National Health Service (General Medical and Pharmaceutical Services) Regulations 1974

JurisdictionUK Non-devolved
CitationSI 1974/160

1974 No. 160

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974

4thFebruary 1974

8thFebruary 1974

1stApril 1974

ARRANGEMENT OF REGULATIONS

PART I

GENERAL

Regulation

1. Citation and commencement.

2. Interpretation.

PART II

DOCTORS

3. Terms of service.

4. Medical list.

5. Removal from the medical list.

6. Withdrawal from the medical list.

7. Application for inclusion on the medical list or to succeed to a vacancy.

PART III

MEDICAL PRACTICES COMMITTEE

8. Appointment of members and tenure and vacation of office.

9. Reports by the Committee.

10. Advertisement of vacancies.

11. Procedure for the determination of applications.

12. Appeal to the Secretary of State.

13. Certificate that transaction does not involve sale of goodwill.

PART IV

METHOD OF OBTAINING GENERAL MEDICAL SERVICES OTHER THAN MATERNITY MEDICAL SERVICES

14. Application for acceptance by doctor.

15. Allocation Joint Committee.

16. Assignment of persons to doctors.

17. Limitation of number of persons on doctors' lists.

18. Change of doctor.

19. Temporary arrangements for practice on retirement, death, etc.

20. Removal of person from doctor's list.

21. Arrangements for temporary residents.

22. Doctors' lists.

PART V

METHOD OF OBTAINING MATERNITY MEDICAL SERVICES

23. Application for services.

PART VI

PAYMENTS TO DOCTORS

24. Payments to doctors.

PART VII

CHEMISTS

25. Terms of service.

26. Pharmaceutical list.

27. Removal from pharmaceutical list.

28. Standards of and payments for drugs and appliances.

29. Schemes for securing proper pharmaceutical services.

PART VIII

SUPPLY OF DRUGS, ETC. BY DOCTORS

30. Arrangements for supply by doctors of drugs and appliances.

PART IX

MISCELLANEOUS

31. Publication of particulars.

32. Exercise of choice of doctor or chemist in certain cases.

33. Claims and overpayments.

34. Reports by Local Medical Committees.

35. Revocation of regulations.

SCHEDULES

1.—Part I —Terms of service for doctors
                 Part II —Form of application for inclusion in medical list
                 Part III—Form of application for filling a vacancy
                2.—Form of certificate to be issued by Medical Practices Committee under
                 section 35(9) of the National Health Service Act 1946
                3.—List of prescribed medical certificates
                4.—Part I —Terms of service for chemists.
                 Part II —Application for inclusion in pharmaceutical list by registered
                 pharmaceutical chemist and authorised seller of poisons.
                 Part III—Application for inclusion in pharmaceutical list by person other
                 than registered pharmaceutical chemist and authorised seller of
                 poisons.
                 Part IV —Notice to be exhibited by registered pharmaceutical chemists and
                 authorised sellers of poisons.
                 Part V —Notice to be exhibited by persons other than registered pharma-
                 ceutical chemists and authorised sellers of poisons.
                 Part VI —Notice to be exhibited by registered pharmaceutical chemists and
                 authorised sellers of poisons when the premises are closed.
                

5.—Provisions conferring powers exercised in making these regulations.

The Secretary of State for Social Services in exercise of powers conferred by the provisions set out in Column 1 of Schedule 5 Part I to these regulations as amended by the provisions set out in Column 2 of Part I of the said Schedule and now vested in him (a) and of powers conferred on him by the provisions set out in Schedule 5 Part II to these regulations and of all other powers enabling him in that behalf, hereby makes the following regulations:—

PART I

GENERAL

Citation and commencement

1. These regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 and shall come into operation on 1st April 1974.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

"the Act" means the National Health Service Act 1946(b);

"appliance" means an appliance which is a listed appliance within the meaning of section 38(1) of the Act;

"area" means in relation to an Authority or Committee the area for which the Authority or Committee is constituted;

"assistant" means a doctor who is acting as an assistant to a doctor on the medical list;

"Authority" means Area Health Authority;

"chemical reagent" means a chemical reagent which is a listed chemical reagent within the meaning of section 38(1) of the Act;

"chemist" means a registered pharmaceutical chemist who provides pharmaceutical services or an authorised seller of poisons within the meaning of the Pharmacy and Poisons Act 1933(c) who provides such services;

"Committee" means Family Practitioner Committee;

"doctor" means a fully registered medical practitioner;

"drugs" includes medicines and chemical reagents;

(a) See Secretary of State for Social Services Order 1968.(S.I.1968/1699 (1968 III, p. 4585)) Article 2.

