The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004

4.—(1) The National Health Service (General Ophthalmic Services) Regulations 1986(1) shall be amended as provided in this paragraph.

(2) In regulation 2(1) (interpretation), for the definition of “lists”, substitute—

““list” means—

(a)

a list referred to in section 49N(1)(a) to (c) of the Act;

(b)

a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of that Act as the list existed on or before 31st March 2004; or

(c)

a list of persons approved by a Local Health Board for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(i) of that Act as the list existed on or before 31st March 2004.”.

(3) In Schedule 1, for paragraph 8C (complaints against ophthalmic medical practitioners) substitute—

“(1) Where a contractor who, being an ophthalmic medical practitioner, also performs primary medical services under a GMS contract for any person to whom he or she provides general ophthalmic services, the complaints procedure established and operated in accordance with the terms of that GMS contract shall apply in relation to any matter reasonably connected with his provision of general ophthalmic services as it applies as respects the provision of services under the GMS contract.

(2) Accordingly, any requirement as to co-operation with investigations of complaints by other bodies imposed on a GMS contractor under the term of its contract which gives effect to paragraph 95 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004(2) also applies in relation to complaints about such matters.”.

(3) In this paragraph “GMS contract” means a general medical services contract under section 28Q of the Act and “general medical services contractor” shall be construed accordingly.

(4) For as long as there are in existence contracts entered into under article 13 of the General Medical Services Transitional and Consequential Provisions (Wales) Order 2004(3) (“default contracts”) any reference in this paragraph to a GMS contract shall be read as including a reference to a contract entered into under that article and any reference to a term of a GMS contract shall be read as including a reference to the equivalent term of the default contract.

(5) In paragraph 10 of Schedule 1A (information and undertakings to be given), for “whose dental, medical, pharmaceutical, supplementary or services list”, substitute “any of whose lists”.

(1)

S.I. 1986/975.

(2)

S.I. 2004/478 (W.48).

(3)

S.I. 2004/477 (W.47).