text:
PART 1
GENERAL
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2005 and shall come into force on 14 th April 2005.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“ GMS Contracts Regulations ” means the National Health Service (General Medical Services Contracts) Regulations 2004 ;
“ PMS agreement ” means an agreement for primary medical services made under section 28C of the Act ;
“ PMS Agreements Regulations ” means the National Health Service (Personal Medical Services Agreements) Regulations 2004 ;
“ Performers Lists Regulations ” means the National Health Service (Performers Lists) Regulations 2004 ; and
“relevant body” means —
in a case where a contractor is a party to a PMS agreement with a Primary Care Trust, that Primary Care Trust, and
in a case where a contractor is a party to a PMS agreement with a Strategic Health Authority, that Strategic Health Authority.
PART 2
AMENDMENT OF THE GMS CONTRACTS REGULATIONS
Amendment of regulation 2 of the GMS Contracts Regulations
2
1
Regulation 2(1) (interpretation) of the GMS Contracts Regulations shall be amended as provided in the following paragraphs.
2
After the definition of “adjudicator”, insert —
“advanced electronic signature” means an electronic signature which is —
uniquely linked to the signatory,
capable of identifying the signatory,
created using means that the signatory can maintain under his sole control, and
linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
.
3
In the definition of “bank holiday”, after “proclaimed as a bank holiday” insert “in England and Wales”.
4
In the definition of “batch issue” —
a
before “prescriber”, in each place where it occurs, insert “repeatable”; and
b
for “repeatable prescription”, in each place where it occurs, substitute “non-electronic repeatable prescription”.
5
After the definition of “core hours” insert —
“dispenser” means a chemist, medical practitioner or contractor whom a patient wishes to dispense his electronic prescriptions;
.
6
In the definition of “dispensing services”, for “regulation 20” substitute “regulation 60”.
7
In the definition of “Drug Tariff”, for “regulation 18” substitute “regulation 56”.
8
After the definition of “Drug Tariff”, insert —
“electronic communication” has the same meaning as in section 15 of the Electronic Communications Act 2000 ;
“electronic prescription” means an electronic prescription form or an electronic repeatable prescription;
“electronic prescription form” means a prescription form which falls within paragraph (b) of the definition of “prescription form”;
“electronic repeatable prescription” means a prescription which falls within paragraph (a)(ii) of the definition of “repeatable prescription”;
.
9
After the definition of “essential services”, insert —
“ETP service” means the electronic prescription service which forms part of the NHS Care Record Service;
.
10
Omit the definition of “ NCAA ”.
11
After the definition of “national disqualification” insert —
“NHS Care Record” means the records relating to an individual patient held by the NHS Care Record Service;
“NHS Care Record Service” means the information technology systems procured by the Department of Health and used by the health service to hold medical records relating to patients;
.
12
After the definition of “the NHS Tribunal” insert —
“nominated dispenser” means a chemist, medical practitioner or contractor whom a patient has nominated in his NHS Care Record to dispense his electronic prescriptions;
“non-electronic prescription form” means a prescription form which falls within paragraph (a) of the definition of “prescription form”;
“non-electronic repeatable prescription” means a prescription which falls within paragraph (a)(i) of the definition of “repeatable prescription”;
.
13
After the definition of “normal hours” insert —
“ NPSA ” means the National Patient Safety Agency established as a Special Health Authority by the National Patient Safety Agency (Establishment and Constitution) Order 2001 ;
.
14
In the definition of “Pharmaceutical Regulations” for “National Health Service (Pharmaceutical Services) Regulations 1992” substitute “National Health Service (Pharmaceutical Services) Regulations 2005 ”.
15
For the definition of “prescription form”, substitute —
“prescription form” means —
a form provided by the Primary Care Trust and issued by a prescriber, or
where paragraph 39A(1) of Schedule 6 applies, data that are created in an electronic form, signed with a prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,
to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription;
.
16
After the definition of “repeat dispensing services”, insert —
“repeatable prescriber” means a prescriber who is —
engaged or employed by a contractor which provides repeatable prescribing services under the terms of its contract which give effect to paragraph 40 of Schedule 6, or
a party to a contract under which such services are provided;
.
17
For the definition of “repeatable prescription”, substitute —
“repeatable prescription” means a prescription which —
either —
is contained in a form provided by the Primary Care Trust and issued by a repeatable prescriber which is in the format specified in Part 1 of Schedule 1 and which is generated by a computer and signed in ink by a repeatable prescriber; or
where paragraph 39A(1) of Schedule 6 applies, consists of data that are created in an electronic form, signed with a repeatable prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,
is issued or created to enable a person to obtain pharmaceutical services or local pharmaceutical services, and
indicates that the drugs, medicines or appliances ordered on that prescription may be provided more than once and specifies the number of occasions on which they may be provided;
.
