations as saved and modified by this Article, and which has not come to an end before that date, shall cease to have effect on 1st January 2005.

Sub-contracting of out of hours services under general medical services contracts

71

(1) Where, prior to 1st January 2005, a general medical services contractor wishes to sub-contract all or part of his out of hours services in circumstances which would require the written approval of the Board in accordance with the term of the general medical services contract which gives effect to paragraph 65 of Schedule 5 to the 2004 Regulations, he shall be deemed to have such written approval if, at the date on which he enters into the sub-contract –

(a) he has, or, pursuant to Article 62, 63 or 67 is deemed to have, approval of an out of hours arrangement, under the term of the general medical services contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations whose terms are, in all material respects, identical to those of the proposed sub-contract;

(b) that approval has not been suspended or withdrawn; and

(c) he has not previously entered into a sub-contract for his out of hours services in reliance on the approval referred to in sub-paragraph (a).

(2) The general medical services contractor shall notify the Board in writing as soon as reasonably practicable of any sub-contract which he proposes to enter into or has entered into pursuant to paragraph (1).

(3) An approval deemed to have been granted pursuant to paragraph (1) shall be regarded, for all purposes, as an approval granted under the term of the general medical services contract which gives effect to paragraph 65 of Schedule 5 to the 2004 Regulations.

Out of hours services to patients not registered with general medical services contractors and default contractors

72

(1) Where a general medical services contractor or a default contractor is required under Article 24 or 25 of the No. 1 Order to provide any of the additional services to patients who are not included on his list of patients, he shall, for so long as that requirement continues, and subject to paragraphs (2) and (4), also be required to provide that service to those patients throughout the out of hours period.

(2) In the case of a general medical services contract, the requirement referred to in paragraph (1) shall cease on the date on which any opt out of out of hours services commences pursuant to the terms of the general medical services contract which gives effect to paragraphs 4 or 5 of Schedule 2 to the 2004 Regulations.

(3) Where paragraph (2) applies, the requirement to inform patients of opt outs in the term of the general medical services contract which gives effect to paragraph 6 of Schedule 2 to the 2004 Regulations shall apply to the patients to whom services are provided pursuant to this Article as it applies to the general medical services contractor’s own registered patients.

(4) Nothing in this Article shall require a general medical services contractor or a default contractor to provide services under this Article if, in the reasonable opinion of the default contractor or the general medical services contractor in the light of the patient’s medical condition it would be reasonable in all the circumstances for the patient to wait for the services required until the next time at which he could obtain such services during core hours.

(5) Services included in a general medical services contract or a default contract pursuant to this Article shall be deemed to fall within the definition of out of hours services for the purposes of –

(a) the terms of the general medical services contract which give effect to paragraphs 11, 13 and 65 to 67 of Schedule 5 to the 2004 Regulations; or

(b) any equivalent terms of the default contract.

(6) In this Article “out of hours period” has the same meaning as in regulation 2(1) of the 2004 Regulations.

Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the No. 1 Order

73

Where a person enters into a general medical services contract pursuant to an entitlement under Part 2 of the No. 1 Order under which services are not to be provided until on or after 1st January 2005, regulation 30 of the 2004 Regulations (out of hours services) shall apply to that general medical services contract as it applies to general medical services contracts under which services are to be provided before that date.

Interpretation

74

(1) In this Part –

“the Disciplinary Procedures Regulations” means the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland)1996[^f00034];

“amendments” in respect of any regulation or regulations in the Disciplinary Procedures Regulations means amendments made to that regulation by paragraph 8 of Schedule 1 to this Order;

“appropriate Board” has the same meaning as in the Disciplinary Procedures Regulations;

“contracting Board” means a Board that has entered into a default contract or a general medical services contract (as the case may be) with – a doctor who is the subject of the allegation, a partnership, where a doctor who is the subject of the allegation is a partner, a limited company, where a doctor who is the subject of the allegation is a legal and beneficial shareholder of shares in that company;

“doctor” has the same meaning as in the Disciplinary Procedures Regulations;

“relevant contractor” means a party to a general medical services contract or default contract with a contracting Board, where that contractor is – a doctor who is the subject of the allegation, a partnership, where a doctor who is or was the subject of the allegation is a partner in that partnership, 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; and

“relevant date” means 1st April 2004.

(2) Unless the context otherwise requires, any reference in this Part to –

(a) a numbered regulation is to the regulation bearing that number in the Disciplinary Procedures Regulations; and

(b) a numbered Schedule is to the Schedule to the Disciplinary Procedures Regulations bearing that number.

Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4 of the Disciplinary Procedures Regulations)

75

(1) Where, before the relevant date, or on or after the relevant date in respect of a matter that occurred before the relevant date, a Board receives, or has received information that could amount to an allegation that a doctor had failed to comply with his terms of service and –

(a) that Board, or its reference committee (as the case may be), has not taken a final decision pursuant to regulation 4(1) before the relevant date as to whether it will take no action or take one or both of the courses of action set out in regulation 4(2); and

(b) any time limit specified in regulation 6 has not expired,

paragraph (2) shall apply.

(2) Where this paragraph applies, the Board shall –

(a) if it is the appropriate Board, continue to be the appropriate Board for the purposes of the Disciplinary Procedures Regulations, and consider and take such action as it sees fit pursuant to the Disciplinary Procedures Regulations, subject to Article 74, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; or

(b) if it is not the appropriate Board, forward the information to that Board as soon as is reasonably practicable, and that Board shall consider the information received and take such action as it sees fit pursuant to the Disciplinary Procedures Regulations, subject to the time limits specified in the Disciplinary Procedures Regulations, and Article 74, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect.

(3) If the appropriate Board, or its reference committee, decides, pursuant to paragraph (2)(a) or (b), to refer the matter to the discipline committee of another Board (B) in accordance with regulation 4(2)(a) or (7) –

(a) that Board (B) shall investigate the matter and report to the appropriate Board as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; and

(b) the appropriate Board shall be entitled, subject to Article 74, to take any action it could have taken pursuant to the Disciplinary Procedures Regulations as if those amendments had not taken effect.

