The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Transitional provision in cases where preferential treatment on transferring to medical lists was given

106.—(1) This article applies to any case to which, on or before 31st March 2004, paragraph 1 of Schedule 1 (cases where preferential treatment on transferring to medical lists is given) to the Primary Care Act 1997(1) (“the Schedule”) applies.

(2) If —

(a) a medical practitioner had made an application to a Primary Care Trust, pursuant to paragraph 1 of the Schedule, for his name to be included in its medical list; and

(b) the matter had not been determined on or before 31st March 2004,

paragraph 7 of Schedule 1 (transitional and consequential provisions) to the Performers Lists Regulations shall apply.

(3) In a case where—

(a) paragraph (2) applies; and

(b) the Primary Care Trust determines to add that medical practitioner’s name to its medical performers list,

that medical practitioner shall be treated as though his name had been included in the medical list of that Primary Care Trust on 31st March 2004.

(4) In any case where representations under paragraph 3 of the Schedule have been made and the FHSAA (“the Authority”) has not determined that matter on or before 31st March 2004, the matter shall be treated by the Authority as though it were an appeal against the refusal of the Primary Care Trust to include that medical practitioner’s name in its medical performers list.

(5) If the Authority decides that appeal in favour of that medical practitioner—

(a) his name shall be included in that Primary Care Trust’s medical performers list; and

(b) he shall be treated as though his name had been included in the medical list of that Primary Care Trust on 31st March 2004.

(6) In a case to which paragraph (4) applies (“paragraph 4 case”), if that medical practitioner had applied to be included in the medical performers list of any Primary Care Trust or, by virtue of paragraph 7 of Schedule 1 to the Performers Lists Regulations, is treated as so applying, any appeal to the Authority in respect of that application shall be heard with the paragraph 4 case.

(1)

1997 c. 46. Schedule 1 is repealed by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 14, Part 4 and the repeal was commenced on 1st April 2004 by S.I. 2004/288.