The National Health Service (General Medical Services) Regulations 1992

• (b) whether the doctor uses a separate formulary;

• (c) the doctor’s arrangements for the issue of repeat prescriptions to patients.

Signed

William Waldegrave — Signed by One of Her Majesty’s Principal Secretaries of State — 10th March 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, those provisions of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 (“the 1974 Regulations”) which relate to general medical services. The provisions of the 1974 Regulations which relate to pharmaceutical services are consolidated, with amendments, in the National Health Service (Pharmaceutical Services) Regulations 1992. The 1974 Regulations and all subsequent amendments are revoked by regulation 26 and Schedule 4 to the National Health Service (Pharmaceutical Services) Regulations 1992. These Regulations therefore regulate the terms on which general medical services are provided under the National Health Service Act 1977.

The principal changes effected by these Regulations are the following.

Regulation 5 makes provision for inclusion in a medical list or to succeed to a vacancy. Where the report which a Family Health Services Authority (“FHSA”) has to send to the Medical Practices Committee does not support a doctor’s application, the Medical Practices Committee is required to show that part of the report to the doctor concerned. Where the Medical Practices Committee refuses an application which the FHSA did support, regulation 14 requires it to send to the doctor that part of the report which did support the application. Regulation 5 and the various sections of Part III of Schedule 3 make provision for the content of reports from FHSAs to the Medical Practices Committee, first, in respect of different kinds of application and secondly, where an application is for inclusion in the medical list of more than one FHSA.

The Regulations enable a doctor to appeal against a decision of an FHSA concerning the number of patients on his list (regulation 24). Provision is included to ensure that doctors are given notice of hearings and of appeals relating to their admission onto the child health surveillance list, the obstetric list and the minor surgery list and that they are given reasons for decisions in such cases.

The Regulations contain new provisions relating to the inclusion of a doctor in an obstetric list and the provision of maternity medical services. The procedure for admission to an obstetric list, which reflects that applicable to admission to a child health surveillance list and a minor surgery list, is set out in regulation 30. The criteria to be considered by an FHSA in deciding whether to admit a doctor to such an obstetric list, which relate to that doctor’s obstetric qualifications and experience, are contained in Part I of Schedule 5. Arrangements for maternity medical services and the obligations of a doctor who has undertaken to provide such services are contained in regulation 31 and Part II of Schedule 5, respectively. Maternity medical services are defined to comprise four component parts and a doctor who undertakes to provide maternity medical services may undertake to do so in respect of any or all of those parts.

The provisions in the doctors' terms of service (Schedule 2) concerning arrangements made by a doctor for the provision of general medical services by a deputy are amended to clarify the extent of a doctor’s obligation to give treatment personally.

These Regulations also make a number of amendments to the 1974 Regulations which are minor or consequential drafting amendments or procedural in nature.

Footnotes

[^f00001]: 1977 c. 49.

[^f00002]: Section 10 was substituted by section 5(1) of the Health and Social Security Act 1984 (c. 48) and amended by section 2(3)of the National Health Service and Community Care Act 1990 (c. 19). By virtue of section 2(1)(b) of the National Health Service and Community Care Act 1990, references in any Act to a Family Practitioner Committee fall to be construed as references to a Family Health Services Authority.

[^f00004]: Section 44 was amended by section 12(4) of the National Health Service and Community Care Act 1990 (c. 19).

[^f00005]: 1983 c. 54.

[^f00006]: S.I. 1992/662.

[^f00007]: 1977 c. 49; section 46 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8, and modified by S.I.1985/39, article 7(16).

[^f00008]: See S.I. 1992/660.

[^f00009]: See column 2 of Schedule 1 to these Regulations for the relevant amendments to section 29.

[^f00010]: Section 15(1) was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraphs 35 and 90 and by the Health and Social Security Act 1984 (c. 48), section 5(2) and Schedule 8, Part I.

[^f00011]: 1983 c. 54.

[^f00012]: Section 30(1A) was added by the Health and Social Security Act 1984, Schedule 3.