Referrals to investigating discipline committees before the relevant date (regulation 5 of the Disciplinary Procedures Regulations)

76

Where a Board (A) has, before the relevant date, referred a matter in respect of a doctor to another Board (B) in accordance with regulation 4(2)(a) or (7) and –

(a) that matter has not been finally determined by the discipline committee of that Board (B) before the relevant date –

(i) the discipline committee of that Board (B) shall investigate the matter and report to the Board (A) as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect, and

(ii) the Board (A) shall be entitled to take any action it could have taken pursuant to the Disciplinary Procedures Regulations as if those amendments had not taken effect, subject to Article 74; or

(b) that Board (A) has received the report of the discipline committee of the Board (B) but has not yet determined what (if any) action to take as a result of the report, the Board (A) shall be entitled to take any action it could have taken pursuant to the Disciplinary Procedures Regulations as if the amendments to regulations 2 to 8 had not taken effect, subject to Article 74.

Determination of a Board or the Department made before the relevant date (regulations 8, 9, 10 and 11 of the Disciplinary Procedures Regulations)

77

(1) Where, before the relevant date, a Board (or where relevant, the Department) has determined pursuant to regulation 8(5)(a) and 9(3) or regulation 11 (as the case may be) that an amount should be recovered from the doctor, insofar as any of that amount has not been recovered before the relevant date, it shall continue to be recoverable by the Board that was the appropriate Board for the purposes of the Disciplinary Procedures Regulations in respect of that matter, and it shall be treated as a debt owed by that doctor to that Board.

(2) Where a contracting Board has record of, or receives notification of, an adverse determination made before the relevant date pursuant to regulation 8, 9, 10 or 11 in respect of a doctor (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal), paragraph (3) shall apply without prejudice to any other rights the contracting Board may have to take action against the relevant contractor pursuant to any term of the general medical services contract or default contract.

(3) Where this paragraph applies, the contracting Board –

(a) may take into account that adverse determination in relation to a relevant contractor if it is considering, pursuant to a term of the general medical services contract that gives effect to paragraph 107(7) of Schedule 5 to the 2004 Regulations, or an equivalent term in the default contract, whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract; but

(b) shall not, pursuant to sub-paragraph (a), take into account any adverse determination that was made that occurred more than 6 years prior to the date upon which the contracting Board is considering terminating the general medical services contract or the default contract (as the case may be).

Determination of a Board made on or after the relevant date (regulation 8 of the Disciplinary Procedures Regulations)

78

(1) Where, on or after the relevant date, an appropriate Board is determining what (if any) action to take pursuant to regulation 8 in accordance with provision made in this Part, it shall make such a determination in accordance with such limitations and modifications to that regulation as are specified in this Article.

(2) The appropriate Board may –

(a) pursuant to regulation 8(1)(c)(i), determine that no further action should be taken;

(b) pursuant to regulation 8(3), determine after consultation with the Local Medical Committee that it would have considered it appropriate to impose a special limit on the number of persons for whom a doctor may undertake to provide treatment;

(d) pursuant to regulation 8(5)(c), determine that it would have warned the doctor to comply more closely with his terms of service in future, if those terms of service were still applicable,

and if it makes any one or more of the decisions specified in sub-paragraphs (b) to (d), it shall, after the period specified in regulation 8(11)(a) or (b) (as applicable) has expired, notify in writing the contracting Board of its decision and the reasons for it, if the Board is a different Board to the appropriate Board.

(3) Where, pursuant to paragraph (2)(c), the appropriate Board determines that an amount should be recovered from the doctor, regulation 8(8) shall not apply and that amount shall be recoverable by the appropriate Board and it shall be treated as a debt owed by that doctor to that appropriate Board.

(4) Where the appropriate Board has notified the contracting Board that it has made any of the determinations specified in paragraph (2)(b) to (d), or where the appropriate Board is the contracting Board, paragraph (5) shall apply without prejudice to any other rights the contracting Board may have to take action against the relevant contractor pursuant to any term of the general medical services contract or default contract.

(5) Where this paragraph applies, the contracting Board –

(a) may, in relation to a relevant contractor, take into account the determination of the appropriate Board if it is considering, pursuant to a term of the general medical services contract that gives effect to paragraph 107(7) of Schedule 5 to the 2004 Regulations, or an equivalent term in the default contract, whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract; but

(b) shall not, pursuant to sub-paragraph (a), take into account any determination of an appropriate Board that was made more than 6 years prior to the date upon which the contracting Board is considering terminating the general medical services contract or the default contract (as the case may be).

Appeals to the Department against determinations of Boards (regulations 9, 10 and 11 of the Disciplinary Procedures Regulations)

79

(1) Where –

(a) a doctor has appealed against a determination of a Board in accordance with regulation 9 before the relevant date, but that appeal has not been finally determined before that date; or

(b) in respect of a determination made by a Board in accordance with regulation 8 before the relevant date, the time limit specified in regulation 9(2) for appealing that determination has not expired before the relevant date, and the doctor serves a notice of appeal on or after the relevant date but within the time limit specified in regulation 9(2),

that appeal shall be determined pursuant to regulations 9, 10 and 11, as if the amendments to those regulations had not taken effect.

(2) Where an appropriate Board has made a determination in respect of a doctor on or after the relevant date pursuant to this Part –

(a) the doctor shall be entitled to appeal against that determination in accordance with regulation 9; and

(b) that appeal shall be determined pursuant to regulations 9, 10 and 11,

as if the amendments to those regulations and had not taken effect.

(3) Where, on or after the relevant date, the Department is determining pursuant to regulation 9, 10 or 11 (as the case may be) what (if any) action to take in respect of a doctor, it shall make a determination pursuant to those regulations as if the amendments to those regulations had not taken effect and that determination shall have effect in accordance with this Article.

(4) If, in accordance with paragraph (3), the Department determines pursuant to –

(a) regulation 8(3), that it would have considered it appropriate to impose a special limit on the number of persons for whom a doctor may undertake to provide treatment;

(b) regulation 9(3)(d), that there has been an overpayment and, if so, what amount;

(d) to regulation 8(5)(c), that it would have warned the practitioner to comply more closely with his terms of service in future, if those terms of service were still applicable,

it shall, in addition to the persons specified in regulation 10(14), notify the Board specified in paragraph (5).

(5) The Department shall, pursuant to paragraph (4)(a) to (d), notify the contracting Board of its determination if that Board is different from the Board referred to in regulation 10(14).

(6) Where, pursuant to regulation 8(5)(a) and 9(3) or 11, the Department has determined that an amount shall be recovered from a doctor it shall direct the appropriate Board, to recover that amount from the doctor and that amount shall be a debt owed to that appropriate Board.

