National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1989

Publication Date:January 01, 1989

1989No. 1897

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical and

Pharmaceutical Services) Amendment (No. 2) Regulations 1989

15thOctober1989

16thOctober1989

with regulation 1(2)with regulation 1(2)

for certain purposes

7thNovember1989

for certain other purposes

1stDecember1989

for certain other purposes

1stJanuary1990

for all remaining purposes

1stApril1990

The Secretary of State for Health, in exercise of powers conferred by sections 15(1)(b), 29, 41, 42, 126(1) and (4), 127(a) and 128(1) of, and paragraph 10(1) of Schedule 5 to, the National Health Service Act 1977 ( a) and section 8 of the Health and Medicines Act 1988 ( b), and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971 ( c), hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1989.

(2) These Regulations shall come into force-

(a) for the purposes of regulations 1, 5(c), 6, 7, 14, 16, 18, 21(a) (to the extent that it relates to paragraph 11 of Schedule 1) and 24(3), on 7th November 1989;(b) for the purposes of regulation 23, on 1st December 1989;(c) for the purposes of regulations 3(b) (to the extent that it relates to paragraph 25 of Schedule 1, and to Schedule 1C, to the principal Regulations), 4 (to the extent that it inserts regulations 3A(1) to (10) and (16) and 3B(1) to (10) and (16) into the principal Regulations), 21(a) (to the extent that it relates to paragraph 9 of Schedule 1) and (c) and 22 (to the extent that it relates to Schedule 6), on 1st January 1990;(d) for all other purposes, on 1st April 1990.

(3) In these Regulations "the principal Regulations" means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ( d).

(a) 1977 c.49; section 15(1) was amended by the Health Services Act 1980 (c.53) ("the 1980 Act"), Schedule 1, paragraphs 35 and 90, and by the Health and Social Security Act 1984 (c.48), section 5(2) and Schedule 8; section 29 was amended by the 1980 Act, section 7 and Schedule 1 paragraph 42, and by the Health and Social Services and Social Security Adjudications Act 1983 (c.41) ("the 1983 Act"), Schedule 6, paragraph 2; section 41 was amended by the 1980 Act, section 20(1) and Schedule 1, paragraph 53 and Schedule 7; section 42 was substituted by section 3(1) of the National Health Service (Amendment) Act 1986 (c.66) and amended by S.I. 1987/2202, article 4; sections 29 and 41 were each modified by S.I. 1985/39; see section 128(1) of the National Health Service Act 1977 for the definitions of "prescribed" and "regulations" ; paragraph 10(1) of Schedule 5 was amended by the 1983 Act, Schedule 6, paragraph 3.

(b) 1988 c.49; see S.I. 1989/1896.

(c) 1971 c.62.

(d) S.I. 1974/160; the relevant amending instruments are S.I. 1975/719 1982/1283, 1985/39, 290, 540, 803, 955, 1053, 1712, 1986/381, 916 1486, 1987/5, 401, 1425, 1988/1106, 2297 and 1989/1360.

Amendment of regulation 2 of the principal Regulations

2. In regulation 2(1) of the principal Regulations (interpretation)-

(a) the following definitions shall be inserted at the appropriate places in the alphabetical order-

""child" means a person who has not attained the age of 16 years;

"child health surveillance list" shall be construed in accordance with regulation 3A(1);

"child health surveillance services" means the personal medical services described in paragraph 9B of the terms of service and Schedule 1A to these Regulations;

"domiciliary visit" means a visit to either the place where the patient resides or the place, other than the doctor's practice premises, where the doctor is obliged, pursuant to paragraph 13A of the terms of service, to render personal medical services to the patient;

"group practice" means an association of not less than two doctors both or all of whom-

(a) have their names included in the Committee's medical list;(b) co-ordinate, in the course of regular contact between them, their respective obligations under the terms of service for doctors to provide personal medical services to their patients; and(c) conduct and manage their practices from at least one common set of practice premises;

"Local Directory" means the Local Directory of Family Doctors maintained by a Committee pursuant to regulation 5A;

"medical records" means, in relation to any patient, the records maintained in respect of that patient pursuant to paragraph 30 of the terms of service;

"minor surgery list" shall be construed in accordance with regulation 3B(1);

