The National Health Service (General Medical Services Contracts) Regulations 2015

2

In regulation 2 of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004 (interpretation), for the definition of “GMS Contracts Regulations” substitute—

“GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2015;

Amendment of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Establishment and Constitution) Order 2005

3

In article 3 of the NHS Business Services Authority (Awdurdod Gwasaneathau Busnes y GIG) Establishment and Constitution Order 2005 (functions of the Authority), for “the National Health Service (General Medical Services Contracts) Regulations 2004” in paragraph (fa) substitute “ the National Health Service (General Medical Services Contracts) (Consolidation) Regulations 2015 ”.

Amendment of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

4

In regulation 2(1) of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (interpretation), for paragraph (b)(i) of the definition of “relevant complaints procedure” substitute—

(i) regulation 79 of the National Health Service (General Medical Services Contracts) Regulations 2015;

Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, dental and Ophthalmic Services) Regulations 2010

5

In regulation 2 of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010 (interpretation), for the definition of “GMS Contracts Regulations” substitute—

“GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2015;

Amendment of the National Health Service (Clinical Commissioning Groups) Regulations 2012

6

In regulation 2 of the National Health Service (Clinical Commissioning Groups) Regulations 2012 (CCG membership requirement), for the definition of “essential primary medical services” substitute—

“essential primary medical services” means the services described in regulation 17(4), (6), (7) and (9) of the National Health Service (General Medical Services Contracts) Regulations 2015 (essential services);

Amendment of the National Health Service (Performers Lists) (England) Regulations 2013

7

In regulation 26 of the National Health Service (Performers Lists) (England) Regulations 2013 (application for inclusion in the medical performers list), for “paragraph 124 of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 2004 (gifts)” in paragraph (3)(b) substitute “ regulation 93 of the National Health Service (General Medical Services Contracts) Regulations 2015 ”.

Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

8

In regulation 2 of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (interpretation), for the definition of “GMS Regulations” substitute—

“GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2015;

Amendment of the National Health Service (Clinical Commissioning Groups – Disapplication of Responsibility) Regulations 2013

9

In regulation 2 of the National Health Service (Clinical Commissioning Groups – Disapplication of Responsibility Regulations 2013 (persons for whom a CCG does not have responsibility in relation to its duty to commission services), for “paragraph 16 of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 2004” in paragraph (4)(a), substitute “ paragraph 20 of Schedule 3 to the National Health Service (General Medical Services Contracts) Regulations 2015 ”.

Amendment of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013

10

In regulation 11 of the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 (patient choice: primary medical services), for paragraph (2)(a) substitute—

(a) Part 2 of Schedule 3 to the National Health Service (General Medical Services Contracts) Regulations 2015 (other contractual terms - patients: general),

SCHEDULE 5 — List of enactments to be revoked

1

The enactments listed in column 1 of the Table are revoked to the extent specified in column 2 of that table.

Signed

Signed by authority of the Secretary of State for Health.

Alistair Burt — Minister of State, — 2015-11-06

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2006 c.41. Section 9 of the National Health Service Act 2006 (“the Act”) was amended by section 95 of, and paragraph 82 of Schedule 5 to, the Health and Social Care Act 2008 (c.14); paragraph 6 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”); paragraphs 1, 4, 17 and 18 of Schedule 14 and paragraph 10 of Schedule 17 to, the 2012 Act; paragraph 9 of Schedule 19 to the 2012 Act; paragraphs 5 and 6 of Schedule 21 to the 2012 Act; and paragraph 16 of Schedule 5 to the Care Act 2014 (c. 23). Section 83 of the Act was amended by paragraph 30 of Schedule 4 to the 2012 Act. Section 86 of the Act was amended by section 202(1) of, and paragraph 32 of Schedule 4 to, the 2012 Act. Section 89 of the Act was amended by section 202(2) of the 2012 Act, and sub-section (1A) of that section was inserted by section 28(1) of the 2012 Act. Section 91 was amended by paragraph 35 of Schedule 4 to the 2012 Act. Section 97 was amended by paragraph 41 of Schedule 12 to the 2012 Act. Section 187 was amended by paragraph 101 of Schedule 4 to the 2012 Act. The powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England, by virtue of section 271(1) of the Act. See section 275(1) of the Act for the meaning given to “prescribed” and “regulations”.

[^f00002]: S.I. 2004/291; as amended by S.I. 2004/906 and 2694, S.I. 2005/893 and 3315, S.I. 2006/1501, S.I. 2007/3491, S.I. 2008/528 and 1700, S.I. 2009/309, 2205 and 2230, S.I. 2010/22, 231 and 578, S.I. 2012/970, 1479, 1909, 1916 and 2404, S.I. 2013/363, S.I. 2014/465, 1887 and 2721 and S.I. 2015/196 and 915. S.I. 2004/291 is revoked by regulation 98 of, and Schedule 5 to, these Regulations.

[^f00003]: S.I. 2010/473; as amended by S.I. 2012/344 and 2013/3036.

[^f00004]: Section 9 of the Act was amended by section 95 of, and paragraph 82 of Schedule 5 to, the Health and Social Care Act 2008 (c.14); paragraph 6 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”); paragraphs 1, 4, 17 and 18 of Schedule 14, and paragraph 10 of Schedule 17 to, the 2012 Act; paragraph 9 of Schedule 19 to the 2012 Act; paragraphs 5 and 6 of Schedule 21 to the 2012 Act; and paragraph 16 of Schedule 5 to the Care Act 2014 (c. 23).

[^f00005]: Section 126 was amended by sections 213(7)(k) and 220(7) of, and paragraph 63 of Schedule 4 to, the 2012 Act.

[^f00006]: 2006 c.52; a relevant amendment to section 374 was made by section 44(3) and (4) of the Defence Reform Act 2014 (c.20).

