Welsh Statutory Instrument 2002 No. 916 (W. 104)

      The National Health Service (General Medical Services) (Amendment) (Wales) Regulations 2002


      © Crown Copyright 2002

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STATUTORY INSTRUMENTS


2002 No. 916 (W. 104)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (General Medical Services) (Amendment) (Wales) Regulations 2002

  Made 28 March 2002 
  Coming into force 1 April 2002 

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 29, 29A, 29B and 126(4) of the National Health Service Act 1977[1] and section 65 of the Health and Social Care Act 2001[2] hereby makes the following Regulations:

Citation, commencement, application and interpretation
     1.  - (1) These Regulations may be cited as the National Health Service (General Medical Services) (Amendment) (Wales) Regulations 2002 and shall come into force on 1st April 2002.

    (2) These Regulations apply to Wales only.

    (3) In these Regulations "the principal Regulations" ("y prif Reoliadau") means the National Health Service (General Medical Services ) Regulations 1992 [
3].

    (4) The principal Regulations shall be amended in accordance with the following provisions of these Regulations.

Amendment of regulation 2
     2. In regulation 2(1) (interpretation), omit the definition of "Medical Practices Committee".

Amendment of Part II of the principal Regulations
    
3. In regulation 4 (medical list), in paragraphs (3) and (5)(f), for "by the Medical Practices Committee" in each place where those words occur substitute "by the Health Authority".

    
4.  - (1) Regulation 5A (preferential right to be included in medical list) shall be amended in accordance with the following paragraphs - 

    (2) in paragraph (2)(a) for "the Medical Practices Committee" substitute "the Health Authority";

    (3) in paragraph (2)(b), for "under section 33(4)(b) of the Act" substitute "under regulation 13(1)(c)";

    (4) omit paragraph (4).

    
5. In regulation 6 (amendment of or withdrawal from the medical list), in paragraph (5) from "Where a Health Authority" to " and the Medical Practices Committee grants such variation," substitute "Where the Health Authority grants an application for the variation of a condition imposed pursuant to regulation 13(1)(b), ".

Amendment of Part III of the principal Regulations
    
6. Omit regulations 10 (Medical Practices Committee - appointment of members and tenure of office) and 11 (references and reports to the Medical Practices Committee by a Health Authority).

    
7. For regulation 12 (decisions of the Medical Practices Committee) substitute - 

"Consideration of vacancies by Health Authorities
    
12.  - (1) A Health Authority may consider at any time whether there is, or will be a vacancy for a doctor to provide general medical services in their area.

    (2) A Health Authority must consider whether there is, or will be a vacancy for a doctor in their area if - 

    (a) it has been asked to do so by a doctor who provides general medical services in their area , or

    (b) a doctor has died, or has withdrawn from, or been removed from the Health Authority's medical list.

    (3) Where paragraph (2) applies and where a doctor's prospective patients are situated in the area of more than one Health Authority, any of those Health Authorities may - 

    (a) elect to consider separately whether there is a vacancy in respect of the prospective patients residing in their area, or

    (b) agree to deal jointly with one or more other Health Authorities with prospective patients residing in their areas.

    (4) In a case falling within paragraph (3)(b), the Health Authority in whose area reside the largest number of the prospective patients shall decide whether to declare a vacancy, and, if it does so, it shall proceed in accordance with regulation 13 .

    (5) If a Health Authority is considering whether or not there is, or will be a vacancy, the Health Authority shall before reaching a decision - 

    (a) consider the matters set out in Part I of Schedule 3;

    (b) obtain from any other Health Authority in whose area prospective patients reside, such information as it thinks necessary.

    (6) In reaching their decision a Health Authority shall, in particular, take account of - 

    (a) the needs of persons in their area for personal medical services;

    (b) any relevant financial considerations;

    (c) the effect of creating a vacancy on any other Health Authority in whose area prospective patients reside;

    (d) any services outside general medical services and personal medical services already provided by doctors in the area.

     8.  - (1) Regulation 13 (declaration of vacancies) shall be amended in accordance with the following paragraphs.

    (2) In paragraph (1) for "If the Medical Practices Committee" to "in a locality" substitute "If a Health Authority decides that the number of doctors undertaking to provide general medical services in an area".

