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(This note is not part of the Regulations)
These Regulations replace provisions of the National Health Service (General Medical Services) Regulations 1992 ("the GMS Regulations") relating to the right (which is now enshrined in section 28F of the National Health Service Act 1977 ("the 1977 Act")) of any person to choose the doctor from whom he is to receive primary medical services. These Regulations make provision in relation to both doctors who provide general medical services under Part II of the 1977 Act, and doctors who perform personal medical services in connection with a pilot scheme under section 1(1) of the National Health Service (Primary Care) Act 1997.
The Regulations specify the procedures for applying to be included in a doctor's list of patients (regulation 2) and for changing doctor (regulation 3). They also make provision for temporary residents, who are not included in the list of a doctor in the vicinity of the place where they are presently residing, to choose the doctor by whom they are to be treated (regulation 7). They confirm that a person who has chosen a particular doctor will, in certain circumstances, continue to be included in that doctor's list of patients if the doctor transfers from the provision of general medical services to the performance of personal medical services or vice versa (regulation 8).
The Regulations make provision for assignment to a doctor of persons who have not chosen a doctor, or who have not been accepted for inclusion in the list of the doctor of their choice. A Health Authority is required either to assign such a person to a doctor who provides general medical services in its area, or to require a person who provides piloted services ("a pilot scheme provider") to make an assignment to a doctor who performs personal medical services under the pilot scheme in question. The Regulations set out the matters to which the Health Authority or, as the case may be, the pilot scheme provider must have regard in making or requiring an assignment, and specifies circumstances in which an assignment may not be made to a particular doctor (regulations 4 and 5). They also provide for a doctor providing general medical services and a pilot scheme provider to make representations to the Health Authority about an assignment or, as the case may be, a requirement to assign a person to a doctor performing personal medical services (regulation 6).
The Directions to Health Authorities Concerning Patient Lists (Personal Medical Services) and the Directions to Health Authorities Concerning the Implementation of Pilot Schemes (Personal Medical Services) which are referred to in these Regulations can be obtained from:
Primary Care Division
Primary Care Act - Personal Medical Services Pilots
Room 7E60
NHS Executive Headquarters
Quarry House
Quarry Hill
Leeds LS2 7UE.
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 15(1) was amended by the Health and Social Security Act 1984 (c.48), section 5(2); by the 1990 Act, section 12(1); and by the Health Authorities Act 1995 (c.17) ("the 1995 Act"), Schedule 1, paragraph 6. Section 28F is inserted (from 1st April 1998) by section 23(1) of the National Health Service (Primary Care) Act 1997 (c.46) ("the 1997 Act"). 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 1995 Act, Schedule 1, paragraph 18; and by the 1997 Act, Schedule 2, paragraph 8. Section 126(4) was amended by the 1990 Act, section 65(2).back
[2] 1997 c.46.back
[3] Regulation 19 was amended by S.I. 1998/682.back
[4] S.I. 1992/635, amended by S.I. 1992/2412, 1993/540, 1993/2421, 1994/633, 1994/2620, 1994/3130, 1995/80, 1995/3093, 1996/702, 1997/730, 1997/981, 1997/2468 and 1998/682.back
[5] "Primary medical services" is defined in section 28F(6) of the 1977 Act, inserted by section 23(1) of the 1997 Act.back
[6] See regulation 2(1), to which there have been amendments which are not relevant to this regulation.back
[7] As to such doctors (and the requirement that they must have a doctor's list) see the Directions to Health Authorities Concerning the Implementation of Pilot Schemes (Personal Medical Services), made under section 6(1) of the 1997 Act, paragraphs 6 and 7 and Schedule 1, paragraph 17(1).back
[8] No such directions had been given at the date on which these Regulations were made.back
[9] 1989 c.41.back
[10] See regulations 28, 29, 31 and 33 respectively.back
[11] Paragraph 9A was inserted by S.I. 1994/633.back
[12] See the Directions to Health Authorities Concerning the Implementation of Pilot Schemes (Personal Medical Services), paragraph 11(3).back
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| Book Title: Choice of Medical Practitioners | ||