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

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 Order⁴⁶, 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.

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

90

Notwithstanding the amendments made to the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001⁴⁷. 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)⁴⁸, 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

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

1

• (1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976⁴⁹ 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 1980⁵⁰ 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) 1985⁵¹, in Part 1 of Schedule 1 (rules)⁵², 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

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

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

5

The Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994⁵³ 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 57G⁵⁴ of that Order”.

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

6

• (1) The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996⁵⁵ 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) 1993⁵⁶, in regulation 2 (interpretation)⁵⁷ –

• (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 Order⁵⁸

;”

The Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996

8

Subject to Articles 70 to 80, the Health and Personal Social Services (Disciplinary Procedures) Regulations 1996⁵⁹ 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);

• (c) in regulation 4 (provisions relating to the start of disciplinary proceedings) –

• (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).

The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

9

• (1) The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001⁶⁰ 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) 2004⁶¹;

• (c) in the definition of “practitioner” –

• (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 2004⁶²;
• “GMS contract” means a contract under Article 57 of the 1972 Order⁶³;
• “PMS agreement” means an agreement made under Article 15B of the 1972 Order⁶⁴

• (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 1997⁶⁵ 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)⁶⁶, 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)1997⁶⁷ 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;

• (c) in the definition of “prescription form”,

• (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) 1999⁶⁸ –

• (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) 1999⁶⁹, 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) 2001⁷⁰ 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 2003⁷¹ 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.

The Health and Personal Social Services (Amendments relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003

16

In the Health and Personal Social Services Amendments relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003⁷², 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) 2004⁷³ (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

Editorial notes