    (3) For paragraph (1)(c) substitute - 

    (4) In paragraph (2)(e)(ii) from " as shall have been specified in" to the end, substitute "as the Health Authority may specify.".

    (5) Omit paragraphs (3) and (4).

    (6) After paragraph (4) add - 

     9. Omit regulation 14 (report by Health Authority to Medical Practices Committee).

    
10.  - (1) For regulation 15 (variation and revocation of decisions of the Medical Practices Committee) substitute - 

     11. For regulation 16 (effect of variation or revocation) substitute - 

     12.  - (1) Regulation 17 (decision by Health Authority as to type of vacancy) shall be amended in accordance with the following paragraphs.

    (2) For paragraph (1) substitute - 

    (3) In paragraphs (2) and (3) for "If the Health Authority made a reference pursuant to regulation 11(1)" in each place where those words occur substitute "Where the Health Authority considered in accordance with regulation 12(2)(a) whether to declare a vacancy".

    (4) For paragraph (5) substitute - 

     13. In regulation 18 ( consultation with Local Medical Committee) - 

     14. In regulation 18A(4) (particular partnership vacancies), after "agreed" add "(after consultation with any other Health Authority in whose area prospective patients reside).".

    
15.  - (1) Regulation 18B (general partnership vacancies) shall be amended in accordance with the following paragraphs.

    (2) In paragraph (2) for "in the locality" in each place where those words occur substitute "in the area";

    (3) After paragraph (2) insert - 

    (4) In paragraph (7), after "agreed between the Health Authority" insert "(after consultation with any other Health Authority in whose area prospective patients reside)".

    
16.  - (1) Regulation 18C(vacancies for sole practitioners) shall be amended in accordance with the following paragraphs.

    (2) In paragraph (6) omit "to the Secretary of State ".

    (3) In paragraph (7) - 

    (4) For paragraph (8) substitute - 

     17.  - (1) Regulation 18D (advertisement of vacancies for sole practitioners) shall be amended in accordance with the following paragraphs.

    (2) For paragraph (1)(a) substitute - 

    (3) In paragraph (2) for "within such period as the Medical Practices Committee has specified pursuant to regulation 12 (4)(d)," substitute "within the period specified in regulation 13(7),".

    (4) In paragraph (3) - 

    (5) In paragraph (6) for "the locality" substitute "the area, and shall be set after consultation with any other Health Authority in whose area prospective patients reside."

    
18. In regulation 18E(criteria for approval and nomination), in paragraph (3) omit "to the Secretary of State ".

    
19.  - (1) Regulation 18F (entry on to medical list) shall be amended in accordance with the following paragraphs.

    (2) In paragraph (1), omit ",and shall inform the Medical Practices Committee that it has done so.";

    (3) After paragraph (1) insert - 

    (4) In paragraph (3) omit "to the Secretary of State".

    
20. In regulation 18G (appeal to the Secretary of State ) - 

     21. Omit regulations 18H (cases not requiring a reference to the Medical Practices Committee) and 18I (procedure in cases to which regulation 18H applies).

    
22.  - (1) For regulation 18J (cross-border vacancies) substitute - 

     23.  - (1) Regulation 18K (practice vacancies where patients are subject to pilot scheme proposals) shall be amended in accordance with the following paragraphs.

    (2) In paragraph (1) - 

    (3) For paragraph (2) substitute - 

    (4) Omit paragraph (4).

    
24.  - (1) For Regulation 18L (transitional provision) substitute - 

Amendment of regulation 37
    
25. In regulation 37(publication of particulars), in paragraph (3)(a) omit "the Medical Practices Committee, ".

Amendment of Regulation 40
    
26. In regulation 40 (certificate that transaction does not involve sale of goodwill), for "the Medical Practices Committee" substitute "the Secretary of State".

Amendments to Schedule 2
    
27.  - (1) Schedule 2 (terms of service) shall be amended in accordance with the following provisions.

    (2) In paragraph 24 (3), for "to the Medical Practices Committee" substitute "to the National Assembly for Wales ".