(7) Where, pursuant to paragraph (5), the Department has notified the contracting Board that it has taken any of the decisions specified in paragraph (4)(a) to (d), whether or not the contracting Board is also the appropriate Board, paragraph (8) shall apply without prejudice to any other right the contracting Board may have to take action against the relevant contractor pursuant to any term of the general medical services contract or default contract.

(8) Where this paragraph applies, the contracting Board may, in relation to a relevant contractor, take into account the determination of the Department if it is considering, pursuant to a term of the general medical services contract that gives effect to paragraph 107(7) of Schedule 5 to the 2004 Regulations, or an equivalent term in the default contract, whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract.

(9) The contracting Board shall not, pursuant to paragraph (8), take into account any notification received that relates to a determination that was made by the Department that occurred more than 6 years prior to the date upon which the contracting Board is considering the matter pursuant to paragraph (8).

Excessive prescribing (regulation 14 of the Disciplinary Procedures Regulations)

80

(1) Where, on 31st March 2004, a Board had –

(a) referred a question of excessive prescribing for investigation and determination by a professional committee under regulation 14; and

(b) that committee had not yet made its determination,

the investigation by the committee shall continue and its determination be made as if that regulation were still in force.

(2) Where, on 31st March 2004, a professional committee had given notice of its determination to a medical practitioner under paragraph (18) of regulation 14 but –

(a) the medical practitioner had not given notice of appeal in accordance with paragraph (20) of that regulation; and

(b) the time for appealing in paragraph (19) of that regulation had not yet expired,

the time for appealing shall continue as if regulation 14 were still in operation.

(3) Where –

(a) on 31st March 2004, a medical practitioner had given notice of appeal against the determination of a professional committee in accordance with paragraph (20) of regulation 14 but that appeal had not been determined or withdrawn; or

(b) a medical practitioner has given notice of such an appeal after 31st March 2004, pursuant to paragraph (2),

that appeal shall continue to be dealt with as if regulation 14 were still in operation.

(4) In this Article, “professional committee” has the same meaning as in regulation 14.

Investigation of certification (regulation 15 of the Disciplinary Procedures Regulations)

81

(1) Where the Department has –

(a) before the relevant date, or on or after the relevant date in respect of an investigation that took place before the relevant date, received information in relation to an investigation of medical certificates issued under and for the purposes of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976[^f00035] by a doctor, but he has not yet determined whether to refer the matter for consideration pursuant to regulation 15(1); or

(b) before the relevant date, pursuant to regulation 15(1), referred a matter to a Local Medical Committee, or to a joint committee of two or more Local Medical Committees and the Local Medical Committee has not yet finally determined the matter pursuant to regulation 15(6),

the Department may, in a case falling within sub-paragraph (a), refer the matter as if the amendments to regulation 15 had not taken effect and, in relation to both sub-paragraphs, the Local Medical Committee or joint committee of Local Medical Committees shall consider or continue to consider (as the case may be) and determine the matter in accordance with regulation 15, subject to the provisions in this Article.

(2) Where, pursuant to paragraph (1), the Local Medical Committee makes a determination pursuant to regulation 15(6), it shall forward its report to the contracting Board, in addition to the persons specified in regulation 15(6), unless the doctor exercises his right of appeal pursuant to regulation 15.

(3) Where –

(a) a doctor –

(i) has appealed against a finding of a Local Medical Committee made before the relevant date pursuant to regulation 15(7), and within the time limit specified in that paragraph, and that appeal has not been determined before the relevant date, or

(ii) appeals against a finding of a Local Medical Committee on or after the relevant date in respect of a finding of a Local Medical Committee made pursuant to paragraph (1) within the time limit specified in regulation 15(7); or

(b) the Department –

(i) has referred a finding of a Local Medical Committee made before the relevant date pursuant to regulation 15(10), and that referral has not been determined before the relevant date, or

(ii) referred a finding of a Local Medical Committee on or after the relevant date in respect of a finding of a Local Medical Committee made pursuant to paragraph (1),

that appeal or referral shall be determined in accordance with regulation 15 as if the amendments to that regulation had not taken effect, save that written notification of the determination made by the referee shall be given to the contracting Board.

(4) The Department may, on or after the relevant date, determine that, pursuant to regulation 16(12), an amount should be recovered from a doctor, and shall, in determining whether an amount should be recovered, act as if the amendments to regulations 11(3), (4) and (5) and 15 had not taken effect.

(5) Where pursuant to regulation 15(12), the Department has determined that an amount should be recovered from a doctor –

(a) before the relevant date, where that amount has not been fully recovered before the relevant date; or

(b) on or after the relevant date pursuant to this Article,

that amount shall be recoverable by the appropriate Board, insofar as it has not already been recovered before the relevant date in respect of an amount falling within sub-paragraph (a), and that amount shall be a debt owed to that Board.

(6) Where the contracting Board has received notification pursuant to this Article of an adverse determination in respect of the doctor pursuant to regulation 15, paragraph (7) shall apply without prejudice to any other right the contracting Board may have to take action against the relevant contractor pursuant to any term of the general medical services contract or default contract.

(7) Where this paragraph applies, the contracting Board may, in relation to a relevant contractor, take into account the adverse determination of the Department if it is considering, pursuant to a term of the general medical services contract that gives effect to paragraph 107(7) of Schedule 5 to the Regulations, or an equivalent term in the default contract, whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract.

(8) The contracting Board shall not, pursuant to paragraph (7), take into account any notification that relates to a determination that was made more than 6 years prior to the date upon which the contracting Board is considering the matter pursuant to paragraph (7).

Investigation of record keeping (regulation 16 of the Disciplinary Procedures Regulations)

82

(1) Where the Board has –

(a) before the relevant date, or on or after the relevant date in respect of an examination of record cards by a medical officer that took place before the relevant date, received information in relation to an examination of record cards held by a doctor, but it has not yet determined whether to refer the matter for consideration pursuant to regulation 16(1); or

(b) before the relevant date, pursuant to regulation 16(1), referred a matter to a Local Medical Committee and the Local Medical Committee has not yet finally determined the matter pursuant to regulation 16(8),

the Board may, in a case falling within sub-paragraph (a), refer the matter as if the amendments to regulation 16 had not taken effect and, in relation to both sub-paragraphs, the Local Medical Committee shall consider or continue to consider (as the case may be) and determine the matter in accordance with regulation 16, subject to the provisions in this Article.