[^f00007]: 1971 c.80.

[^f00008]: The National Health Service Commissioning Board (known as “NHS England”) was established by section 1H of the Act. Section 1H was inserted into the Act by section 9(1) of the 2012 Act.

[^f00009]: 2008 c.14.

[^f00010]: Clinical commissioning groups were established by virtue of sections 1I and 14A to 14D of the Act, as inserted by sections 10 and 25(1) of the 2012 Act.

[^f00011]: 1983 c.54. Section 34L was inserted by S.I. 2010/234.

[^f00012]: Section 49B was inserted by S.I. 2007/3101 and was amended by S.I. 2008/1774 and S.I. 2010/234.

[^f00013]: 1968 c.67. Section 69 was amended by section 1(1) of the Statute Law Repeals Act 1993 (c.50), and by S.I. 2007/289 and 3101 and S.I. 2010/231.

[^f00014]: Section 129 was amended by sections 26, 27 and 38 of, and Schedule 6 to, the Health Act 2009 (c.21); section 207(1) to (9) of, and paragraph 66 of Schedule 4 to, the Health and Social Care Act 2012 (c.7); section 115 of, and paragraph 120 and 121 of Schedule 9 to, the Protection of Freedoms Act 2012 (c.9); and by S.I. 2010/231.

[^f00015]: S.I. 2002/254; as amended by section 127 of the Health and Social Care Act 2008 (c.14), section 81(5) of the Policing and Crime Act 2009 (c.26), sections 213, 214(2) to (4), 215, 216, 218 and 219 of the Health and Social Care Act 2012, section 5(2) of, and paragraph 6 of the Schedule to, the Health and Social Care (Safety and Quality) Act 2015 (c.28), and by S.I. 2003/3148, S.I. 2004/1947 and 2033, S.I. 2007/3101, S.I. 2009/1182, S.I. 2010/233, S.I. 2011/1043, S.I. 2012/1479 and 2672 and S.I. 2014/1887.

[^f00016]: Section 84 of the Act was amended by paragraph 31 of Schedule 4 to the Health and Social Care Act 2012.

[^f00017]: 2006 c.41. Section 126 was amended by section 213(7)(k) and 220(7) of, and paragraph 63 of Schedule 4 to, the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). Section 132 was amended by paragraph 69 of Schedule 4 to the 2012 Act, paragraphs 120 and 122 of Schedule 9 to the Protection of Freedoms Act 2012 (c.9), and by S.I. 2007/289 and S.I. 2010/22 and 231.

[^f00018]: Section 127 was amended by paragraph 64 of Schedule 4 to the 2012 Act. See also regulation 89(1) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (S.I. 2013/349) in relation to the publication known as the Drug Tariff.

[^f00019]: 2000 c.7. Section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c.21).

[^f00020]: The Health and Social Care Information Centre is a body corporate established by section 252(1) of the 2012 Act.

[^f00021]: 1983 c.54. Section 2 was amended by S.I. 2002/3135, S.I. 2006/1914, S.I. 2007/3101, S.I. 2008/1774 and S.I. 2014/1101.

[^f00022]: See the General Medical Services Statement of Financial Entitlements Directions 2013 which were signed on 27th March 2013, as amended, for the directions given by the Secretary of State under section 87 of the Act. Copies are available at: https://www.gov.uk/government/publications/nhs-primary-medical-services-directions-2013. Copies of these directions, and of the subsequent amendments to them, may also be obtained from the Department of Health, Richmond House, 79 Whitehall, London, SW1A 2NS.

[^f00023]: Section 87 was amended by paragraph 33 of Schedule 4 to the 2012 Act.

[^f00024]: 1983 c.54. Section 34I was inserted by S.I. 2010/234.

[^f00025]: S.I. 1972/1265 (N.I.14).

[^f00026]: S.I. 1991/194 (N.I.1); as amended by section 11 of, and paragraph 13 of Schedule 6 to, the Health and Social Care Reform Act (Northern Ireland) 2009 (c.1) (N.I.) and S.I. 1997/1177.

[^f00027]: 1978 c.29. Section 2 was amended by paragraph 1 of Schedule 7 to S.I. 1991/194) (N.I. 1); section 14(2) of, and paragraph 1 of Schedule 7 to, the Health and Social Services and Social Security Adjudications Act 1983 (c.41); paragraph 1(2)(a) and (b) of Schedule 1 to the National Health Service Reform (Scotland) Act 2004 (asp 7); sections 2(1)(a) and 28(a)(ii), (b), and (c) of Schedule 1, and paragraph 19(1) of Schedule 9 and paragraph 1 of Schedule 10 to, the National Health Service and Community Care Act 1990 (c.19); paragraph (2)(2) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13); and sections 2(1), 4, 6(2) and (3), 7 and 11(1) of the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5).

[^f00028]: Section 108 was amended by section 204 of, and paragraph 49 of Schedule 4 to, the Health and Social Care Act 2012 (c.7) (“the 2012 Act”).

[^f00029]: 2006 c.41. Section 9 was amended by section 95 of, and paragraph 82 of Schedule 5 to the Health and Social Care Act 2008 (c.14); paragraph 6 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”); paragraphs 1, 4, 17 and 18 of Schedule 14, and paragraph 10 of Schedule 17 to, the 2012 Act; paragraph 9 of Schedule 19 to the 2012 Act; paragraphs 5 and 6 of Schedule 21 to the 2012 Act; and paragraph 16 of Schedule 5 to the Care Act 2014 (c. 23).

[^f00030]: 1989 c.41.

[^f00031]: 1907 c.24. Section 5 was amended by S.I. 2009/1940.

[^f00032]: S.I. 2015/570.

[^f00033]: 2006 c.42.

