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

• (a) circumstances arise which would entitle the Board on or before that date to terminate the default contract under the term of the default contract equivalent to paragraph 105 of Schedule 5 to the 2004 Regulations; and

• (b) the Board has not terminated the default contract on those grounds,

those circumstances shall, for the purposes of the term of the general medical services contract which gives effect to paragraph 105 of Schedule 5 to the 2004 Regulations, be regarded as if they had arisen during the existence of the general medical services contract.

Notifications to patients affected by differences between the terms of a default and a general medical services contract

53

Where, in a case to which this Part applies –

• (a) the range of services provided to the registered patients of the general medical services contractor is to be different from that provided by the default contractor; or

• (b) patients who were on the default contractor’s list of patients are not to be included on the list of patients of the general medical services contractor as a result of a change in the practice area,

the Board shall notify those patients in writing of the change and inform them of the steps they can take to obtain elsewhere the services in question or, as the case may be, register elsewhere for the provision of essential services (or their equivalent).

PART 4 — TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS

Assignment of patients

54

Where, on 31st March 2004, a person had applied to the Agency for assignment to a medical practitioner under regulation 4 of the Choice Regulations but that application had not yet been determined, the Board shall –

• (a) assign the patient in accordance with the terms of the contract, to –

• (i) a default contractor, or

• (ii) a general medical services contractor; or

• (b) otherwise make arrangements for the applicant to be provided with essential services (or their equivalent) in the area of the Board.

PART 5 — TRANSITIONAL PROVISIONS RELATING TO THE 1997 REGULATIONS

Interpretation of this Part

55

In this Part –

• “continuing matter” means any case, other than a case falling within paragraph 2, where a Board had not yet come to a decision on any matter under the 1997 Regulations,

and terms used shall bear the same meaning in this Part that they have in the Regulations.

Allocation of medical practitioners on previous lists

56

In the case of a medical practitioner, whose name, immediately before 1st April 2004, was included in a Board’s medical list, his name shall on that day, be included in its primary medical services performers list.

Applications not decided on 1st April 2004

57

In any case where there was any application, including an application which the Board has deferred, by a medical practitioner to a Board for his name to be included in its medical list and that application has not been decided before 1st April 2004, it shall be deemed to be an application to have his name included in the primary medical performers list of that Board.

Matters relating to the medical practitioner

58

• (1) Subject to sub-paragraph (3), in a case falling within paragraph 2, any matter, question or proceeding relating to any medical practitioner under the 1997 Regulations that had not been finally decided before 1st April 2004, shall be treated as though it had arisen in relation to the primary medical services performers list in which that medical practitioner has been included or, but for that matter, would have been included and shall continue to be dealt with by the Board.

• (2) In a case where the medical practitioner’s name was included on a medical list immediately before 1st April 2004 and if he was then suspended from that list, that suspension shall equally apply to the primary medical services performers list in which his name is included on and after 1st April 2004 as it did, in relation to the medical list, before that date.

• (3) In any case where there is any continuing matter and that matter had not been finally decided before 1st April 2004, it shall be treated as though it had arisen in relation to the primary medical services performers list in which that medical practitioner has been included or, but for that matter, would have been included.

PART 6 — TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES

Interpretation of this Part

59

In this Part –

• “out of hours arrangement” means – in relation to the period before 1st April 2004, an arrangement under paragraph 20(2) of Schedule 2 to the 1997 Regulations²⁸, or in relation to the period from 1st April 2004, means an arrangement under the terms of a general medical services contract which gives effect to paragraph 1(2) of Schedule 6 to the 2004 Regulations (or the equivalent term of a default contract);

• “out of hours services” means services required to be provided in all or part of the out of hours period which – would be essential services if provided in core hours, or are included – in a default contract as additional services funded under Article 35(2) of the No. 1 Order, or in a general medical services contract as additional services funded under the global sum.

Terms of general medical services contracts and default contracts

60

Unless the contract or agreement is of a type or nature to which a particular Article does not apply –

• (a) a general medical services contract shall include or be deemed to include terms which have the effect specified in Articles 61 to 69, 67 and 68;

• (b) a default contract shall include or be deemed to include terms which have the effect specified in Articles 61 to 64, 66, 67 and 68.

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

61

• (1) Where, on or before 31st March 2004, a medical practitioner had applied to the Board for approval of an out of hours arrangement under paragraph 20(7) of Schedule 2 to the 1997 Regulations but that application had not yet been determined, it shall, if the medical practitioner meets the requirements in paragraph (2), be treated, on 1st April 2004, as if it were an application made by the general medical services contractor under the term of his contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations (or by the default contractor under the equivalent term of his default contract) subject to the modification that the period of 28 days referred to in the term giving effect to paragraph 2(2) of Schedule 6 (or in the equivalent term of the default contract) shall be treated as beginning with and including the day on which the Board received the application under paragraph 20(7) of Schedule 2 to the 1997 Regulations.

