BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments made by the National Assembly for Wales


You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The National Health Service (Primary Medical Services) (Miscellaneous Amendments) (Wales) Regulations 2006 No. 358 (W.46)
URL: http://www.bailii.org/wales/legis/num_reg/2006/20060358e.html

[New search] [Help]



STATUTORY INSTRUMENTS


2006 No. 358 (W.46)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Primary Medical Services) (Miscellaneous Amendments) (Wales) Regulations 2006

  Made 14 February 2006 
  Coming into force 1 March 2006 

The National Assembly for Wales, in exercise of the powers conferred by sections 28R, 28S, 28V, 28W, 28X and 126(4) of the National Health Service Act 1977[1] and section 4(5) of the National Health Service and Community Care Act 1990[2] hereby makes the following Regulations:



PART 1

GENERAL

Title, commencement, application and interpretation
     1. —(1) The title of these Regulations is the National Health Service (Primary Medical Services) (Miscellaneous Amendments) (Wales) Regulations 2006 and they come into force on 1 March 2006.

    (2) These Regulations apply in relation to Wales.

    (3) In these Regulations—



PART 2

AMENDMENT OF THE GMS CONTRACTS (WALES) REGULATIONS

Amendment of regulation 2 of the GMS Contracts (Wales) Regulations
     2. —(1) Regulation 2(1) (interpretation) of the GMS Contracts (Wales) Regulations is amended as provided in the following paragraphs.

    (2) In the definition of "adjudicator" for "paragraph 101(5)" substitute "paragraph 99(5)".

    (3) In the definition of "bank holiday", after "proclaimed as a bank holiday" insert "in England and Wales".

    (4) In the definition of "general medical practitioner"—

    (5) For the definition of "GP Registrar", substitute—

    (6) Omit the definition of "GP Trainer".

    (7) In the definition of "immediate family member", after "spouse" insert "or civil partner".

    (8) Omit the definition of "NCAA".

    (9) After the definition of "normal hours" insert—

    (10) In the definition of "out of hours services", in paragraph (a), after "if provided" insert "by a contractor to its registered patients".

    (11) In the definition of "supplementary prescriber"—

Amendment of regulation 4 of the GMS Contracts (Wales) Regulations
     3. In regulation 4 (conditions relating solely to medical practitioners) of the GMS Contracts (Wales) Regulations, add—

Amendment of regulation 5 of the GMS Contracts (Wales) Regulations
     4. —(1) In regulation 5(2)(h) (general conditions relating to all contracts) of the GMS Contracts (Wales) Regulations for "the Criminal Procedure Act (Scotland) 1995" substitute "the Criminal Procedure (Scotland) Act 1995".

    (2) In regulation 5(2)(j) of the GMS Contracts (Wales) Regulations insert at the beginning "within the period of five years prior to signing the contract or commencement of the contract, whichever is the earlier,".

Amendment of regulation 10 of the GMS Contracts (Wales) Regulations
    
5. In regulation 10(2) (health service body status) of the GMS Contracts (Wales) Regulations for "body that fact, it" substitute "body, that fact".

Amendment of regulation 17 of the GMS Contracts (Wales) Regulations
    
6. In regulation 17 (opt outs of additional and out of hours services) of the GMS Contracts (Wales) Regulations for "paragraph 4(8)" substitute "paragraph 4(9)".

Amendment of regulation 22 of the GMS Contracts (Wales) Regulations
    
7. In regulation 22 (finance), of the GMS Contracts (Wales) Regulations in paragraph (1), for "the Local Health Board to make payments to the contractor", substitute, "payments to be made".

Amendment of regulation 23 of the GMS Contracts (Wales) Regulations
    
8. In regulation 23 (finance) of the GMS Contracts (Wales) Regulations—

Amendment of regulation 24 of the GMS Contracts (Wales) Regulations
    
9. In regulation 24(4) (fees and charges) of the GMS Contracts (Wales) Regulations for "paragraph (e)" substitute "paragraph 1(e)".

Amendment of Schedule 2 to the GMS Contracts (Wales) Regulations
    
10. —(1) Schedule 2 (additional services) to the GMS Contracts (Wales) Regulations shall be amended as provided in the following paragraphs.

    (2) In paragraph 2 (cervical screening), in sub-paragraph (2), for paragraph (a) substitute—

    (3) After sub-paragraph (2) of paragraph 2 insert—

    (4) In paragraph 4 (vaccinations and immunisations) of Schedule 2 to the GMS Contracts (Wales) Regulations, in paragraph (2)(a), for "influenza vaccination" substitute "influenza and pneumococcal vaccinations".

Amendment of Schedule 6 to the GMS Contracts (Wales) Regulations
    
11. —(1) Schedule 6 (other contractual terms) to the GMS Contracts (Wales) Regulations shall be amended as provided in the following paragraphs.

    (2) After paragraph 1 (premises), insert—

    (3) In paragraph 7 (clinical reports), at the end insert—

    (4) In paragraph 11 (standards for out of hours services) after the word "must" insert the words “have regard to and omit "meet".

    (5) After paragraph 11 (standards for out of hours services), insert—

Amendment of regulation 4 of the Performers Lists (Wales) Regulations
    
16. In regulation 4 (application for inclusion in a performers list) of the Performers Lists (Wales) Regulations—

Amendment of regulation 6 of the Performers Lists (Wales) Regulations
     17. In regulation 6 (decisions and grounds for refusal) of the Performers Lists (Wales) Regulations, in paragraph (4)(f), for "to which Part I of the Sexual Offences Act 1997 applies, or if it had been committed in England or Wales, would have applied" substitute "for the purposes of Part 2 of the Sexual Offences Act 2003[26], or if it had been committed in England and Wales, would have been such an offence".