[^f00034]: 2006 c.41. Section 97 was amended by paragraph 41 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”).

[^f00035]: Section 91 was amended by paragraph 35 of Schedule 4 to the 2012 Act.

[^f00036]: 1983 c.54. Section 2 was amended by S.I. 2002/3135, S.I. 2006/1914, S.I. 2007/3101, S.I. 2008/1774 and S.I. 2014/1101.

[^f00037]: Section 159 was amended by section 306(1)(d) of, and paragraph 85 of Schedule 4 to, the 2012 Act and by S.I. 2010/22.

[^f00038]: Sections 91(3), 106(3) and 123(3) were respectively amended by paragraphs 35(1) and (2)(b) and (4), 47 (1) and (4) and 60(1), (2)(b) and (4) of Schedule 4 to the 2012 Act. Sections 146 and 149 are repealed by section 208(1) of the 2012 Act from a date to be appointed. Section 147A was inserted by section 208(2) of the 2012 Act, and was amended by paragraphs 120 and 123 of Schedule 9 to the Protection of Freedoms Act 2012 (c.9). Section 208 of the 2012 Act is to be commenced from a day to be appointed. No regulations have yet been made under section 147A of the Act.

[^f00039]: Section 9 was amended by section 95 of, and paragraph 82 of Schedule 5 to, the Health and Social Care Act 2008 (c.14); paragraph 6(1), (2)(a) and (2)(c) of Schedule 4 to, the 2012 Act; paragraphs 1, 4, 17 and 18 of Schedule 14, and paragraph 10 of Schedule 17 to, the 2012 Act; paragraph 9 of Schedule 19 to the 2012 Act; paragraphs 5 and 6 of Schedule 21 to the 2012 Act; and paragraph 16 of Schedule 5 to the Care Act 2014 (c. 23).

[^f00040]: Section 30 was amended by section 159(1) of the Health and Social Care Act 2012 (c.7) (“the 2012 Act”).

[^f00041]: Section 25 is repealed by section 179(2) of the 2012 Act from a date to be appointed.

[^f00042]: The Health and Social Care Information Centre is a body corporate established by section 252(1) of the 2012 Act.

[^f00043]: S.I. 2002/253; article 5 was amended by S.I. 2009/1182.

[^f00044]: 1989 c.44. Section 7 was amended by S.I. 2005/848.

[^f00045]: S.I. 2010/231; as amended by S.I. 2011/1043 and 2159, S.I. 2012/1909, 2672 and 3006, S.I. 2013/50, 235, 349 and 1478, S.I. 2014/1887 and S.I. 2015/806 and 968.

[^f00046]: S.I. 1976/1231 (N.I.22). Article 6(1) was substituted by regulation 5 of S.R. 2008/192, and article 9(2) was amended by regulation 9 of that instrument.

[^f00047]: S.I. 2002/254; as amended by section 127 of the Health and Social Care Act 2008 (c.14), section 81(5) of the Policing and Crime Act 2009 (c.26), sections 213, 214(2) to (4), 215, 216, 218 and 219 of the Health and Social Care Act 2012, section 5(2) of, and paragraph 6 of the Schedule to, the Health and Social Care (Safety and Quality) Act 2015 (c.28), and by S.I. 2003/3148, S.I. 2004/1947 and 2033, S.I. 2007/3101, S.I. 2009/1182, S.I. 2010/233, S.I. 2011/1043, S.I. 2012/1479 and 2672 and S.I. 2014/1887.

[^f00048]: 1983 c.54. Section 10A was inserted by S.I. 2006/1914, and was amended by S.I. 2008/3131.

[^f00049]: The NHS Business Services Authority was established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 (S.I. 2005/2414). S.I. 2005/2414 was amended by S.I. 2006/632, S.I. 2007/1201 and S.I. 2013/235.

[^f00050]: S.I. 2012/1916; as amended by S.I. 2013/235, 1855 and 2593 and S.I. 2014/490 and 1887, S.I. 2015/323, 570, 903 and 1503.

[^f00051]: Sections 146 and 149 are repealed by section 208(1) of the Health and Social Care Act 2012 (c.7) from a date to be appointed. Section 147A was inserted by section 208(2) of that Act and was amended by paragraphs 120 and 132 of Schedule 9 to the Protection of Freedoms Act 2012 (c. ).

[^f00052]: 2012 c.7.

[^f00053]: S.I. 2010/231; as amended by S.I. 2011/1043 and 2159, S.I. 2012/1909, 2672 and 3006, S.I. 2013/50, 235, 349 and 1478, S.I. 2014/1887 and S.I. 2015/806 and 968.

[^f00054]: S.I. 1976/1231 (N.I.22). Article 6(1) was substituted by regulation 5 of S.R. 2008/192, and article 9(2) was amended by regulation 9 of that instrument.

[^f00055]: 1989 c.44. Section 7 was amended by S.I. 2005/848.

[^f00056]: S.I. 2002/254; as amended by section 127 of the Health and Social Care Act 2008 (c.14), section 81(5) of the Policing and Crime Act 2009 (c.26), sections 213, 214(2) to (4), 215, 216, 218 and 219 of the Health and Social Care Act 2012, section 5(2) of, and paragraph 6 of the Schedule to, the Health and Social Care (Safety and Quality) Act 2015 (c.28), and by S.I. 2003/3148, S.I. 2004/1947 and 2033, S.I. 2007/3101, S.I. 2009/1182, S.I. 2010/233, S.I. 2011/1043, S.I. 2012/1479 and 2672 and S.I. 2014/1887.

[^f00057]: The NHS Business Services Authority was established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 (S.I. 2005/2414). S.I. 2005/2414 was amended by S.I. 2006/632, S.I. 2007/1201 and S.I. 2013/235.

