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

The National Health Service (Service Committees and Tribunal) Regulations 1992

10.  Subject to articles 94 to 104, the National Health Service (Service Committees and Tribunal) Regulations 1992(1) shall be amended as follows—

(a) in regulation 2 (interpretation)(2)—

(i) in paragraph (1)—

(aa) omit the definitions of “doctors' panel”, “Local Medical Committee”, “Medical Advisory Committee”, “medical discipline committee”, “medical list”, “medical officer”, “Medical Regulations”, “personal medical services”, “pilot scheme” and “pilot scheme practitioner”;

(bb) in the definition of “deputy”, omit paragraph (a);

(cc) in the definition of “Part II service”, omit the words “general medical services”;

(dd) in the definition of “practitioner”, omit the words “doctor,”;

(ee) in the definition of “relevant local representative committee”, omit paragraph (a);

(ff) in the definition of “terms of service”, omit paragraph (a); and

(gg) in the definition of “treatment”, omit the words “in relation to general medical services, has the same meaning as in the Medical Regulations, and,”, and

(ii) in paragraph (4), omit sub-paragraph (b);

(b) in regulation 3 (establishment of committees)(3), omit paragraph (1)(a);

(c) in regulation 4 (provisions relating to the start of disciplinary proceedings)(4)—

(i) omit paragraph (5)(b) and (c) and (6); and

(ii) in paragraph (5)(a), omit the word “medical,” and in the full out text in paragraph (5), omit the words “or other doctor referred to in sub-paragraph (b)”;

(d) in regulation 5 (referral to investigating committee)(5), omit paragraph (3)(a);

(e) in regulation 6 (time limits)(6), in paragraph (3)(a), omit the word “doctor,”;

(f) in regulation 8 (determination of appropriate Health Authority or Primary Care Trust)(7)—

(i) omit paragraphs (3) and (4), and

(ii) in paragraph (8), for the words “paragraphs (3), or”, substitute “paragraph”;

(g) in regulation 9 (appeal to the Secretary of State)(8)—

(i) in paragraph (1)(b), omit (3),

(ii) in paragraphs (3)(c)(ii) and (4)(b) for the words “paragraphs (3) or” in each place where it appears, substitute “paragraph”, and

(iii) in paragraph (5), omit “(3),” in the second place it appears;

(h) in regulation 10 (procedure on appeal)(9)—

(i) in paragraph (5), omit “(3)”,

(ii) in paragraph (7), omit sub-paragraph (a), and

(iii) in paragraph (8), omit sub-paragraph (a);

(i) in regulation 11 (recovery of amounts from practitioners following appeal)(10)—

(i) in paragraph (2) and (3)(a), omit the words “doctor or” in both places it appears,

(ii) in paragraph (4), omit sub-paragraph (a), and

(iii) in paragraph (7), for the words “paragraphs (3), or”, substitute “paragraph”;

(j) omit regulations 15 (excessive prescribing by doctors), 16 (investigation of certification), 17 (investigation of record keeping) and 18 (decision as to treatment for which fees may be charged by doctors);

(k) in regulation 20 (power of Local Representative Committees to consider complaints)(11), omit paragraph (1);

(l) in regulation 32 (service of documents)(12), in paragraph (1)(a), omit the word “doctor,” and “medical,”;

(m) in regulation 37 (referral of matters to professional bodies)(13), in paragraph (4)(a), omit the words “a doctor or”;

(n) in Schedule 2 (constitution of discipline committees)(14)—

(i) omit paragraph 2(1)(b)(ii),

(ii) in paragraph 2(2), for “(ii)”, substitute “(iii)”,

(iii) in paragraph 2(4), omit sub-paragraph (a), and

(iv) in paragraph 8, omit sub-paragraph (c)(i);

(o) in Schedule 4 (procedure for investigation by discipline committees)(15)—

(i) in paragraph 2, omit sub-paragraph (1)(a), and

(ii) in paragraph 9, omit sub-paragraph (b)(i) and (c);

(p) in Schedule 5 (advisory committees)(16), omit paragraph 1 and Part 2; and

(q) omit Schedule 7 (rules of procedure under regulation 18).

(1)

S.I. 1992/664.

(2)

Regulation 2 was previously amended by S.I. 1996/703, 1998/674 and 2002/2469.

(3)

Regulation 3 was previously amended by S.I. 1996/703 and 2002/2469.

(4)

Regulation 4 was previously amended by S.I. 1996/703, 1998/674 and 2002/2469.

(5)

Regulation 5 was previously amended by S.I. 1996/703 and 2002/2469.

(6)

Regulation 6 was previously amended by S.I. 1996/703 and 2002/2469.

(7)

Regulation 8 was previously amended by S.I. 1996/703 and 2002/2469.

(8)

Regulation 9 was previously amended by S.I. 1996/703 and 2002/2469.

(9)

Regulation 10 was previously amended by S.I. 1996/703 and 2002/2469.

(10)

Regulation 11 was previously amended by S.I. 1996/703 and 2002/2469.

(11)

Regulation 20 was previously amended by S.I. 1998/674.

(12)

Regulation 32 was previously amended by S.I. 1996/703 and 2003/1937.

(13)

Regulation 37 was previously amended by S.I. 1996/703 and 2002/2469.

(14)

Schedule 2 was previously amended by S.I. 1996/703 and 2002/2469.

(15)

Schedule 4 was previously amended by S.I. 1996/703 and 2002/2469.

(16)

Schedule 5 was previously amended by S.I. 1996/703.