The National Health Service (Personal Medical Services Agreements) Regulations 2015

JurisdictionEngland & Wales
CitationSI 2015/1879

2015No. 1879

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Personal Medical Services Agreements) Regulations 2015

6thNovember2015

13thNovember2015

7thDecember2015

The Secretary of State for Health, in exercise of the powers conferred by sections 93(2), 94(1), (2) (3), (3A)(a) and (6) to (9) and 272(7) and (8) of the National Health Service Act 2006( 1), makes the following Regulations.

PART 1

General

Citation and commencement

1.-(1) These Regulations may be cited as the National Health Service (Personal Medical Services Agreements) Regulations 2015.

(2) They come into force on 7th December 2015.

Application

2. These Regulations apply to an agreement-

(a) to which the National Health Service (Personal Medical Services Agreements) Regulations 2004( 2) applied immediately before the date on which these Regulations come into force; or(b) which is entered into between a contractor and the Board on or after that date.

Interpretation

3. In these Regulations-

"the Act" means the National Health Service Act 2006;

"2004 Regulations" means the National Health Service (Personal Medical Services Agreements) Regulations 2004;

"adjudicator" means the Secretary of State or a person or persons appointed by the Secretary of State under section 9(8) of the Act( 3) (NHS contracts) or under regulation 76(5)(b);

"advanced electronic signature" means an electronic signature which is-

(a) uniquely linked to the signatory;(b) capable of identifying the signatory;(c) created using means that the signatory can maintain under the signatory's sole control; and(d) linked to the data to which it relates in such a manner that any subsequent change of data is detectable;

"agreement", except in regulation 88, means an agreement for primary medical services made under section 92 of the Act( 4) (arrangements by the Board for the provision of primary medical services);

"appliance" means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 126 of the Act( 5) (arrangements for pharmaceutical services);

"armed forces GP" means a medical practitioner, who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the armed forces of the Crown;

"armed forces of the Crown" means the forces that are "regular forces" or "reserve forces" within the meaning given in section 374 of the Armed Forces Act 2006( 6);

"assessment panel" means the panel appointed by the Board for the purposes of making determinations under paragraph 40(3) of Schedule 2;

"bank holiday" means any day that is specified or proclaimed as a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971( 7) (bank holidays);

"batch issue" means a form, in the format required by the Board and approved by the Secretary of State, which-

(a) is issued by a repeatable prescriber at the same time as a non-electronic repeatable prescription to enable a chemist or person who provides dispensing services to receive payment for the provision of repeat dispensing services;(b) relates to a particular non-electronic repeatable prescription and contains the same date as that prescription;(c) is generated by a computer and not signed by a repeatable prescriber;(d) is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs, medicines or appliances ordered on the non-electronic repeatable prescription may be provided; and(e) has included on it a number denoting its place in the sequence referred to in paragraph (d);

"the Board" means the National Health Service Commissioning Board( 8);

"CCG" means a clinical commissioning group( 9);

"CCT" means a certificate of completion of training awarded under section 34L(1) of the Medical Act 1983 (award and withdrawal of a Certificate of Completion of Training)( 10) including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act( 11);

"charity trustee" means one of the persons having the general control, management and administration of a charity;

"chemist" means-

(a) a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968( 12) (general provisions); or(b) a supplier of appliances,

who is included in the list held by the Board under section 129 of the Act( 13) (regulations as to pharmaceutical services), or a local pharmaceutical services scheme made under Schedule 12 to the Act (LPS Schemes);

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

"chiropodist or podiatrist independent prescriber" means a person who-

(a) is engaged or employed by a party to the agreement; and(b) is registered in Part 2 of the register maintained under article 5 of the Health and Social Work Professions Order 2001( 14) (establishment and maintenance of register), and against whose name in that register is recorded an annotation signifying that the chiropodist or podiatrist is qualified to order drugs, medicines and appliances as a chiropodist or podiatrist independent prescriber;

"clinical services" means medical services under the agreement which relate to the actual observation and treatment of patients;

"closed", in relation to a contractor's list of patients, means closed to applications for inclusion in the list of patients other than from immediate family members of registered patients;

"contractor", except in regulation 5, means a person or persons other than the Board who is a party, or who are parties, to the agreement;

"contractor's list of patients" means the list prepared and maintained by the Board under paragraph 13 of Schedule 2;

"core hours" means the period beginning at 8.00am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;

"dispenser" means a chemist, medical practitioner or contractor whom a patient would like to dispense the patient's electronic prescriptions;

"dispensing services" means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a medical practitioner in accordance with arrangements under section 126 (arrangements for pharmaceutical services) and section 132 (persons authorised to provide pharmaceutical services) of the Act( 15);

"Drug Tariff" means the publication known as the Drug Tariff which is published by the Secretary of State and which is referred to in section 127(4) of the Act( 16) (arrangements for additional pharmaceutical services);

"electronic communication" has the meaning given in section 15 of the Electronic Communications Act 2000( 17) (general interpretation);

"electronic prescription" means an electronic prescription form or an electronic repeatable prescription;

"electronic prescription form" means a prescription form which falls within paragraph (b) of the definition of "prescription form";

"Electronic Prescription Service" means the service of that name which is managed by the Health and Social Care Information Centre( 18);

"electronic repeatable prescription" means a prescription which falls within paragraph (b) of the definition "repeatable prescription";

"essential services" means the services required to be provided in accordance with regulation 17 of the General Medical Services Contracts Regulations;

"financial year" has the meaning given in section 275(1) of the Act (interpretation);

"general medical practitioner" means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 2 of the Medical Act 1983( 19) (registration of medical practitioners);

"General Medical Services Contracts Regulations" means the National Health Service (General Medical Services Contracts) Regulations 2015( 20);

"GP Specialty Registrar" means a general medical practitioner who is being trained in general practice by a general medical practitioner who is approved under section 34I(1)(c) of the Medical Act 1983( 21) (postgraduate education and training: approvals) for the purpose of providing training in accordance with that section, whether as part of training leading to a CCT or otherwise;

"Health and Social Services Board" means a Health and Social Services Board established under article 16 the Health and Social Services (Northern Ireland) Order 1972( 22) (establishment of Health and Social Services Boards);

"Health and Social Services Trust" means a Health and Social Services Trust established under article 10 of the Health and Personal Services (Northern Ireland) Order 1991( 23) (ancillary services);

"Health Board" means a Health Board established under section 2 of the National Health Service (Scotland) Act 1978( 24) (Health Boards);

"health care professional" has the meaning given in section 108 of the Act( 25) (participants in section 107 arrangements) and "health care profession" is to be construed accordingly;

"health service body" has the meaning given in section 9(4) of the Act( 26) (NHS contracts);

"home oxygen order form" means a form provided by the Board and issued by a health care professional to authorise a person to supply home oxygen services to a patient requiring oxygen therapy at home;

"home oxygen services" means any of the following forms of oxygen therapy or supply-

(a) ambulatory oxygen supply;(b) urgent supply;(c) hospital discharge supply;(d) long term oxygen therapy; and(e) short burst oxygen therapy;

"immediate family member" means-

(a) a spouse or civil partner;(b) a person whose relationship with the registered patient has the characteristics of the relationship between spouses;(c) a parent or step-parent;(d) a son or daughter;(e) a child of whom the registered patient is-(i) the guardian, or(ii) the carer duly authorised by the local authority to whose care the child has been committed under the Children Act 1989( 27); or (f)...

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