[^f00058]: Section 92 was amended by paragraph 36 of Schedule 4 to the Health and Social Care Act 2012 (c.7).

[^f00059]: S.I. 2009/3112. There are no relevant amendments to regulation 2.

[^f00060]: S.I. 2010/231; as amended by S.I. 2011/1043 and 2159, S.I. 2012/1909, 2672 and 3006, S.I. 2013/50, 235, 349 and 1478, S.I. 2014/1887 and S.I. 2015/806 and 968.

[^f00061]: S.R. 1976/1213 (N.I. 22). Article 6(1) was substituted by regulation 5 of S.R. 2008/192 and article 9(2) was amended by regulation 9 of S.R. 2008/192.

[^f00062]: S.I. 2002/254; as amended by section 127 of the Health and Social Care Act 2008 (c.14), section 81(5) of the Policing and Crime Act 2009 (c.26), sections 213, 214(2) to (4), 215, 216, 218 and 219 of the Health and Social Care Act 2012, section 5(2) of, and paragraph 6 of the Schedule to, the Health and Social Care (Safety and Quality) Act 2015 (c.28), and by S.I. 2003/3148, S.I. 2004/1947 and 2033, S.I. 2007/3101, S.I. 2009/1182, S.I. 2010/233, S.I. 2011/1043, S.I. 2012/1479 and 2672 and S.I. 2014/1887.

[^f00063]: 1989 c.44. Section 7 was amended by S.I. 2005/848.

[^f00064]: 2012 c.7.

[^f00065]: S.I. 1997/2817; as amended by S.I. 1998/669 and revoked by S.I. 2003/1250.

[^f00066]: S.I. 1998/669 (S.2); as amended by S.I.1998/669 and S.S. I 2000/23 and revoked by S.I. 2003/1250.

[^f00067]: S.R. 1998/13; as revoked by S.I. 2003/1250.

[^f00068]: Family Health Services Authorities no longer exist. They were merged with Health Authorities in 1994. Health Authorities have now been abolished.

[^f00069]: Section 151 was amended by paragraph 79 of Schedule 4 to the Health and Social Care Act 2012 (c.7).

[^f00070]: 1933 c.12. Schedule 1 was amended by section 51 of, and Schedule 4 to, the Sexual Offences Act 1956 (c.99); paragraph 8 of Schedule 15 to, and section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (c.33); section 139 of, and paragraph 7 of Schedule 6 to, the Sexual Offences Act 2003 (c.42); section 58(1) of, and Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c.28); paragraph 53 of Schedule 21 to the Coroners and Justice Act 2009 (c.25); section 115(1) of, and paragraph 136(a) and (b) of Schedule 9 to, the Protection of Freedoms Act 2012 (c.9); and section 57(1) of, and paragraph 1 of Schedule 5 to, the Modern Slavery Act 2015 (c.30).

[^f00071]: 1995 c.46. Schedule 1 was amended by paragraph 2(8)(a) of Schedule 5 to the Sexual Offences (Scotland) Act 2009 (asp 9).

[^f00072]: 2006 c.47. Section 2 was amended by articles 3(a) and 4 of S.I. 2012/3006.

[^f00073]: S.I. 2007/1351 (N.I. 11); as amended by section 81(2) and (3)(o)(i) of the Policing and Crime Act 2009 (c.26).

[^f00074]: 2005 asp. 10. Section 34 was amended by section 122 of the Public Services Reform (Scotland) Act 2010 (asp 8).

[^f00075]: 1986 c.45. Schedule 4A was inserted by Schedule 20 of the Enterprise Act 2002 (c.40), and was amended by section 71(3) of, and paragraph 63(1), (3)(a), (2)(a) and (b) to, the Enterprise and Regulatory Reform Act 2013 (c.24).

[^f00076]: S.I. 1989/2405 (N.I.19). Schedule 2A was inserted by article 13(2) of, and Schedule 5 to, S.I. 2005/1455 (N.I. 10).

[^f00077]: 1985 c.66. Sections 56A to 56K were inserted by section 2(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

[^f00078]: 1986 c.45. Part VIIA was inserted by section 108(1) of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00079]: Schedule 4ZB was inserted by section 108(2) of, and Schedule 19 to, the Tribunals, Courts and Enforcement Act 2007.

[^f00080]: 1986 c.46. Section 1 was amended by sections 5(1) and (2) and 8 of the Insolvency Act 2000 (c.40), section 204(1) and (3) of the Enterprise Act 2002 (c.40), and sections 111 and 164(1) of, and paragraphs 1 and 2 of Schedule 7 to, the Small Business, Enterprise and Employment Act 2015 (c.26).

[^f00081]: Section 1A was inserted by section 6(1) and (2) of the Insolvency Act 2000 (c.39), and was amended by section 111 of, and paragraphs 1, 3(1) and (2) of Schedule 7 to, the Small Business Enterprise and Employment Act 2015.

[^f00082]: S.I. 2002/3150 (N.I. 4).

[^f00083]: 1986 c.45. Section 429 was amended by section 269 of, and Schedule 23 to, the Enterprise Act 2002, and by section 106 of, and Schedule 16 to, the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00084]: 1986 c.45. Schedule B1 was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002.

[^f00085]: 2012 c.7. Sections 33 and 34 of the Health and Social Care Act 2012 (c.7) were commenced by article 2 of the Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 (S.I. 2013/160 (C.9)) on 1st April 2013.

[^f00086]: An appeal may be made to the First-tier Tribunal (Primary Health Lists) against a decision by the National Health Service Commissioning Board to refuse to enter a person in a list, to remove them from a list, or regarding conditions relating to their entry in a list. The First-tier Tribunal was established in 2008 by Part 1 of the Tribunals, Courts and Enforcement Act 2007 (c.15). The Health, Education and Social Chamber is responsible for hearing appeals concerning matters relating to the health service in England and Wales.

