The National Health Service (General Medical Services) Amendment (No. 3) Regulations 1997

Made: 15th October 1997

Laid before Parliament: 15th October 1997

Coming into force

The Secretary of State for Health, in exercise of powers conferred on him by sections 15(1), 29, 45(1) and 126(4) of the National Health Service Act 1977¹ and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 3) Regulations 1997.

• (2) These Regulations shall come into force on 5th November 1997, except for regulation 3, which shall come into force on 1st January 1998.

• (3) In these Regulations, “the 1992 Regulations” means the National Health Service (General Medical Services) Regulations 1992².

GMS local development schemes

2

• (1) In regulation 34 of the 1992 Regulations (payments to doctors), at the beginning of paragraph (1), insert “Subject to regulation 34B,”.

• (2) After regulation 34A³ insert—

(34B) (1) A Health Authority may as respects any financial year establish one or more GMS local development schemes if— (a) the Secretary of State has for the purposes of any such scheme as it may establish designated the Health Authority as the determining authority for the remuneration of doctors whose names are included in its medical list; and (b) such remuneration is of a description designated by the Secretary of State in relation to that financial year for the purposes of section 97(3A)(d) of the Act. (2) Schedule 7A defines a GMS local development scheme, and makes further provision in connection with them. (3) The Health Authority shall consult the Local Medical Committee— (a) before establishing a GMS local development scheme; and (b) before making any determination of remuneration for the purposes of a GMS local development scheme, and before amending or revoking any such determination. (4) In respect of each financial year the Health Authority shall make payments in accordance with the determination to those doctors whose names are included in its medical list who qualify by virtue of the determination for such payments. (5) As soon as reasonably possible after the end of each financial year, the Health Authority shall publish the following information about the GMS local development schemes established in its area as respects that financial year— (a) the aggregate amount of all the payments under paragraph (4) made or due to doctors in respect of that financial year for all the Health Authority’s GMS local development schemes taken together; (b) the number of such doctors; and (c) a description of the aspects of general medical services which were the subject of the Health Authority’s GMS local development schemes in that financial year.

• (3) In regulation 35 of the 1992 Regulations (claims and overpayments), in paragraph (1), at the end insert “or (as the case may be) with the terms of a GMS local development scheme”.

• (4) After Schedule 7 to the 1992 Regulations, insert Schedule 7A as set out in the Schedule to these Regulations.

General Practice (GP) Registrars

3

• (1) The 1992 Regulations are amended as follows.

• (2) In regulation 2(1) (interpretation), omit the definition “trainee general practitioner” and insert the following definition in the appropriate alphabetical position—

• “General Practice (GP) Registrar” means a doctor who is being trained in general practice by a doctor whose name is included in a medical list;

• (3) In regulation 8 (local directory of family doctors), in paragraph (1)(f), for “trainee general practitioners” substitute “General Practice (GP) Registrars”.

• (4) In Schedule 2 (terms of service for doctors)—

• (a) in paragraph 1 (interpretation), in the definition of “assistant”, for “trainee general practitioner” substitute “General Practice (GP) Registrar”; and

• (b) in paragraph 22A⁴ (which requires doctors who are engaged as deputies or employed as assistants to satisfy certain conditions), in paragraph (c), for “trainee general practitioner” substitute “General Practice (GP) Registrar”.

• (5) In Part II of Schedule 3 (information and undertakings to be included in an application to fill a vacancy), in each of paragraphs 19(a) and 20, for “trainee” substitute “General Practice (GP) Registrar”.

SCHEDULE — NEW SCHEDULE 7A TO BE INSERTED IN 1992 REGULATIONS

Signed

Frank Dobson — One of Her Majesty’s Principal Secretaries of State, Department of Health — 15th October 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 (“the 1992 Regulations”) which regulate the terms on which general medical services are provided under the National Health Service Act 1977 (“the Act”).

Regulation 2 inserts a new regulation 34B into the 1992 Regulations. This regulation enables a Health Authority to establish one or more general medical services local development schemes (“LDSs”), provided it has been designated as a determining authority by the Secretary of State and the remuneration is of a description designated by the Secretary of State for that purpose under section 97(3A)(d) of the Act.

The new Regulation 34B also requires a Health Authority to consult its Local Medical Committee before establishing LDSs and before making any determination of remuneration for LDSs; to make payments in accordance with the determination for each financial year to doctors on its medical list who qualify; and to publish certain information about the LDSs established in its area.

Regulation 2(3) makes a consequential amendment to regulation 35 of the 1992 Regulations.

Regulation 2(4) and the Schedule insert a new Schedule 7A to the 1992 Regulations, which makes further provision about LDSs. In particular, Schedule 7A defines an LDS and provides that the Health Authority must be satisfied of specified criteria before it can establish an LDS. It provides that LDSs cannot be used to duplicate any payment for which provision is made in the Statement referred to in regulation 34(1) of the 1992 Regulations, but may be used to make payments in addition to payments made under the Statement.

Regulation 3 amends the 1992 Regulations to substitute the term “General Practice (GP) Registrar” for “trainee general practitioner” with a small change in the definition, and to make consequential amendments.

Footnotes