    (3) In paragraph 24(4) - 

    (4) In paragraphs 29(8)(b) for "pursuant to section 33(4)(b) or (5) of the Act" and in paragraph 29A(3)(b) for "pursuant to section 33(4)(b) of the Act" substitute "under regulation 13(1)(c).".

    (5) In paragraph 32 - 

    (6) In paragraph 33(1), for "the Medical Practices Committee" substitute "the National Assembly for Wales".

    (7) In paragraph 34 (practice area), in sub-paragraph (2) substitute - 

Amendments to Schedule 3
    
28.  - (1) Schedule 3, shall be amended in accordance with the following provisions.

    (2) For the heading to Part I (information to be included in a report by a Health Authority when making a reference to the Medical Practices Committee) substitute - 

    (3) Omit paragraphs 9 and 10.

    (4) For the heading to Part IB (additional information to be included where the reference is being made to the Medical Practices Committee on the death of a doctor, or the withdrawal or removal of a doctor from a medical list) substitute - 

    (5) In paragraph 13, for "If the Medical Practices Committee so requests," substitute "Where the Health Authority considers it necessary,".

    (6) Omit Part II (information to be included in a report by a Health Authority to the Medical Practices Committee concerning adequacy of services).

Amendment of Schedule 7
    
29. In Schedule 7 (form of certificate to be issued by Medical Practices Committee under paragraph 1(3) of Schedule 10 to the National Health Service Act 1977) - 

Amendment of Schedule 8
    
30. In Schedule 8 (doctors' hours) - 

Transitional Provisions for Certificates given under Schedule 10
    
31. Where before these Regulations come into force - 

that application shall be treated as an application to the Secretary of State.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
4]


Rhodri Morgan
The First Secretary

Date 28 March 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 ("the principal Regulations"), which regulate the selection of general practitioners ("GPs") to fill practice vacancies.

Following the abolition of the Medical Practices Committee by section 14 of the Health and Social Care Act 2001, these Regulations provide for a new system for the identification of vacancies by Health Authorities and the imposition of conditions of practice on GPs filling those vacancies and makes consequential amendments to the principal Regulations.

Section 14 of the Health and Social Care Act 2001 also transferred the function of issuing a certificate to GPs that a transaction does not involve the sale of goodwill to the Secretary of State and regulations 24 and 27 make consequential amendments to the principal Regulations. Regulation 29 makes transitional provisions for outstanding applications to the Medical Practices Committee for certificates or opinions as to whether certain transactions amount to the sale or purchase of goodwill of a medical practice when these Regulations come into force to be treated as applications to the Secretary of State .

Regulation 24 amends regulation 18L to provide new transitional provisions to reflect the changes made to Part III of the principal Regulations by these Regulations.


Notes:

[1] 1977 c.49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), section 26(2)(g) and (i), for the definitions of "prescribed" and "regulations". Section 29 was extended by the Health and Medicines Act 1988 (c.49), section 17; and amended by the Health Services Act 1980 (c.53), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 6, paragraph 2; by the Medical Act 1983 (c.54), section 56(1) and Schedule 5, paragraph 16(a); by S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 18; and by the National Health Service (Primary Care) Act 1997 (c.46) ("the 1997 Act"), Schedule 2, paragraph 8. Section 29A was inserted by the 1997 Act , section 32, and amended by the Health and Social Care Act 2001(c.15) ("the 2001 Act"), section 20. Section 29B was inserted by the 1997 Act , section 32, and amended by the 2001 Act, sections 15 and 20. Section 126(4) was amended by the 1990 Act, section 65(2); by the Health Act 999 (c.8), Schedule 4, paragraph 37(6) and by the 2001 Act, Schedule 5, paragraph 5(13)(b).
As regards Wales, the functions of the Secretary of State under section 29, 29A, 29B and 126(4) of the 1977 Act are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; section 68 of the 2001 Act provides that Sch 1 shall be construed so as to include the amendments made by that Act to the 1977 Act; these Regulations therefore apply only to Wales.
back

[2] 2001 c. 15.back

[3] S.I. 1992/635; relevant amending instruments are S.I. 1998/682, 1998/2838 and 2000/220 (the amendments made by these Regulations have effect in Wales by virtue of SI. 2000/1707, W114).back

[4] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11090457 5


 

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Prepared 9 April 2002