(b) 1946 c. 81.

(c) 1933 c. 25.

"Drug Tariff" has the meaning assigned to it in regulation 28;

"enactment" includes an enactment in a statutory instrument;

"listed drugs and medicines" means such drugs and medicines as are included in a list for the time being approved by the Secretary of State for the purposes of section 38(1)(b) of the Act;

"Local Obstetric Committee" means a committee recognised by the Secretary of State for the area of an Authority for the purpose of approving, in accordance with such conditions as the Secretary of State may determine after consultation with such organisations as he may recognise as representing doctors, the obstetric experience of a doctor;

"maternity medical services" means personal medical services in respect of pregnancy, confinement and the post-natal period provided by a doctor in accordance with such arrangements and subject to such conditions as may be determined by the Secretary of State after consultation with such organisations as he may recognise as representing doctors;

"medical card" means a card, in a form approved by the Secretary of State, issued to a person for the purpose of enabling him to obtain or establishing his title to receive general medical services other than maternity medical services from a doctor and includes any similar card provided for the purpose of enabling a person to obtain medical benefit under the National Health Insurance (Medical Benefit) Regulations 1936(a);

"medical list" has the meaning assigned to it in regulation 4(1);

"medical officer" means a doctor in the service of the Department of Health and Social Security, or of the Welsh Office, as the case may be;

"obstetric list" means a list of doctors whose experience in obstetrics is for the time being approved by the Local Obstetric Committee or the Secretary of State;

"practice area" means the area in which a doctor is under an obligation to visit patients, either by virtue of his application for inclusion on the medical list or any variation therein pursuant to the regulations or the terms of service;

"relevant service" means whole-time service in the armed forces of the Crown in a national emergency as a volunteer or otherwise, or compulsory whole-time service in those forces, including service resulting from any reserve liability, or any equivalent service by a person liable for compulsory whole-time service in those forces;

"terms of service" means, in relation to doctors, the terms of service contained or referred to in Part I of Schedule 1 to these regulations, and, in relation to chemists, the terms of service contained or referred to in Part I of Schedule 4 to these regulations;

"trainee general practitioner" means a doctor who is being trained in general practice under an arrangement approved by the Secretary of State;

"treatment" means medical attendance and treatment, but does not include maternity medical services unless the doctor has undertaken to provide such services to the woman concerned in accordance with these regulations.

(2) These regulations shall apply to a person, firm or body corporate (other than a chemist, doctor or a dental practitioner) providing pharmaceutical services as they apply to a chemist.

(a) S.R. & O. 1936/1163 (1936 II, p. 1877).

(3) Except where expressly provided to the contrary, any document which is required or authorised to be given to a doctor or chemist under these regulations or the terms of service may be given by delivering it to the doctor or chemist or by sending it in a pre-paid letter addressed to him at his usual or last known address.

(4) Unless the context otherwise requires, references in these regulations and the terms of service to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

(5) References in any other regulations to the regulations revoked by these regulations or to any provision thereof shall be construed as references to these regulations or to the corresponding provision thereof, as the case may be.

(6) Unless the context otherwise requires, any references in these regulations to a numbered regulation is a reference to the regulation bearing that number in these regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

(7) Unless the context otherwise requires, any references in these regulations to a form thereby prescribed shall include references to a form substantially to the like effect.

(8) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.

PART II

DOCTORS

Terms of service

3. The arrangements with doctors for the provision of general medical services which it is under section 33 of the Act the duty of an Authority to make and under section 7(3) of the National Health Service Reorganisation Act 1973(b) of the Committee to administer, shall incorporate the terms of service.

Medical List

4.—(1) The Committee shall prepare a list...

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