[^f00087]: 2008 c.14.

[^f00088]: The tenth revision of the International Statistical Classification of Diseases and Related Health Problems is available from the World Health Organisation at http://www.who.int/classifications/icd/en. Hard copies are available from the WHO bookshop which is able take orders online at http://bookorders.who.int/bookorders/index.htm and can provide a list of distributors in the UK.

[^f00089]: The document entitled National Quality Standards in the Delivery of Out of Hours Services published on 20th July 2006 is available at http://webarchive.nationalarchives.gov.uk/20130107105354/http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4137271. Hard copies may be obtained from Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS.

[^f00090]: S.I. 1976/615; as amended by S.I. 1987/409, S.I. 1994/2975, S.I. 1999/3109, S.I. 2001/2931, S.I. 2008/1554 and S.I. 2010/137.

[^f00091]: S.I. 1985/1604; as amended by S.I. 1992/247 and S.I. 2010/137.

[^f00092]: See the General Medical Services Statement of Financial Entitlements Directions 2013 which were signed on 27th March 2013, as amended, for the directions given by the Secretary of State under section 87 of the Act. Copies are available at: https://www.gov.uk/government/publications/nhs-primary-medical-services-directions-2013. These directions, and the subsequent amendments, may also be obtained in hard copy form from the Department of Health, Richmond House, 79 Whitehall, London, SW1A 2NS.

[^f00093]: Section 98A was inserted by section 49(1) of the Health and Social Care Act 2012 (c.7).

[^f00094]: 1988 c.52. Section 158 was amended by section 20(2) of the Community Care and Health (Scotland) Act 2002 (asp 5) and by S.I. 1995/889.

[^f00095]: Section 115 was amended by paragraph 54 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”).

[^f00096]: Section 126 was amended by sections 213(7)(k) and 220(7) of, and paragraph 63 of Schedule 4 to, the 2012 Act.

[^f00097]: Section 129 was amended by section sections 26, 27 and 38 of, and Schedule 6 to, the Health Act 2009 (c.21); section 207(1) to (9) of, and paragraph 66 of Schedule 4 to, the 2012 Act; paragraph 121 of Schedule 9 to the Protection of Freedoms Act 2012 (c.9); and by S.I. 2007/289 and S.I. 2010/231.

[^f00098]: Section 98A was inserted by section 49(1) of the Health and Social Care Act 2012 (c.7).

[^f00099]: 1983 c.54. Section 41A was inserted by S.I. 2015/794.

[^f00100]: 1983 c.54. Section 15 was substituted by S.I. 2006/1914.

[^f00101]: 1983 c.54. Section 15A was inserted by S.I. 2000/3041, and was amended by S.I. 2006/1914, S.I. 2007/3101 and S.I. 2011/1043.

[^f00102]: 1983 c.54. Section 21 was amended by S.I. 1996/1591, S.I. 2002/3135, S.I. 2006/1914 and S.I. 2007/3101.

[^f00103]: This document is available at: http://bma.org.uk/sessionalgps. Hard copies may be requested from The British Medical Association, BMA House, Tavistock Square, London WC1H 9JP.

[^f00104]: This guidance, last published in May 2014, is available at http://specialtytraining.hee.nhs.uk/files/2013/10/A-Reference-Guide-for-Postgraduate-Specialty-Training-in-the-UK.pdf. Hard copies are available from Health Education England, 1st Floor, Blenheim House, Duncombe Street, Leeds, LS1 4PL.

[^f00105]: S.I. 2001/3998. Schedule 2 was amended by S.I. 2003/1432, S.I. 2009/3136, S.I. 2011/448, S.I. 2014/1275 and 3277 and S.I. 2015/891.

[^f00106]: 1971 c.38. Section 2 was amended by paragraphs 1 and 2 of Schedule 17 to the Police Reform and Social Responsibility Act 2011 (c. 13).

[^f00107]: S.I. 2001/3998. Schedule 4 was amended by S.I. 2003/1432, S.I. 2005/3372, S.I. 2007/2154, S.I. 2009/3136, S.I. 2013/625, S.I. 2014/1275 and 3277 and S.I. 2015/891. Schedule 5 was amended by S.I. 2005/2864.

[^f00108]: 1971 c.38. Section 2 was amended by paragraphs 1 and 2 of Schedule 17 to the Police Reform and Social Responsibility Act 2011 (c. 13).

[^f00109]: 1989 c.41.

[^f00110]: 2005 c.9.

[^f00111]: The Health and Social Care Information Centre is a body corporate established by section 252(1) of the Health and Social Care Act 2012 (c.7).

[^f00112]: 1989 c.41.

[^f00113]: Section 126 was amended by sections 213(7)(k) and 220(7) of, and paragraph 63 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

[^f00114]: Section 132 was amended by paragraph 69 of Schedule 4 to the Health and Social Care Act 2012 (c.7), section 115 (1) of, and paragraphs 120 and 121 of Schedule 9 to, the Protection of Freedoms Act 2012 (c. 9), and by S.I. 2007/289 and S.I. 2010/22 and 231.

[^f00115]: See the National Health Service (General Medical Services Contracts) (Prescription of Drugs, Medicines and Appliances etc) Regulations 2004 (S.I. 2004/639) for the Directions given by the Secretary of State under section 88 of the Act. S.I. 2004/639 was amended by S.I. 2004/3215, S.I. 2009/2230, S.I. 2010/2389, S.I. 2011/680 and 1043, S.I. 2013/ 363 and 2494 and S.I. 2014/1625.

[^f00116]: 1971 c.38.