(2) Where, pursuant to paragraph (1), the Local Medical Committee makes a determination pursuant to regulation 16(8), it shall forward its report to the contracting Board, in addition to the persons specified in regulation 16(9), unless the doctor exercises his right of appeal pursuant to regulation 16(10).

(3) Where –

(a) a doctor –

(i) has appealed against a finding of a Local Medical Committee made before the relevant date pursuant to regulation 16(10), and within the time limit specified in that paragraph, and that appeal has not been determined before the relevant date, or

(ii) appeals against a finding of a Local Medical Committee on or after the relevant date in respect of a finding of a Local Medical Committee made pursuant to paragraph (1) within the time limit specified in regulation 16(10); or

(b) the Department –

(i) has referred a finding of a Local Medical Committee made before the relevant date pursuant to regulation 16(12), and that referral has not been determined before the relevant date, or

(ii) referred a finding of a Local Medical Committee on or after the relevant date in respect of a finding of a Local Medical Committee made pursuant to paragraph (1),

that appeal or referral shall be determined in accordance with regulation 16 as if the amendments to that regulation (and regulation 16(8) and (9) where applicable) had not taken effect, save that written notification of the determination made by the referee shall be given to the contracting Board.

(4) The Department may, on or after the relevant date, determine that, pursuant to regulation 16(14), an amount should be recovered from a doctor and shall, in determining whether an amount should be recovered, act as if the amendments to regulations 11(3), (4) and (5) and 16 had not taken effect.

(5) Where pursuant to regulation 16(14), the Department has determined that an amount should be recovered from a doctor –

(a) before the relevant date, where that amount has not been fully recovered before the relevant date; or

(b) on or after the relevant date pursuant to this Article,

(6) Where the contracting Board has received notification pursuant to this Article of an adverse determination in respect of the doctor pursuant to regulation 16, paragraph (7) shall apply without prejudice to any other right the contracting Board may have to take action against the relevant contractor pursuant to any term of the general medical services contract or default contract.

(7) Where this paragraph applies, the contracting Board may, in relation to a relevant contractor, take into account the adverse determination of the Department if it is considering, pursuant to a term of the general medical services contract that gives effect to paragraph 107(7) of Schedule 5 to the 2004 Regulations, or an equivalent term in the default contract, whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract.

(8) The contracting Board shall not, pursuant to paragraph (7), take into account any notification that relates to a determination that was made more than 6 years prior to the date upon which the contracting Board is considering the matter pursuant to paragraph (7).

Decision as to treatment for which fees may be charged by doctors (regulation 17 of the Disciplinary Procedures Regulations)

83

(1) Where a question has arisen as to whether any treatment given by a doctor to a patient is treatment for which he may demand or accept a fee from a patient within the meaning of regulation 17(1), and that question has arisen before the relevant date, or on or after the relevant date in respect of any fee charged by a doctor before the relevant date, and that question –

(a) has not been referred for consideration by the Local Medical Committee; or

(b) has been referred to the Local Medical Committee and the Local Medical Committee has not yet finally determined the matter pursuant to regulation 17,

the question may, in a case falling within sub-paragraph (a), be referred as if the amendments to that regulation and Schedule 4 had not taken effect and, in relation to both sub-paragraphs, the Local Medical Committee shall consider or continue to consider (as the case may be) and determine the matter in accordance with regulation 17 and Schedule 4, subject to the provisions in this Article.

(2) Where a Local Medical Committee makes a determination pursuant to paragraph (1), regulation 17(6) shall apply to the Board.

(3) Where a Board –

(a) has referred a finding of a Local Medical Committee made before the relevant date to the Department pursuant to regulation 17(2), and that referral has not been determined before the relevant date, or

(b) refers a finding of a Local Medical Committee on or after the relevant date,

that referral shall be determined in accordance with regulation 17 and Schedule 4 as if the amendments to that regulation and Schedule had not taken effect.

(4) Where the Department –

(a) has referred a finding of a Local Medical Committee made before the relevant date pursuant to regulation 17(6), and that referral has not been determined before the relevant date; or

(b) refers a finding of a Local Medical Committee on or after the relevant date,

that referral shall be determined in accordance with regulation 17 and Schedule 4 as if the amendments to that regulation and Schedule had not taken effect.

Functions of Local Medical Committees

84

Where –

(a) a Local Medical Committee has, before the relevant date had any matter referred to it for its consideration that it had not finally determined before the relevant date; and

(b) pursuant to this Part, that matter is to be determined by the Local Medical Committee on or after the relevant date,

the Local Medical Committee that had the matter referred to it shall be deemed to be a Local Medical Committee that is recognised by a Board pursuant to Article 55B of the 1972 Order for the purpose of exercising the continuing functions conferred on it in relation to the matter by this Part.

PART 8 — MISCELLANEOUS

Details to be included on prescription forms etc.

85

(1) Notwithstanding –

(a) the terms of a general medical services contract which give effect to paragraph 61(2)(b) of Schedule 5 to the 2004 Regulations; or

(b) the equivalent terms of a default contract,

prescription forms issued for the purposes of a default contract or a general medical services contract before 31st March 2006 need not include the name of the contractor.

(2) In paragraph (1), “prescription form” has the same meaning as in regulation 2(1) of the 2004 Regulations.

Transitory interpretation of references in statutory provisions to primary medical services

86

For so long as default contracts entered into pursuant to Article 5(3) of the 2004 Order (general medical services: transitional) exist, a reference in any statutory provision to primary medical services under the 1972 Order shall be deemed to include a reference to services provided under such contracts.

Transitory interpretation of references to general medical services contracts

87

(1) For as long as default contracts entered into pursuant to Article 5(3) of the 2004 Order (general medical services: transitional) exist, any reference to a general medical services contract or to a contract under Article 57 of the 1972 Order in the statutory provisions listed in paragraph (2) shall be deemed to include a reference to a default contract.

(2) The statutory provisions referred to in paragraph (1) are –

(a) the 1972 Order, Articles 2(2)[^f00036], 5(3)(aa)[^f00037] and 6(2)[^f00038];

(b) the Access to Health Records (Northern Ireland) Order 1993[^f00039], Article 3(2)(a);

(d) the Employment Rights (Northern Ireland) Order 1996, Article 67K(1)(ba)[^f00041];

(e) the Health and Personal Social Services (Northern Ireland) Order 1991, Article 21(3)(a) and (b)[^f00042].

