The National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) (Amendment) (No. 2) Regulations 2024

Made: at 9.18 a.m. on 25 October 2024

Laid before Senedd Cymru: at 3.45 p.m. on 25 October 2024

Coming into force: 15 November 2024

The Welsh Ministers in exercise of the powers conferred by sections 46(2), 203(9) and (10) and 204(1)(b) of the National Health Service (Wales) Act 2006[^f00001], make the following Regulations.

Title and coming into force

1

• (1) The title of these Regulations is the National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) (Amendment) (No. 2) Regulations 2024.

• (2) These Regulations come into force on 15 November 2024.

Amendment to the National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) Regulations 2004

2

• (1) The National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) Regulations 2004[^f00002] are amended as follows.

• (2) After regulation 1 (citation, commencement and application) insert—

(1A) In these Regulations, “general medical services contract” means a general medical services contract under section 42 of the National Health Service (Wales) Act 2006[^f00003] (general medical services contracts: introductory).

• (3) In Schedule 2 (drugs or medicines to be ordered only in certain circumstances)—

• (a) In the table, in column 2 (patient), in the entry for “GnRH analogue”, in paragraph (2), for “to whom the general medical practitioner is providing treatment under the contract” substitute “who is receiving treatment under a general medical services contract”.

• (b) After the table, in the interpretation provision omit the definition of “general medical practitioner”.

Signed

Jeremy Miles — Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

At 9.18 a.m. on 25 October 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) Regulations 2004 (S.I. 2004/1022 (W. 119)) (“the principal Regulations”), which make provisions as to the drugs, medicines or other substances that may be ordered for patients in the provision of medical services under a general medical services contract (“GMS contract”) within the meaning of section 42 of the National Health Service (Wales) Act 2006 (c. 42).

Regulation 2(2) omits the definition of “general medical practitioner” to widen who the restrictions in the principal Regulations apply to. This change recognises the increase in the use of independent prescribers (including medical and non-medical prescribers) in GMS settings and makes clear that the restrictions apply to any person prescribing under a general medical services contract including prescribing by independent prescribers.

Regulation 2(3) amends the wording in Schedule 2 to the principal Regulations to clarify that the restrictions relate to any prescriptions of gonadotrophin-releasing hormone (“GnRH”) analogue under a GMS contract.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained by contacting the Health and Social Services Group, Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 2006 c. 42.

[^f00002]: S.I. 2004/1022 (W. 119); relevant amending instruments are S.I. 2005/366 (W. 32), S.I. 2009/1838 (W. 166), S.I. 2013/683 (W. 81), S.I. 2014/109 (W. 09), S.I. 2016/90 (W. 43), S.I. 2020/1396 (W. 309) and S.I. 2024/774 (W. 115).

[^f00003]: 2006 c. 42.