Amendment of regulation 9 of the Performers Lists (Wales) Regulations
     18. In regulation 9 (requirements with which a performer in a performers list must comply) of the Performers Lists (Wales) Regulations, for paragraph (1)(d) and (e) substitute—

Amendment of regulation 11 of the Performers Lists (Wales) Regulations
     19. In regulation 11 (criteria for a decision on removal) of the Performers Lists (Wales) Regulations—

Amendment of regulation 16 of the Performers Lists (Wales) Regulations
    
20. In regulation 16(2)(g) (notification) of the Performers Lists (Wales) Regulations, for "NCAA" substitute "NPSA".

Amendment of regulation 20 of the Performers Lists (Wales) Regulations
    
21. In regulation 20(1)(f) (disclosure of information) of the Performers Lists (Wales) Regulations, for "NCAA" substitute "NPSA".



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
29]


John Marek
The Deputy Presiding Officer of the National Assembly for Wales

14 February 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make amendments to certain regulations relating to general medical services contracts in Wales and to the NHS (Performers Lists) (Wales) Regulations 2004.

Part 2 amends the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (the GMS Contracts (Wales) Regulations). In particular—

Part 3 of the Regulations makes transitional provision in relation to the removal by regulation 3 of the right of certain persons to be the mandatory general medical practitioner for the purposes of a general medical services contract. It provides that where such a person has been the mandatory medical practitioner for the purposes of a general medical services contract entered into before the date of coming into force of these Regulations, the contract will not be able to be terminated for breach of the amended requirements (regulation 14).

Part 4 of the Regulations makes a number of minor amendments to the NHS (Performers Lists) (Wales) Regulations 2004.


Notes:

[1] 1977 c.49; sections 28R, 28S, 28V and 28W were inserted by section 175(1) of the Health and Social Care (Community Health ands Standards) Act 2003 (c.43) ("the 2003 Act"); section 28X was inserted by section 179(1) of the 2003 Act; section 126(4) was amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), section 65(2), the Health Act 1999 (c.8), Schedule 4, paragraph 37(6) and the Health and Social Care 2001 (c.15), Schedule 5, paragraph 5(13)(b).back

[2] 1990 c.19.back

[3] S.I. 2004/478 (W.48).back

[4] S.I. 2004/1020 (W.117) as amended by S.I. 2005/258 (W.24).back

[5] S.I. 1994/3130; regulation 5 was amended by S.I. 1997/2817 and modified by article 117 of S.I. 2004/865. The whole Regulations are prospectively revoked by S.I. 2003/1250, article 31(5) and Schedule 10, Part 2.back

[6] S.I. 1997/2817 as amended by S.I. 1998/669 and modified by article 118 of S.I. 2004/865.back

[7] S.I. 2001/1743 as amended by S.I.2003/1077 and S.I.2005/504.back

[8] S.I. 2002/254 as amended by S.I.2004/2033.back

[9] 1989 c.44.back

[10] S.I. 1994/3130 as amended by S.I. 1997/2817 and 2003/3148. The whole Regulations are prospectively revoked by S.I. 2003/1250, article 31(5) and Part 2 of Schedule 10.back

[11] S.I. 1997/2817 as amended by S.I. 1998/669 and 2003/3148 and modified by S.I. 2004/865, article 118. The whole Regulations are prospectively revoked by S.I. 2003/1250, article 31(5) and Part 2 of Schedule 10.back

[12] S.I. 1998/5 as amended by S.I. 1998/669 and S.S.I. 2000/23 and modified by S.S.1. 2004/163, article 101. The whole Regulations are prospectively revoked by S.I. 2003/1250, article 31(5) and Part 2 of Schedule 10.back

[13] S.R. 1998/13 as modified by S.R. 2004/156, Article 93. The whole Regulations are prospectively revoked by S.I. 2003/1250, article 31(5) and Part 2 of Schedule 10.back

[14] The definition of "restricted services principal" was substituted, for England, by S.I. 2004/865, for Scotland, by S.I. 2004/226, for Northern Ireland, by S.I 2004/3038 and for Wales, by S.I. 2004/1016.back

[15] S.I.2001/1358 (W.86). Relevant amending instruments are S.I.2001/2539 (W.196), 2004/1018 (W.115), 2004/1605 (W.164), 2005/427 (W.44) and 2005/1915 (W.158)back

[16] S.I. 1997/1830; relevant amending instruments are S.I. 2000/1917 and 2003/2915.back

[17] S.I. 2004/1022 (W.119) as amended by S.I. 2005/366 (W.32).back

[18] Regulation 4(1) was amended by S.I. 2005/427 (W.44) and 2005/1915 (W.158) which contains additional prospective amendments to regulation 4(1) with effect from 1st April 2006..back

[19] S.I. 1988/551 as amended by S.I. 1989/394, 517 and 614, 1990/548, 918 and 661, 1991/557, 1992/1104, 1993/608, 1995/642 and 2352, 1996/410, 1346 and 2362, 1997/748 and 2393, 1998/417, 1999/767 and 2840, 2001/1397 and 3322 a 2003/975.back

[20] S.I. 2004/1020 (W.117).back

[21] This document is available on the following website address: www.dh.gov.uk/PolicyAndGuidance/OrganisationPolicy/PrimaryCare/PrimaryCareComputing.back

[22] S.I. 2004/1016 (W.113).back

[23] 1983 c.54; section 35D was inserted by and sections 38(1) and 41A substituted by S.I. 2002/3135.back

[24] 1995 c.46.back

[25] 1992 c.5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c.47).back

[26] 2003 c.42.back

[27] 1995 c.46.back

[28] 1992 c.5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c.47).back

[29] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091277 2


 © Crown copyright 2006

Prepared 24 February 2006


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/wales/legis/num_reg/2006/20060358e.html