PART 9 — SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

Meaning of suitable experience

88

(1) Until either the establishment of the General Practitioner Register pursuant to Article 10(1) of the 2003 Order or the coming into force of paragraphs 21 and 22 of Schedule 8 to that Order, whichever occurs first, of the 2003 Order, where, in any statutory provision, there is a reference to a medical practitioner being “suitably experienced” within the meaning of Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978[^f00043], that reference shall be construed in accordance with sub-paragraph (2).

(2) A medical practitioner shall, pursuant to sub-paragraph (1), be regarded as being “suitably experienced” if he –

(a) holds a certificate of prescribed experience;

(b) holds a certificate of equivalent experience;

(c) is exempt from the need to have acquired the prescribed experience pursuant to regulation 5 of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998[^f00044] (exemptions); or

(d) has an acquired right to practise pursuant to regulation 5 of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994[^f00045], other than by virtue of regulation 5(1)(d) of those Regulations (acquired rights).

(3) In this Article, “certificate of prescribed experience” and “certificate of equivalent experience” have the meanings assigned to them in regulation 2(1) of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998.

(4) Notwithstanding the repeal of Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978, the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 and the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 shall remain in operation (subject to the transitory modifications made in this Part) until their revocation by virtue of Article 31(5) of, and Part 2 of Schedule 10 to the 2003 Order.

Saving of Article 144 of the Trade Union and Labour Relations (Northern Ireland) Order 1995

89

Notwithstanding the coming into operation of the amendments to the definition of worker in Article 144 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (health service practitioners) made by paragraph 16 of Schedule 1 to the 2004 Order[^f00046], in relation to any complaint arising in respect of a matter which occurred before 1st April 2004, Article 144 shall have effect as if those amendments had not been brought into force.

90

Notwithstanding the amendments made to the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001[^f00047]. by paragraph 9 of Schedule 1, those regulations shall, in relation to any employment before 1st April 2004, continue to apply as if those amendments had not been made.

Transitory modification of Article 21 of the 1991 Order

91

For as long as default contracts entered into pursuant to Article 5 of the 2004 Order (general medical services: transitional) exist, Article 21 of the Health and Personal Social Services (Northern Ireland) Order 1991 (indicative amounts for doctors' practices) shall be read as if –

(a) the reference in sub-paragraph (3)(a) to a contract under Article 57 of the Order included a reference to a default contract entered into pursuant to Article 5 of the 2004 Order; and

(b) after sub-paragraph (3), there were inserted –

(3A) Where, in the same financial year, the members of a practice enter into – (a) a contract pursuant to Article 5 of the Primary Medical Services (Northern Ireland) Order 2004; and (b) a contract with the same Board under Article 57 of the Order which takes effect immediately after the contract referred to in paragraph (a) ceases to have effect, that practice will, for that financial year, count as a single practice for the purposes of this Article.

Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994

92

(1) Until their revocation by virtue of Article 31(5) of, and Part 2 of Schedule 10 to the 2003 Order, the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 are to have effect as if they were amended in accordance with this Article.

(2) In regulation 5 (acquired rights)[^f00048], in paragraph (4)(a), after –

(a) “within the meaning of Article 31(2) of the National Health Service Act 1977”, insert “and Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978”; and

(b) “for the purposes of regulation 4(1), (2)(a) or (3)(a) of the National Health Service (General Medical Services Contracts) Regulations 2004”, omit “or” and insert “the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004; and”.

Transitory modification of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998

93

(1) Until their revocation by virtue of Article 31(5) of, and Part 2 of Schedule 10 to the 2003 Order, the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 are to have effect as if they were amended in accordance with this Article.

(2) In regulation 2 (interpretation) –

(a) in the definition of “General Practice (GP) Registrar” there shall be substituted –

means a medical practitioner who is being trained in general practice by a medical practitioner who has been approved for that purpose by the JCPTGP pursuant to regulation 7;

(3) Regulation 4 (experience and certificates required) shall be omitted.

(4) In regulation 5 (exemptions), in paragraph (1) for sub-paragraph (d) substitute –

(d) if his name was, on 31st December 1994, included in a medical list for the provision of general medical services limited to – (i) child health surveillance services only, (ii) contraceptive services only, (iii) maternity medical services only, (iv) minor surgery services only, or (v) any combination of the services mentioned in paragraphs (i) to (iv);

Minor and consequential amendments

94

The statutory provisions listed in Schedule 1 are amended as there specified.

Revocations

95

The statutory provisions listed in Schedule 2 are revoked to the extent there specified.

SCHEDULE 1 — MINOR AND CONSEQUENTIAL AMENDMENTS

1

(1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976[^f00049] shall be amended as provided in this paragraph.

(2) In Part 1 of Schedule 1 (rules), for paragraph 3 substitute –

(3) Where the claimant is on the list of a person providing primary medical services under the Health and Personal Social Services (Northern Ireland) Order 1972 and is being attended by a doctor performing such services, the doctor’s statement shall be on the form provided by the Department for the purpose and shall be signed by that doctor.

Medicines (Pharmacy and General Sale – Exemption) Order 1980

2

(1) The Medicines (Pharmacy and General Sale – Exemption) Order 1980[^f00050] shall be amended as provided in this paragraph.

(2) In paragraph (3), for sub-paragraph (b)(iii) substitute –

(iii) in relation to Northern Ireland, the provision of primary medical services under Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972;

The Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985

3

In the Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985[^f00051], in Part 1 of Schedule 1 (rules)[^f00052], for paragraph 3 substitute –

(3) Where the patient is on the list of a person providing primary medical services under the Health and Personal Social Services (Northern Ireland) Order 1972 and is being attended by a doctor performing such services, the doctor’s statement shall be on the form provided by the Department for the purpose and shall be signed by the attending doctor.

General Ophthalmic Services Regulations (Northern Ireland) 1986

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994[^f00056] shall be amended as provided in this paragraph.

(1) In regulation 1 (citation, commencement and interpretation), omit the definition of “general medical practitioner”.

(2) In regulation 11 (disqualification for appointment of chairman and non-executive directors), in paragraph (1) –

(a) for sub-paragraph (f), for “he is a general medical practitioner” substitute –

(f) he – (i) performs or provides primary medical services under Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972, (ii) is a partner in a partnership that, or is the legal and beneficial owner of shares in a company that, provides primary medical services under Part VI of that Order, or (iii) is an employee of any of those, or (iv) is a general dental practitioner or an employee of one; or;

(b) in sub-paragraph (h), insert at the end “or a list prepared pursuant to Article 57G[^f00057] of that Order”.

