COMMENTED by
The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (Note)

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

STATUTORY INSTRUMENTS

2004 No. 1016 (W.113)

NATIONAL HEALTH SERVICE, WALES

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

Made 31st March 2004

Coming into force 1st April 2004

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 176, 195(1), 200 and 201 of the Health and Social Care (Community Health and Standards) Act 2003[1], hereby makes the following Order:

PART 1

GENERAL

Citation, commencement, application and interpretation

1. - (1) This Order may be cited as the General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 and shall come into force on 1st April 2004.

(2) This Order applies only in relation to Wales.

(3) In this Order -

"the 1990 Act" means the National Health Service and Community Care Act 1990[2];

"the 1992 Regulations" means the National Health Service (General Medical Services) Regulations 1992[3];

"the 2003 Act" means the Health and Social Care (Community Health and Standards) Act 2003;

"the 2003 Order" means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[4];

"the 2004 Regulations" means the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004[5];

"additional services" has the same meaning as in the 2004 Regulations;

"the Assembly" means the National Assembly for Wales;

"bank holiday" means any day that is specified or proclaimed as a bank holiday pursuant to section 1 of the Banking and Financial Dealings Act 1971[6];

"the Choice Regulations" means the National Health Service (Choice of Medical Practitioner) Regulations 1998[7];

"core hours" means the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;

"default contract" means a contract under article 13 of the Transitional Order and "default contractor" shall, except in Part 3, where it has the meaning given in article 40(3), be construed accordingly;

"essential services" means the services described in regulation 15(3), (5), (6) and (8) of the 2004 Regulations;

"FHSAA" means the Family Health Services Appeal Authority constituted under section 49S of the 1977 Act[8];

"general medical services contract" means a contract under section 28Q of the 1977 Act and general medical services contractor shall, except in Part 3, where it has the meaning given in article 40(3), be construed accordingly;

"list of patients" means -

(a) in relation to a person providing general medical services under section 29 of the 1977 Act[9], the list of patients of a medical practitioner prepared by the Local Health Board under regulation 19 of the 1992 Regulations; and

(b) in relation to a general medical services contractor or a default contractor, the list prepared and maintained by the Local Health Board under the term of a general medical services contract which gives effect to paragraph 14 of Schedule 6 to the 2004 Regulations or under the equivalent term of a default contract;

"Local Medical Committee" means -

(a) until 1st April 2004, a committee recognised under section 44 of the 1977 Act[10];

(b) from that date, a committee recognised under section 45A of that Act[11];

"medical list" means the list of medical practitioners undertaking to provide general medical services for persons in its area kept by a Local Health Board under regulations made under section 29(2)(a) of the 1977 Act[12];

"medical performers list" means a list of medical practitioners prepared and published pursuant to regulation 3(1) of the Performers Lists Regulations;

"the NHS dispute resolution procedure" means, except in Part 4, the procedure for resolution of disputes specified in paragraphs 99 and 100 of Schedule 6 to the 2004 Regulations;

"Performers Lists Regulations" means the National Health Service (Performers Lists) (Wales) Regulations 2004[13];

"practice premises" , in relation to a person providing services under section 29 of the 1977 Act has the same meaning as in regulation 2(1) of the 1992 Regulations and, in relation to a general medical services contractor or a default contractor, has the same meaning as in regulation 2(1) of the 2004 Regulations;

"registered patient" means -

(a) a person who is recorded by the Local Health Board as being on the list of patients of a default contractor or a general medical services contractor, or

(b) a person whom a default contractor or a general medical services contractor has accepted for inclusion on its list of patients, whether ...

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