[^f00117]: S.I. 2001/3998. Schedule 4 was amended by S.I. 2003/1432, S.I. 2005/3372, S.I. 2007/2154, S.I. 2009/3136, S.I. 2013/625, S.I. 2014/1275 and 3277 and S.I. 2015/891. Schedule 5 was amended by S.I. 2005/2864.

[^f00118]: S.I. 2001/3998. Schedules 2 and 3 were amended by S.I. 2003/1432, S.I. 2007/2154, S.I. 2009/3136, S.I. 2011/448, S.I. 2012/1311, S.I. 2014/1275 and 3277 and S.I. 2015/891.

[^f00119]: S.I. 2012/1916. There are no amendments to regulation 215.

[^f00120]: See the National Health Service (General Medical Services Contracts) (Prescription of Drugs, Medicines and Appliances etc) Regulations 2004 (S.I. 2004/639) for the Directions given by the Secretary of State under section 88 of the Act. S.I. 2004/639 was amended by S.I. 2004/3215, S.I. 2009/2230, S.I. 2010/2389, S.I. 2011/680 and 1043, S.I. 2013/ 363 and 2494 and S.I. 2014/1625.

[^f00121]: See the National Health Service (General Medical Services Contracts) (Prescription of Drugs, Medicines and Appliances etc) Regulations 2004 (S.I. 2004/639) for the Directions given by the Secretary of State under section 88 of the Act. S.I. 2004/639 was amended by S.I. 2004/3215, S.I. 2009/2230, S.I. 2010/2389, S.I. 2011/680 and 1043, S.I. 2013/363 and 2494 and S.I. 2014/1625.

[^f00122]: S.I. 2012/1916; as amended by S.I. 2013/235, 1855 and 2593, S.I. 2014/490 and 1887, and S.I. 2015/323, 570, 903 and 1503.

[^f00123]: S.I. 2012/1916. There are no relevant amendments to regulation 213.

[^f00124]: S.I. 2004/629. There are no amendments to Schedule 1.

[^f00125]: Schedule 2 was amended by S.I. 2004/3215, S.I. 2009/2230, S.I. 2010/2389, S.I. 2011/680 and 1043, S.I. 2012/2389, S.I. 2013/363 and 2194, and S.I. 2014/1625.

[^f00126]: The Regulations made under sections 172 and 174 are the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382) and the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570). S.I. 2003/2382 was amended by S.I. 2004/633 and 936, S.I. 2005/26, 578 and 2114, S.I. 2006/562, 675 and 2171, S.I. 2007/1898, S.I. 2008/571, 1697, 1700 and 2868, S.I. 2009/411, S.I. 2010/620, S.I. 2011/1587, S.I. 2013/458, 475 and 1600, and S.I. 2015/417, 643, 570, 993 and 1776.

[^f00127]: Section 183 was amended paragraph 98 of Schedule 4 to the Health and Social Care Act 2012 (c.7) and by S.I. 2010/915 and S.I. 2013/2269.

[^f00128]: GP Systems of Choice is a scheme by which the National Health Service funds the cost of GP clinical IT systems in England. Guidance about this scheme is available from the Health and Social Care Information Centre, 1 Trevelyan Square, Boar Lane, Leeds, LS1 6AE.

[^f00129]: This guidance is available at http://www.gov.uk/government/publications/the-good-practice-guidelines-for-gp-electronic-patient-records-version-4-2011. Hard copies are available from the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS.

[^f00130]: GP Systems of Choice is a scheme by which the National Health Service funds the cost of GP clinical IT systems in England. Guidance about this scheme is available from the Health and Social Care Information Centre, 1 Trevelyan Square, Boar Lane, Leeds, LS1 6AE.

[^f00131]: Section 98A was inserted by section 49(1) of the Health and Social care Act 2012 (c.7).

[^f00132]: S.I. 2002/254; as amended by section 127 of the Health and Social Care Act 2008 (c.14), section 81(5) of the Policing and Crime Act 2009 (c.26), sections 213, 214(2) to (4), 215, 216, 218 and 219 of the Health and Social Care Act 2012 (c.7), section 5(2) of, and paragraph 6 of the Schedule to, the Health and Social Care (Safety and Quality) Act 2015 (c.28), and by S.I. 2003/3148, S.I. 2004/1947 and 2033, S.I. 2007/3101, S.I. 2009/1182, S.I. 2010/233, S.I. 2011/1043, S.I. 2012/1479 and 2672 and S.I. 2014/1887.

[^f00133]: S.I. 2009/309; as amended by S.I. 2009/1768, S.I. 2012/1909 and S.I. 2013/235 and 349.

[^f00134]: 1970 c.42. Section 1 was amended by the section 195 of Local Government Act 1972 (c.70) and section 22(4) of, and Schedule 10 to, the Local Government (Wales) Act 1994 (c.19).

[^f00135]: 1994 c.39. Section 2 was amended by paragraph 232(1) of Schedule 22 to the Environment Act 1995 (c.25).

[^f00136]: 1993 c.46. Section 1 was amended by section 224 of, and paragraph 7 of Schedule 7 to, the Local Government (Wales) Act 1994; section 112 of, and paragraph 10 of Schedule 10 to, the Government of Wales Act 1998 (c.38); section 39(1) of, and Schedules 6 and 7 to, the Public Service Ombudsman (Wales) Act 2005 (c.10); and by S.I. 2004/1823. This Act is repealed in relation to Scotland by the Scottish Public Service Ombudsman Act 2002 (asp 11).

[^f00137]: 2006 c.41. Section 97 was amended by paragraph 41 of Schedule 4 to the Health and Social Care Act 2012 (c.7).

[^f00138]: 1971 c.38. Section 2 was amended by section 151 of, and paragraphs 1 and 2 of Schedule 17 to, the Police Reform and Social Responsibility Act 2011 (c.13).