The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996

6

(1) The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996[^f00058] shall be amended as provided in this paragraph.

(2) In regulation 2 (general welfare of children), in paragraph (2)(f) for the words “general medical practitioner” to the end, substitute “person who provides primary medical services pursuant to Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972,”.

The General Dental Services Regulations (Northern Ireland) 1993

7

In the General Dental Services Regulations (Northern Ireland) 1993[^f00059], in regulation 2 (interpretation)[^f00060] –

(a) in the definition of “Local Dental Committee” omit “, Local Medical Committee”; and

(b) after the definition of “Local Dental Committee” insert –

“Local Medical Committee” means a committee recognised by the Board under Article 55B of the Order[^f00061]

;”

8

Subject to Articles 70 to 80, the Health and Personal Social Services (Disciplinary Procedures) Regulations 1996[^f00062] shall be amended as follows –

(a) in regulation 2 (interpretation) –

(i) in paragraph (1) –

(aa) omit the definitions of “Local Medical Committee”, “medical discipline committee”, “medical list” and “medical officer”;

(bb) in the definition of “deputy”, omit paragraph (a);

(cc) in the definition of “Part V1 service”, omit the words “general medical services”;

(dd) in the definition of “practitioner”, omit the word “doctor,”;

(ee) in the definition of “relevant local representative committee”, omit paragraph (a);

(ff) in the definition of “terms of service”, omit “the terms of service for doctors contained in Schedule 1”; and

(gg) in the definition of “treatment”, omit the words “in relation to general medical services, has the same meaning as in the General Medical and Pharmaceutical Regulations, and,”;

(b) in regulation 3 (establishment of committees), omit paragraph (1)(a);

(i) omit paragraph (5)(b) and (6); and

(ii) in paragraph (5)(a), omit the word “medical”;

(d) in regulation 5 (referral to discipline committee), omit paragraph (2)(a);

(e) in regulation 6 (time limits), in paragraph (3)(a), omit the word “doctor,”;

(f) in regulation 8 (determination of appropriate Board), omit paragraphs (3) and (4);

(g) in regulation 9 (appeal to the Department) –

(i) in paragraph (1)(b), omit (3), and

(ii) in paragraph (5), omit “(3),” in the second place it appears;

(h) in regulation 10 (procedure on appeal) –

(i) in paragraph (5), omit “(3)”,

(ii) in paragraph (7), omit sub-paragraph (a), and

(iii) in paragraph (8), omit sub-paragraph (a);

(i) in regulation 11 (recovery of amounts from practitioners following appeal), in paragraph (4), for the words “paragraphs (3), or”, substitute “paragraph”;

(j) omit regulations 14 (excessive prescribing by doctors), 15 (investigation of certification), 16 (investigation of record keeping) and 17 (decision as to treatment for which fees may be charged by doctors);

(k) in regulation 21 (referral of matters to professional bodies), in paragraph (3)(a) omit the words “a doctor or”;

(l) in Schedule 1 (constitution of discipline committees) –

(i) omit paragraph 2(1)(b)(ii),

(ii) in paragraph 2(2), for “(ii)”, substitute “(iii)”,

(iii) in paragraph 2(4), omit sub-paragraph (a), and

(iv) in paragraph 8(b)(i), omit the word “doctor” and omit sub-paragraph (c)(i);

(m) in Schedule 2 (procedure for investigation by discipline committees) –

(i) in paragraph 2, omit sub-paragraph (1)(a), and

(ii) in paragraph 9, omit sub-paragraph (c)(i) and (d);

(n) in Schedule 3, omit paragraph 1; and

(o) omit Schedule 4 (rules of procedure under regulation 17).

9

(1) The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001[^f00063] shall be amended as provided in this paragraph.

(2) In regulation 2 (interpretation) –

(a) for the definition of “assistant practitioner” substitute –

“assistant practitioner” means – a person on the primary medical services performers list who is employed (other than by a Health and Social Services Board) to perform primary medical services under a GMS contract, a default contract or a PMS agreement; or an employee of a dental practitioner whose name is included on a list being himself a dental practitioner who, in such employment, is engaged in assisting his employer in the actual discharge of his duties as such practitioner and for whose employment the consent of the Health and Social Services Board is required;

(b) for the definition of “medical list”, substitute in the appropriate place –

“primary medical services performers list” means a list prepared by a Health and Social Services Board pursuant to regulation 4(1) of the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004[^f00064];

(i) in paragraph (a) for “a registered medical practitioner or a registered dentist whose name is included in the medical list of a Health and Social Services Board or, as the case may be,” substitute “a registered dentist whose name is included”,

(ii) in paragraph (c), omit “a registered medical practitioner or”,

(iii) omit “and” after paragraph (d),

(iv) in paragraph (e) –

(aa) for “a registered medical practitioner or a registered dentist who is a medical pilot scheme employee or, as the case may be, a dental pilot scheme employee,” substitute “a registered dentist who is a dental pilot scheme employee”;

(bb) in sub-paragraph (i), omit “the medical list or, as the case may be,”

(cc) in the full out words at the end, omit “medical or”, and

(dd) at the end, insert “and”, and

(v) at the end, add paragraph (f) –

(f) a registered medical practitioner who is included in a primary medical services performers list and who is providing services under – (i) a GMS contract or a default contract, or (ii) a PMS agreement;

(d) omit the definitions of “medical pilot scheme employee” and “personal medical services”; and

(e) insert, in the appropriate place –

“default contract” means a contract under Article 13 of the General Medical Services Transitional and Consequential Provisions (No. 1) (Northern Ireland) Order 2004[^f00065];

“GMS contract” means a contract under Article 57 of the 1972 Order[^f00066];

“PMS agreement” means an agreement made under Article 15B of the 1972 Order[^f00067]

(3) In regulation 3 (persons to whom the regulations apply), omit paragraph (1)(f).

(4) In regulation 5 (recovery of costs), in paragraph (7)(c), for

to – (b) a person providing piloted services, or (d) a registered medical practitioner who is a medical pilot scheme employee,

substitute “to a person providing piloted services”.

The Prescription Only Medicines (Human Use) Order 1997

10

(1) The Prescription Only Medicines (Human Use) Order 1997[^f00068] shall be amended as provided in this paragraph.

