National Health Service (General Medical Services) Amendment Regulations 1996

JurisdictionUK Non-devolved

1996 No. 702

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical Services) Amendment Regulations 1996

Made 11th March 1996

Laid before Parliament 11th March 1996

Coming into force 1st April 1996

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

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 1996 and shall come into force on 1st April 1996.

(2) In these Regulations, “the principal Regulations” means the National Health Service (General Medical Services) Regulations 19922.

S-2 Amendment of regulation 4 of the principal Regulations

Amendment of regulation 4 of the principal Regulations

2. In regulation 4 of the principal Regulations (medical list), omit “and” at the end of paragraph (4)(e), and at the end of paragraph (4)(f) insert—

“and

(g)

(g) if he has made an arrangement under paragraph 18A(2) of the terms of service transferring responsibility for his patients at certain times to another doctor and, if so, the name of the doctor to whom and the times during which he has so transferred responsibility.”

S-3 Amendment of regulation 24 of the principal Regulations

Amendment of regulation 24 of the principal Regulations

3. In regulation 24 of the principal Regulations (limitation on number of persons on doctors’ lists), in paragraph (1)(a), for “paragraph 18” substitute “paragraphs 18 or 18A”.

S-4 Amendment of regulation 35 of the principal Regulations

Amendment of regulation 35 of the principal Regulations

4. In regulation 35 of the principal Regulations (claims and overpayments) in paragraph (2)(b), for “‘regulation 7(1)” and “regulation 10(1)(c)”, substitute “regulation 5(1)” and “regulation 9(1)(c)” respectively.

S-5 Amendment of Schedule 2 to the principal Regulations

Amendment of Schedule 2 to the principal Regulations

5.—(1) Schedule 2 to the principal Regulations (terms of service for doctors) is amended as follows.

(2) In paragraph 1, after the definition of “Drug Tariff” insert—

““notice” means notice in writing;”.

(3) In paragraph 4 (a doctor’s patients), in sub-paragraph (1)—

(a)

(a) in paragraph (1)—

(i) for “paragraph 19” substitute “paragraph 18(2)”, and

(ii) omit “under that paragraph”, and

(b)

(b) omit “and” at the end of paragraph (k), and at the end of paragraph (1) insert—

“and

(m)

(m) any person for whom he has accepted responsibility under an arrangement made under paragraph 18A(2).”.

(4) In paragraph 18 (absences, deputies, assistants and partners), in sub-paragraph (1), after “sub-paragraph (2)” insert “and paragraph 18A”.

(5) After paragraph 18 insert the following paragraphs—

“Out of hours arrangements(18A) (1) In this paragraph and in paragraph 18B—(a) “out of hours period” means—(i) the period beginning at 7pm on Mondays to Fridays and ending at 8am the following day,(ii) the period between 1pm on Saturday and 8am on the following Monday, and(iii) Good Friday, Christmas Day and bank holidays,and “part” of an out of hours period means any part of any one or more of the periods described in paragraphs (i) to (iii);(b) “out of hours arrangement” means an arrangement under sub-paragraph (2); and(c) “transferee doctor” means a doctor who has undertaken to carry out the obligations of another doctor under these terms of service during part or all of the out of hours period in accordance with an out of hours arrangement.(2) Subject to sub-paragraphs (3) to (15), a doctor may, with the approval of the Health Authority, make an arrangement with a doctor who is on a medical list to transfer his obligations under the terms of service during part or all of the out of hours period to that other doctor.(3) A doctor may make more than one out of hours arrangement; and may do so (for example) with different transferee doctors and in respect of different patients, different times and different parts of his practice area.(4) A doctor may retain responsibility for, or make separate out of hours arrangements in respect of, the provision of maternity medical services to patients with whom he has made an arrangement under regulation 31.(5) Nothing in this paragraph prevents a doctor from retaining or resuming his obligations in relation to named patients.(6) Where a doctor is on the obstetric list, he shall not make an out of hours arrangement in respect of the provision of maternity medical services to patients with whom he has made an arrangement under regulation 31, unless the transferee doctor is also on an obstetric list.(7) An application to the Health Authority for approval shall be made in writing and shall state—(a) the name and address of the proposed transferee doctor and, where his name is included in the list of another Health Authority, the number of patients on his list;(b) the periods during which the doctor’s obligations under these terms of service are to be transferred;(c) how the proposed transferee doctor intends to meet the doctor’s obligations during the periods specified under paragraph (b);(d) the arrangements for the transfer of the doctor’s obligations under these terms of service to and from the transferee doctor at the beginning and end of the periods specified under paragraph (b);(e) whether the proposed arrangement includes the doctor’s obligations in respect of maternity medical services;(f) how long the proposed arrangements are intended to last and the circumstances in which the doctor’s obligations under these terms of service during the periods specified under paragraph (b) would revert to him;(g) what arrangements are proposed to enable the doctor’s patients to contact the proposed transferee doctor, and(h) where the proposed transferee doctor’s name is included in the list of another Health Authority, whether—(i) he has been notified under regulation 24(4) of the National Health Service (Service Committees and Tribunal) Regulations3 that the Tribunal intends to hold an inquiry under section 46 of the 1977 Act as to representations made in relation to him, or(ii) he has been notified under section 42(5) of the Medical Act 19834...

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