• (2) The requirements referred to in sub-paragraph (1) are that the medical practitioner –

• (a) has entered as an individual medical practitioner into a general medical services contract, or a default contract;

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

• (c) is a legal and beneficial shareholder in a company which has entered into a general medical services contract.

• (3) In any application which falls within paragraph (1) –

• (a) any references to the patients of the medical practitioner shall be deemed 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 deemed 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 a local holiday agreed with the Board;

• (c) in any reference to part of the out of hours period –

• (i) any reference to 7pm on Monday to Friday shall be deemed 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 deemed 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 into 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.

Approvals of out of hours arrangements under general medical services and default contracts

62

• (1) Where, on 31st March 2004 –

• (a) a medical practitioner had approval from a Board of an out of hours arrangement; and

• (b) that approval had not been withdrawn under paragraph 21 of Schedule 2 to the 1997 Regulations and the withdrawal taken effect,

that approval shall, if the medical practitioner meets the requirements in Article 61(2), be treated from 1st April 2004 as if it were an approval granted to the general medical services contractor by the Board pursuant to the term of his contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations (or to the default contractor under the equivalent term of his default contract) except in the circumstances specified in paragraph (2).

• (2) The circumstances referred to in paragraph (1) are that the approval under paragraph 20 of Schedule 2 to the 1997 Regulations 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.

• (3) The terms of an approval granted pursuant to paragraph (1) shall be the same as those of the approval granted under paragraph 20 of Schedule 2 to the 1997 Regulations except that –

• (a) any references to the patients of the medical practitioner shall be deemed 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 deemed 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 a local holiday agreed with the Board;

• (c) in any reference to part of the out of hours period –

• (i) any reference to 7pm on Monday to Friday shall be deemed 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 deemed 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.

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

63

• (1) Where –

• (a) on or before 31st March 2004, a Board had notified a medical practitioner under paragraph 20(10) of Schedule 2 to the 1997 Regulations that it had refused approval of an out of hours arrangement; 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 20(11) of Schedule 2 to the 1997 Regulations had not expired on or before 31st March 2004, that refusal shall be treated as if it were a refusal under the term of the general medical services contract referred to in paragraph (1)(b) which gives effect to paragraph 2 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 of the general medical services contract giving effect to paragraph 2(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 20(10) was sent.

• (3) In a case where, on 31st March 2004, an appeal had been made under paragraph 20(11) but not yet been determined or withdrawn, that appeal shall continue to be dealt with as if paragraph 20 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 referred to in paragraph (1)(b) which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations (or under the equivalent term of the relevant 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) For the purposes of an appeal dealt with pursuant to this Article, the application which is the subject of the appeal shall be read as if –

• (a) any references to the patients of the medical practitioner were 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 were 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;

• (c) in any reference to part of the out of hours period –

• (i) any reference to 7pm on Monday to Friday were a reference to 6.30pm, and

• (ii) any reference to 1pm on Saturday were a reference to 6.30pm on Friday; and

• (d) any references to a particular transferee doctor were 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.

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

64

• (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, 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;

• (c) in any reference to part of the out of hours period –

• (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 Regulations²⁹ 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

• (c) the making and determining of appeals under paragraph 20 of Schedule 2 to those Regulations.

• (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 2004³⁰ 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) 2004³¹;
• “general medical services contractor” means a person who holds a contract under Article 57 of the 1972 Order³²;
• “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 2004³³.

• (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.

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

Interpretation

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• (1) In this Part –

• “the Disciplinary Procedures Regulations” means the Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland)1996³⁴;

• “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)

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• (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)

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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)

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• (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)

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• (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;

• (c) pursuant to regulation 8(5)(a), determine that an amount shall be recovered from the doctor; or

• (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)

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• (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;

• (c) to regulation 8(5)(a) and 9(3) or 11, that an amount shall be recovered from the doctor; or

• (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)

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• (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)

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• (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) 1976³⁵ 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)

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• (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,

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 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)

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• (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

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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.

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• (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

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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

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• (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)³⁶, 5(3)(aa)³⁷ and 6(2)³⁸;

• (b) the Access to Health Records (Northern Ireland) Order 1993³⁹, Article 3(2)(a);

• (c) the Trade Union and Labour Relations (Northern Ireland) Order 1995⁴⁰, Article 144(2);

• (d) the Employment Rights (Northern Ireland) Order 1996, Article 67K(1)(ba)⁴¹;

• (e) the Health and Personal Social Services (Northern Ireland) Order 1991, Article 21(3)(a) and (b)⁴².

PART 9 — SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

Meaning of suitable experience

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• (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 1978⁴³, 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) 1998⁴⁴ (exemptions); or

• (d) has an acquired right to practise pursuant to regulation 5 of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994⁴⁵, 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