(2) In Article 12B (exemption for health professionals who supply or administer prescription only medicines under a Patient Group Direction in order to assist doctors or dentists in providing national health services)[^f00069], for paragraph 3(b)(iii) substitute –

(iii) in relation to Northern Ireland, the provision of primary medical services under Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972;

The Charges for Drugs and Appliances Regulations (Northern Ireland) 1997

11

(1) The Charges for Drugs and Appliances Regulations (Northern Ireland)1997[^f00070] shall be amended as provided in this paragraph.

(2) In regulation 2 (interpretation), in paragraph (1) –

(a) omit the definition of “medical list”;

(b) in the definition of “patient”, for paragraph (a) substitute –

(a) any person who is provided with primary medical services under Part VI of the Order;

(a) in paragraph (a), omit “a doctor or”;

(b) in paragraph (b) omit “personal medical services” and substitute “primary medical services”;

(d) in the definition of “terms of service”, omit paragraph (a).

(3) In regulation 4 (supply of drugs and appliances by doctors), in paragraph (6), for “payable by the Agency” substitute “payable by the Board”.

The Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 1999

12

In the Health Services (Tribunal and Disciplinary Procedures) (Amendment) Regulations (Northern Ireland) 1999[^f00071] –

(a) in regulation 3(a), omit the definition of “personal medical services”; and

(b) omit regulation 3(b).

The Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999

13

In the Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999[^f00072], in Regulation 1(2), omit the definition of “the 1997 Regulations”.

The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and General Medical Services (Amendment No. 3) Regulations (Northern Ireland) 2001

14

(1) The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and General Medical Services (Amendment No. 3) Regulations (Northern Ireland) 2001[^f00073] shall be amended as provided in this paragraph.

(2) In regulation 2 (medical practices qualifying for approval) –

(a) in paragraph (1) for sub-paragraph (a) substitute –

(a) “GP Registrar” has the meaning assigned to it in regulation 2(1) of the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004; and

(b) in paragraph (2)(d) for “General Practice (GP) Registrar” substitute “GP Registrar”.

(3) In regulation 3 (conditions as to residence), in paragraph (1) for the words “the General Medical Services Regulations (Northern Ireland) 1997” substitute “The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004.”

(4) Omit regulation 4 (amendment of the General Medical Services Regulations (Northern Ireland) 1997).

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

15

(1) The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[^f00074] shall be amended as provided in this paragraph.

(2) In Article 10 (the General Practitioners Register) –

(a) in paragraph 4, for sub-paragraph (c), substitute –

(c) in Northern Ireland, be included in a primary medical services performers list

(b) in paragraph (6), omit sub-paragraph (c).

(3) In Schedule 1 (interpretation), insert at the appropriate alphabetical position –

“a primary medical services performers list” means a list of medical practitioners prepared and published pursuant to Article 57G of the Health and Personal Social Services (Northern Ireland) Order 1972;

(4) In Schedule 8 (transitional, transitory and saving provisions), in paragraph 22(2) (general practitioners permitted to work within the National Health Service during the transitional period) for sub-paragraph (c) substitute –

(c) in Northern Ireland, inclusion in a primary medical services performers list;

(5) In Schedule 9 (consequential amendments to primary legislation), omit paragraph 7.

16

In the Health and Personal Social Services Amendments relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003[^f00075], omit regulation 1(2)(b).

The Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004

17

In regulation 3 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004[^f00076] (HS travel expenses), in paragraph (1)(a) for “personal medical” substitute “primary medical services provided under Part VI of the Order”.

SCHEDULE 2 — REVOCATIONS

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
General Medical Services Regulations (Northern Ireland) 1997	S.R. 1997 No. 380	The whole Regulations
General Medical Services (Amendment) Regulations (Northern Ireland) 1998	S.R. 1998 No. 9	The whole Regulations
The Health Services (Choice of Medical Practitioner) Regulations (Northern Ireland) 1998	S.R. 1998 No. 412	The whole Regulations
The Health Services (Pilot Schemes: Part VI Practitioners) Regulations (Northern Ireland) 1998	S.R. 1998 No. 413	The whole Regulations
General Medical Services (Amendment) Regulations (Northern Ireland) 1999	S.R. 1999 No. 276	The whole Regulations
The Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations (Northern Ireland) 1999	S.R. 1999 No. 100	Regulations 2, 3, 4 and 15
General Medical Services (Amendment) Regulations (Northern Ireland) 2000	S.R. 2000 No. 217	The whole Regulations
General Medical Services (Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 135	The whole Regulations
General Medical Services (Amendment No. 2) Regulations (Northern Ireland) 2001	S.R. 2001 No. 167	The whole Regulations
General Medical Services (Miscellaneous Amendments) Regulations (Northern Ireland) 2001	S.R. 2001 No. 218	The whole Regulations
General Medical Services (Amendment No. 4) Regulations (Northern Ireland) 2001	S.R. 2001 No. 374	The whole Regulations
Pharmaceutical Services and General Medical Services (Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 92	Regulation 7
General Medical Services (Amendment No. 2) Regulations (Northern Ireland) 2002	S.R. 2002 No. 266	The whole Regulations
General Medical Services (Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 213	The whole Regulations
General Medical Services (Amendment) Regulations (Northern Ireland) 2003	S.R. 2003 No. 6	The whole Regulations
General Medical Services (Amendment No. 2) Regulations (Northern Ireland) 2003	S.R. 2003 No. 133	The whole Regulations
General Medical Services (Amendment No. 2) Regulations (Northern Ireland) 2003	S.R. 2003 No. 205	The whole Regulations
The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc) Regulations (Northern Ireland) 2003	S.R. 2003 No. 447	Regulation 3

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 31st 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 Order.)

This Order makes transitional and consequential provision arising from the replacement on 1st April 2004 of arrangements for the provision of general medical services under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order”) 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 2004 Order”).

In the case of general medical services, this Order supplements the General Medical Services Transitional and Consequential Provisions (No. 1) (Northern Ireland) Order 2004 (S.R. 2004 No. 141) (“the No. 1 Order”).

Part 2 of the Order is concerned with transitional provision in relation to general medical services. It deals with matters which are still outstanding on 31st March 2004 under the General Medical Services Regulations (Northern Ireland) 1997 (S.R. 1997 No. 380) (“the 1997 Regulations”) which are revoked. In most cases, it provides for those matters to be dealt with as part of the new contractual arrangements.