[^f00139]: See the guidance for GP practices on the Friends and Family Test, published in July 2014, which is available in full and summary form at: http://www.england.nhs.uk/ourwork/pe/fft/fft-guidance/. Hard copies of this guidance are available from Primary Care Commissioning, NHS Employers, 50 Broadway, London SW1H 0DB.

[^f00140]: See pages 7 and 8 of the full Guidance for GP Practices on the Friends and Family Test, published in July 2014, in respect of the requirement on GP practices to submit monthly reports to the Board and to publish the results of completed tests. This guidance is available at: http://www.england.nhs.uk/ourwork/pe/fft/fft-guidance/. Hard copies of this guidance are available from Primary Care Commissioning, NHS Employers, 50 Broadway, London SW1H 0DB.

[^f00141]: S.I. 2013/373.

[^f00142]: Section 1F was inserted by section 7 of the Health and Social Care Act 2012 (c.7) .

[^f00143]: Health Education England is a body corporate established under section 96 of the Care Act 2014 (c.23).

[^f00144]: See section 97 of the Care Act 2014 (c.23) for the duty on Health Education England to exercise the Secretary of State’s functions under section 1F of the Act.

[^f00145]: The NHS Cervical Screening Programme is a programme intended to reduce the number of women who develop cervical cancer and the number of women who die from that condition. All women aged between 25 and 64 are invited for cervical screening. Further information about the Programme is available at http://www.nhs.uk/conditions/Cervical-screening-test/Pages/Introduction.aspx or in hard copy form from Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS.

[^f00146]: Health for All Children, Revised 4th Edition by David M B Hall and David Elliman was published by Oxford University Press on 7th September 2006.

[^f00147]: 1865 c.73. Section 3, which makes provision for the payment of naval and marine pay and pensions by Order in Council, was amended by section 4 of the Armed Forces (Pensions and Compensations) Act 2004 (c.32) and by section 378(1) of, and Schedule 16 to, the Armed Forces Act 2006 (c.52).

[^f00148]: 1917 c.51.

[^f00149]: 1939 c.83.

[^f00150]: 1939 c.82.

[^f00151]: 1992 c.5.

[^f00152]: 1992 c.4.

[^f00153]: 1998 c.14.

[^f00154]: 1988 c.7. Section 13 was substituted by section 185(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43).

[^f00155]: 1953 c.20. Section 11 was amended by section 2 of the Population (Statistics) Act 1960 (c.32), section 23(4) of the Nurses, Midwives and Health Visitors Act 1979 (c.36) and by S.I. 1968/1242 and S.I. 1996/2395.

[^f00156]: 1983 c.20. Section 142 of the Mental Health Act 1983 was repealed by section 67 of the Mental Capacity Act 2005 (c.9). See paragraph 29 of Schedule 6 to the Mental Capacity Act 2005 which enables payments made under section 142 before the date on which that provision was repealed to continue.

[^f00157]: 1974 c.23.

[^f00158]: 1985 c.17.

[^f00159]: 1985 c.50.

[^f00160]: 2006 c.41.

[^f00161]: 1992 c.14.

[^f00162]: The World Health Organisation Alcohol Use Disorders Identification Test (AUDIT) questionnaire can be accessed at http://www.who.int/substance_abuse/activities/sbi/en/. Further information about the Test, and the questionnaires themselves, is available in hard copy from NHS England, PO Box 16738, Redditch, B97 7PT.

[^f00163]: NHS Choices is the website available at http://www.nhs.uk which provides information from the National Health Service on conditions, treatments and local services including GP services.

[^f00164]: 1989 c.41.

[^f00165]: 2005 c.9.

[^f00166]: Defence Medical Services is an umbrella organisation within the Ministry of Defence which is responsible for the provision of medical, dental and nursing services in the United Kingdom to members of the armed forces of the Crown.

[^f00167]: 1989 c.41.

[^f00168]: 2005 c.9.

[^f00169]: Section 83 was amended by paragraph 30 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”).

[^f00170]: Section 92 was amended by paragraph 36 of Schedule 4 to the 2012 Act.

[^f00171]: Section 151 was amended by paragraph 79 of Schedule 4 to the 2012 Act.

[^f00172]: See section 194 of the 2012 Act which requires a local authority to establish a Health and Wellbeing Board for its area.

[^f00173]: Local Healthwatch organisations are bodies corporate with which a local authority may enter into arrangements under section 222 of the Local Government and Public Involvement in Health Act 2007 (c.28) for the purpose of discharging their functions. Section 222 was amended by section 183 of, and Schedules 5 and 14 to, the Health and Social Care Act 2012 (c.7).

[^f00174]: Section 259 was amended by paragraph 131 of Schedule 4 to the Health and Social Care Act 2012 (c.7).

[^f00175]: 1986 c.45. Section 123 was modified by section 90 of, and Schedule 15 to, the Building Societies Act 1986 (c.53), and by section 23 of, and Schedule 10 to, the Friendly Societies Act 1992 (c.40).

[^f00176]: Section 86 was amended by section 202(1) of, and paragraph 32 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

[^f00177]: 2008 c.14.

[^f00178]: 2007 c.28. See section 225(5) of that Act for the meaning of “authorised representative”. Section 225 was amended by section 179 of, and Schedule 14 to, the Health and Social Care Act 2014 (c.7) (“the 2012 Act”); section 186(6) to (11) of the 2012 Act; and paragraphs 148 to 151 of Schedule 5 to the 2012 Act.

[^f00179]: Section 86 was amended by section 202(1) of, and paragraph 32 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

[^f00180]: 1983 c.54. Section 35D was substituted by S.I. 2002/3135, and was amended by section 99 of, and Schedule 7 to, the Health and Social Care Act 2008 (c.14) and by S.I. 2014/1101 and S.I. 2015/794.