"minor surgery services" means the personal medical services described in paragraph 9C of the terms of service and Schedule 1B to these Regulations;

"parent" includes any adult person who, in the opinion of the doctor, is for the time being fulfilling the obligations normally attaching to a parent in respect of his child;

"practice premises" means, in relation to any doctor, the premises at which he is obliged under the terms of service to attend at specified times in order to be consulted by, or to provide treatment or services for, his patients;

"restricted list principal" means a doctor who has undertaken to provide general medical services only to a restricted category of patients identified by reference to their connection with a particular establishment or organisation;

"restricted services principal" means a doctor who has undertaken to the Committee to provide general medical services limited to-

(a) child health surveillance services;(b) contraceptive services;(c) maternity medical services; or(d) minor surgery services,

or to any combination of the above;

"the Tribunal" means the Tribunal constituted under section 46 of the National Health Service Act 1977 ( a);";

(b) in the definition of "treatment"-(i) for the words "contraceptive services or maternity medical

(a) 1977 c.49; section 46 was amended by the Health and Social Security Act 1984 (c.48), Schedule 8, and modified by S.I. 1985/39, article 7(16).

services" there shall be substituted the words "child health surveillance services, contraceptive services, maternity medical services or minor surgery services",(ii) for the word "woman" there shall be substituted the word "person".

Amendment of regulation 3 of the principal Regulations

3. In regulation 3 of the principal Regulations (scope of services)-

(a) after sub-paragraph (b) there shall be inserted the following sub-paragraph:-"(bb) the provision by doctors of child health surveillance services and minor surgery services;";(b) in paragraph (2) after the words "terms of service" there shall be added the words", and Schedules 1C, 1D and 1E to these Regulations shall have effect for the purposes of paragraphs 25, 38B and 43A respectively of the terms of service.".

Insertion of new regulations 3A and 3B into the principal Regulations

4. After regulation 3 of the principal Regulations there shall be inserted the following regulations:-

"Child health surveillance list

3A.-(1) The Committee shall, on and after 1st April 1990, maintain a list (in these Regulations referred to as "a child health surveillance list") of the names of those doctors who have satisfied the Committee or, on appeal, the Secretary of State, in accordance with the following provisions of this regulation, that they have such medical experience and training as are necessary to enable them properly to provide child health surveillance services.

(2) A doctor may apply, in accordance with paragraph (3), to a Committee for the inclusion of his name in the child health surveillance list required to be maintained by that Committee.

(3) An application for the purpose of paragraph (2) shall be made in writing and shall include the information specified in Part IV of Schedule 1 to these Regulations.

(4) Unless the doctor otherwise agrees, the Committee shall determine an application made in accordance with paragraph (3) within 2 months of receiving it.

(5) The Committee may, if it thinks fit, hold an oral hearing of any application and shall not refuse an application without giving the doctor an opportunity of an oral hearing.

(6) When determining an application the Committee shall have regard in particular to-

(a) any training undertaken by the doctor; and(b) any medical experience gained by him,

during the period of five years immediately preceding the date of the application, which is relevant to the provision of child health surveillance services, and shall seek and take into account any medical advice it considers necessary to enable it to determine the application.

(7) The Committee shall determine an application by either-

(a) granting the application; or(b) refusing the application.

(8) The Committee shall give notice in writing to the doctor of its determination and shall-

(a) where it refuses the application, inform him of the reasons for the determination and of his right of appeal under paragraph (9);(b) where it grants the application, include the doctor's name in its child health surveillance list.

(9) If an application is refused the doctor may appeal in writing to the Secretary of State within 90 days of receiving notice in writing of the Committee's determination.

(10) On any appeal pursuant to paragraph (9), the Secretary of State-

(a) may, if he thinks fit, hold an oral hearing of the appeal;(b) in determining the appeal, shall either confirm or reverse the determination of the Committee;(c) where he reverses the determination of the Committee, shall direct that the Committee include the doctor's name in its child health surveillance list.

(11) Subject to paragraphs (12) to (16), a doctor's name may be removed by the Committee from the child health surveillance list only if-

(a) it has been removed from the medical list of any Committee pursuant...

To continue reading

Request your trial