[^f00013]: Section 46 was amended by Schedule 8 to the Health and Social Security Act 1984 (c. 48) and by S.I.1985/39, article 7(16).

[^f00014]: 1983 c. 54.

[^f00015]: Section 29(8) was amended by paragraph 2(2) of Schedule 6 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

[^f00016]: 1983 c. 54.

[^f00017]: Subsection (2A) was inserted into section 33 of the Act by section 23(2) of the National Health Service and Community Care Act 1990 (c. 19).

[^f00018]: Section 29(8) was amended by paragraph 2(2) of Schedule 6 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

[^f00019]: S.I. 1992/664.

[^f00020]: 1977 c. 49.

[^f00021]: 1980 c. 53.

[^f00022]: 1984 c. 48.

[^f00023]: 1990 c. 19.

[^f00024]: As to the manner in which these and other powers may be exercised, see also section 103(3) of the Medicines Act 1968 (c. 67) as amended by section 22(4) of the Health and Medicines Act 1988 (c. 49).

[^f00025]: 1983 c. 41.

[^f00026]: S.I. 1985/39.

[^f00027]: S.I. 1981/432.

[^f00028]: Section 41 was amended by paragraph 53 of Schedule 1 to, and by Schedule 3 to the Health Services Act 1980 (c. 53) and by S.I. 1985/39, article 7(13) and by paragraph 18 of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19).

[^f00029]: Section 46 was amended by Schedule 8 to the Health and Social Security Act 1984 (c. 48) and by S.I. 1985/39, article 7(16).

[^f00030]: S.I. 1976/615, as amended by S.I. 1982/699, 1987/409, 1987/1686 and 1992/247.

[^f00031]: 1975 c. 14.

[^f00032]: See S.I. 1976/615 and 1987/1968.

[^f00033]: 1982 c. 24; section 17 was amended by section 20 of the Social Security Act 1985 (c. 53).

[^f00034]: See S.I. 1985/1604, as amended by S.I. 1992/247.

[^f00035]: 1986 c. 50.

[^f00036]: See S.I. 1987/235, as amended by S.I. 1991/2284.

[^f00037]: 1988 c. 53.

[^f00038]: 1977 c. 49; section 38 was amended by the Health and Social Security Act 1984 (c. 48), section 1(3), by S.I. 1985/39, article 7(11), and by the Health and Medicines Act 1988 (c. 49), section 13(1).

[^f00039]: S.I. 1985/2066; the relevant amending instrument is S.I. 1986/2330.

[^f00040]: 1971 c. 38.

[^f00041]: 1968 c. 67. See S.I. 1983/1212 as amended by S.I. 1984/756, 1986/586, 1987/674, 1987/1250, 1988/2017 and 1989/1852.

[^f00042]: S.I. 1992/664.

[^f00043]: S.I. 1979/1644.

[^f00044]: S.I. 1979/1644.

[^f00045]: 28 & 29 Vict. c.73.

[^f00046]: 7 & 8 Geo. 5 c.51.

[^f00047]: 2 & 3 Geo. 6 c.83.

[^f00048]: 2 & 3 Geo. 6 c.82.

[^f00049]: 5 & 6 Geo. 6 c.26.

[^f00050]: 10 & 11 Geo. 6 c.19.

[^f00051]: 15 & 16 Geo. 6 and 1 Eliz. 2 c.8.

[^f00052]: 1975 c. 14.

[^f00053]: 1975 c. 16.

[^f00054]: 1982 c. 24.

[^f00055]: 1986 c. 50.

[^f00056]: 1988 c. 7.

[^f00057]: 1979 c. 36.

[^f00058]: 1 and 2 Eliz. 2 c.72

[^f00059]: 1983 c. 20.

[^f00060]: 1974 c. 23.

[^f00061]: 11 & 12 Geo. 6 c.64.

[^f00062]: 7 & 8 Geo. 6 c.15.

[^f00063]: 14 & 15 Geo. 6 c.10.

[^f00064]: 1980 c. 9.

[^f00065]: S.I. 1979/1644.