[^f00181]: Section 38 was substituted by S.I. 2002/3135 and was amended by S.I. 2015/794.

[^f00182]: Section 41A was substituted by S.I. 2002/3135 and was amended by S.I. 2006/1914 and S.I. 2015/794.

[^f00183]: 1983 c.54. Section 35D was substituted by S.I. 2002/3135 and was amended by section 99 of, and Schedule 7 to, the Health and Social Care Act 2008, and by S.I. 2006/1914, S.I. 2014/1101, and S.I. 2015/794.

[^f00184]: Section 86(3) was amended by section 202 of, and paragraph 32 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

[^f00185]: Section 151 was amended by paragraph 79 of Schedule 4 to the Health and Social Care Act 2012 (c.7).

[^f00186]: 1933 c.12. Schedule 1 was amended by section 51 of, and Schedule 4 to, the Sexual Offences Act 1956 (c.69); section 170 of, and Schedule 16 to, the Criminal Justice Act 1988 (c.33); section 139 of, and Schedule 6 to, the Sexual Offences Act 2003 (c.42); section 58(1) of, and Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c.28); section 177(1) of, and Schedule 21 to, the Coroners and Justice Act 2009 (c.25); section 115(1) of, and Schedule 10 to, the Protection of Freedoms Act 2012 (c.9); and section 57(1) of, and Schedule 5 to, the Modern Slavery Act 2015 (c.30).

[^f00187]: 1995 c.46.

[^f00188]: 2006 c.47.

[^f00189]: S.I. 2007/1351 (N.I. 11).

[^f00190]: 2005 asp. 10.

[^f00191]: 1986 c.45. Schedule 4A was inserted by section 257(2) of, and Schedule 20 to, the Enterprise Act 2002 (c.40).

[^f00192]: S.I. 1985/2405 (N.I.19). Schedule 2A was inserted by S.I. 2005/1455 (N.I.10).

[^f00193]: 1985 c.66. Sections 56A to 56K were inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

[^f00194]: Part VIIA was inserted by section 108(1) of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00195]: Schedule 4ZB was inserted by section 108(2) of, and Schedule 19 to, the Tribunals, Courts and Enforcement Act 2007.

[^f00196]: 1986 c.45. Part IV was substituted by S.I. 2009/1941.

[^f00197]: 1986 c.45. Schedule B1 was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002.

[^f00198]: 1986 c.46. Section 1 was amended by sections 5(1) and (2) and 8 of the Insolvency Act 2000 (c.39), section 204(1) and (3) of the Enterprise Act 2002, and sections 111 and 164(1) of, and paragraphs 1 and 2 of Schedule 7 to, the Small Business, Enterprise and Employment Act 2015 (c.26).

[^f00199]: Section 1A was inserted by section 6(1) and (2) of the Insolvency Act 2000, and was amended by section 111 of, and paragraphs 1, 3(1) and (2) of Schedule 7 to, the Small Business Enterprise and Employment Act 2015.

[^f00200]: S.I. 2002/3150 (N.I. 4); as amended by S.I. 2004/347, S.I. 2005/1454 and 1455.

[^f00201]: 1986 c.45. Section 429 was amended by section 269 of, and Schedule 3 to, the Enterprise Act 2002 (c.40), and section 106 of, and Schedule 16 to, the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00202]: S.I. 2004/629. The relevant amending instruments are S.I. 2004/3215 and SI. 2010/2389 .

[^f00203]: S.I. 2004/906. There are no relevant amending instruments.

[^f00204]: S.I. 2005/2414.The relevant amending instruments are S.I. 2006/632 and S.I. 2013/235.

[^f00205]: S.I. 2009/309. Paragraphs (a)(i), (ia), (ii) and (iii) of the definition of “relevant complaints procedure” were substituted by regulation 120 of, and paragraph 7(a) of Schedule 10 to S.I. 2013/349.

[^f00206]: S.I. 2010/76. The definition of “PMS Agreements Regulations” was amended by article 11 of, and Part 1 of Schedule 2 to, S.I. 2013/235.

[^f00207]: S.I. 2012/1631.There are no relevant amending instruments.

[^f00208]: S.I. 2013/335.There are no relevant amending instruments.

[^f00209]: S.I. 2013/349.There are no relevant amending instruments.

[^f00210]: S.I. 2013/350.There are no relevant amending instruments.

[^f00211]: S.I. 2013/500. There are no relevant amending instruments.

Editorial notes

[^c22713741]: 2006 c.41. Section 9 of the National Health Service Act 2006 (“the Act”) was amended by section 95 of, and paragraph 82 of Schedule 5 to, the Health and Social Care Act 2008 (c.14); paragraph 6 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”); paragraphs 1, 4, 17 and 18 of Schedule 14 and paragraph 10 of Schedule 17 to, the 2012 Act; paragraph 9 of Schedule 19 to the 2012 Act; paragraphs 5 and 6 of Schedule 21 to the 2012 Act; and paragraph 16 of Schedule 5 to the Care Act 2014 (c. 23). Section 83 of the Act was amended by paragraph 30 of Schedule 4 to the 2012 Act. Section 86 of the Act was amended by section 202(1) of, and paragraph 32 of Schedule 4 to, the 2012 Act. Section 89 of the Act was amended by section 202(2) of the 2012 Act, and sub-section (1A) of that section was inserted by section 28(1) of the 2012 Act. Section 91 was amended by paragraph 35 of Schedule 4 to the 2012 Act. Section 97 was amended by paragraph 41 of Schedule 12 to the 2012 Act. Section 187 was amended by paragraph 101 of Schedule 4 to the 2012 Act. The powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England, by virtue of section 271(1) of the Act. See section 275(1) of the Act for the meaning given to “prescribed” and “regulations”.