Part 3 of the Order deals with transitional provision between default contracts (which, under Article 13 of the No. 1 Order, are short-term contracts which can be entered into on or before 31st March 2004 by those who had been providing general medical services under Article 56 of the 1972 Order pending agreement on a permanent general medial services contract) and the succeeding general medical services contract. It provides for certain actions etc taken under the default contract to carry forward to the general medical services contract.

Part 4 of the Order deals with transitional arrangements for general medical services in relation to the assignment of patients under regulations 4 to 6 of the Health Services (Choice of Medical Practitioner) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 412) which are revoked.

Part 5 of the Order makes transitional provision for matters relating to inclusion on the medical list under the 1997 Regulations.

Part 6 of the Order deals with out of hours arrangements and services. Articles 56 to 64, 63 and 64 make transitional provision in relation to matters outstanding on 31st March 2004 under paragraphs 20 to 22 of Schedule 2 to the 1997 Regulations. Articles 61, 64 and 65 make transitional provision in relation to matters outstanding on the date on which a default contract is replaced by a general medical services contract. Article 66 provides for the 1997 Regulations to remain in operation for certain purposes until 31st December 2004 subject to certain modifications. Articles 67 and 69 deal with other miscellaneous transitional matters in relation to out of hours services.

Part 7 of the Order is concerned with transitional provision in relation to the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996 which are amended so that they no longer apply to doctors. It makes provision for matters which are outstanding in relation to doctors under those regulations on 31st March 2004 to be concluded.

Part 8 of the Order includes a number of miscellaneous transitional and transitory provisions.

Part 9 of the Order (and Schedules 1 and 2) set out savings, modifications, amendments and revocations.

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

[^f00005]: S.R. 1997 No. 380

[^f00006]: S.I. 2003/1250

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

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

[^f00009]: Article 56 was amended by S.I. 1991/194 (N.I. 1) and S.I. 1997/1177(N.I. 7) and from 1st April 2004 is substituted by Article 3 of S.I. 2004/311 (N.I. 12)

[^f00010]: Article 55 was replaced by section 42 of the Health and Personal Social Services (Northern Ireland) Order 2001 and was repealed in relation to Local Medical Committees by paragraph 7 of Schedule 1 to the 2004 Order

[^f00011]: Article 55B was inserted into the 1972 Order by paragraph 9 of Schedule 1 to the 2004 Order

[^f00012]: S.R. 2004 No. 141

[^f00013]: S.R. 2004 No. 149

[^f00014]: Paragraph 5 was amended by S.R. 1999 No. 100

[^f00015]: Paragraph 9 was amended by S.R. 1999 No. 100

[^f00016]: Regulation 18(8)(b) was amended by S.R. 1999 No. 100

[^f00017]: Paragraph 6 was amended by S.R. 1999 No. 100

[^f00018]: Paragraph 9 was amended by S.R. 1999 No. 100

[^f00019]: Paragraph 3(4) was amended by S.R. 1999 No. 100

[^f00020]: Paragraph 16 was amended by S.R. 1999 No. 100

[^f00021]: Paragraph 35A was inserted by S.R. 2001 No. 167 and paragraph 35B was inserted by S.R. 2003 No. 447

[^f00022]: These definitions were inserted into paragraph 1 by S.R. 2003 No. 447

[^f00023]: Paragraph 26 was amended by S.R. 1998 No. 9 and S.R. 1999 No. 100

[^f00024]: Regulation 12 was amended by S.R. 1999 No. 100

[^f00025]: Regulation 39(2) was amended by S.R. 1998 No. 9

[^f00026]: Regulation 37 was amended by S.R. 1998 No. 9

[^f00027]: Article 15C was amended by Article 6 of the 2004 Order

[^f00028]: Paragraph 20(2) was amended by S.R. 1999 No. 100

[^f00029]: Paragraph 20(2) was amended by S.R.1999 No. 100

[^f00030]: S.R. 2004 No. 141

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The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004

Review of approval of out of hours arrangements under general medical services contracts which follow default contracts

65

Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

66

Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services and default contracts

67

References to the dispute resolution procedure in general medical services contracts which follow default contracts

68

Carry over of disputes relating to out of hours arrangements between default and general medical services contracts

69

Saving and transitory provision in relation to paragraphs 20 to 22 of Schedule 2 to the 1997 Regulations

70

Sub-contracting of out of hours services under general medical services contracts

71

Out of hours services to patients not registered with general medical services contractors and default contractors

72

Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the No. 1 Order

73

PART 7 — TRANSITIONAL ARRANGEMENTS: THE HEALTH AND PERSONAL SOCIAL SERVICES (DISCIPLINARY PROCEDURES) REGULATIONS (NORTHERN IRELAND) 1996

Interpretation

74

Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4 of the Disciplinary Procedures Regulations)

75

Referrals to investigating discipline committees before the relevant date (regulation 5 of the Disciplinary Procedures Regulations)

76

Determination of a Board or the Department made before the relevant date (regulations 8, 9, 10 and 11 of the Disciplinary Procedures Regulations)

77

Determination of a Board made on or after the relevant date (regulation 8 of the Disciplinary Procedures Regulations)

78

Appeals to the Department against determinations of Boards (regulations 9, 10 and 11 of the Disciplinary Procedures Regulations)

79

Excessive prescribing (regulation 14 of the Disciplinary Procedures Regulations)

80

Investigation of certification (regulation 15 of the Disciplinary Procedures Regulations)

81

Investigation of record keeping (regulation 16 of the Disciplinary Procedures Regulations)

82

Decision as to treatment for which fees may be charged by doctors (regulation 17 of the Disciplinary Procedures Regulations)

83

Functions of Local Medical Committees

84

PART 8 — MISCELLANEOUS

Details to be included on prescription forms etc.

85

Transitory interpretation of references in statutory provisions to primary medical services

86

Transitory interpretation of references to general medical services contracts

87

PART 9 — SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

Meaning of suitable experience

88

Saving of Article 144 of the Trade Union and Labour Relations (Northern Ireland) Order 1995

89

Transitional provision in relation to the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

90

Transitory modification of Article 21 of the 1991 Order

91

Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994

92

Transitory modification of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998

93

Minor and consequential amendments

94

Revocations

95

SCHEDULE 1 — MINOR AND CONSEQUENTIAL AMENDMENTS

The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976

1

Medicines (Pharmacy and General Sale – Exemption) Order 1980

2

The Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985

3

General Ophthalmic Services Regulations (Northern Ireland) 1986

4

Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994

5

The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996

6

The General Dental Services Regulations (Northern Ireland) 1993