18
In the definition of “supplementary prescriber” —
a
in paragraph (b)(ii), omit “or”;
b
in paragraph (b)(iii), for “and”, in the second place where it occurs, substitute “or”; and
c
after paragraph (b)(iii), insert —
iv
the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
aa
chiropodists and podiatrists;
bb
physiotherapists; or
cc
radiographers: diagnostic or therapeutic, and
.
Amendment of Schedule 5 to the GMS Contracts Regulations
3
In Schedule 5 (fees and charges) to the GMS Contracts Regulations, in paragraph (k), for “regulation 20” substitute “regulation 60”.
Amendment of Schedule 6 to the GMS Contracts Regulations
4
1
Schedule 6 (other contractual terms) to the GMS Contracts Regulations shall be amended as provided in the following paragraphs.
2
After paragraph 1 (premises), insert —
Telephone services
1A
1
The contractor shall not be a party to any contract or other arrangement under which the number for telephone services to be used by —
a
patients to contact the practice for any purpose related to the contract; or
b
any other person to contact the practice in relation to services provided as part of the health service,
starts with the digits 087, 090 or 091 or consists of a personal number, unless the service is provided free to the caller.
2
In this paragraph, “personal number” means a telephone number which starts with the number 070 followed by a further 8 digits.
.
3
After paragraph 11 (standards for out of hours services), insert —
Supply of medicines etc. by contractors providing out of hours services
11A
1
In this paragraph —
“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;
“complete course” means the course of treatment appropriate to the patient’s condition, being the same as the amount that would have been prescribed if the patient had been seen during core hours;
“necessary drugs, medicines and appliances” means those drugs, medicines and appliances which the patient requires and for which, in the reasonable opinion of the contractor, and in the light of the patient’s medical condition, it would not be reasonable in all the circumstances for the patient to wait until such time as he could obtain them during core hours;
“out of hours performer” means a prescriber, a person acting in accordance with a Patient Group Direction or any other health care professional employed or engaged by the contractor who can lawfully supply a drug, medicine or appliance, who is performing out of hours services under the contract;
“Patient Group Direction” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997 ; and
“supply form” means a form provided by a Primary Care Trust and completed by or on behalf of the contractor for the purpose of recording the provision of drugs, medicines or appliances to a patient during the out of hours period.
2
Where a contractor whose contract includes the provision of out of hours services has agreed with the Primary Care Trust that its contract should also include the supply of necessary drugs, medicines and appliances to patients at the time that it is providing them with out of hours services, the contractor shall comply with the requirements in sub-paragraphs (3) to (5).
3
The contractor shall ensure that an out of hours performer —
a
only supplies necessary drugs, medicines and appliances;
b
supplies the complete course of the necessary medicine or drug required to treat the patient; and
c
does not supply —
i
drugs, medicines or appliances which he could not lawfully supply,
ii
appliances which are not listed in Part IX of the Drug Tariff,
iii
restricted availability appliances, except where the patient is a person, or it is for a purpose, specified in the Drug Tariff, or
iv
a drug, medicine or other substance listed in Schedule 1 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc ) Regulations 2004 , or a drug, medicine or other substance listed in Schedule 2 to those Regulations other than in the circumstances specified in that Schedule.
4
The out of hours performer shall record on a separate supply form for each patient any drugs, medicines or appliances supplied to the patient provided that a single supply form may be completed where the out of hours performer supplies necessary drugs, medicines or appliances to two or more persons in a school or other institution in which at least 20 persons normally reside, when the out of hours performer may write on the supply form the name of the school or institution rather than the name of the individual patient.
5
The out of hours performer shall —
a
ask any person who makes a declaration that the patient does not have to pay the charges specified in regulation 4(1) of the Charges Regulations by virtue of either —
i
entitlement to exemption under regulation 7(1) of the Charges Regulations , or
ii
entitlement to remission of charges under regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ,
to produce satisfactory evidence of such entitlement, unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (a), (c), (d), (e), (f) or (g) of regulation 7(1) of the Charges Regulations, and at the time of the declaration the out of hours performer already has such evidence available to him; and
b
if no satisfactory evidence is produced to him (and, where it is relevant, none is already available to him as mentioned in paragraph (a)), endorse the supply form to that effect.
6
Subject to sub-paragraph (7), nothing in this paragraph shall prevent an out of hours performer supplying a Scheduled drug or a restricted availability appliance in the course of treating a patient under a private arrangement.
7
The provisions of regulation 24 (fees and charges) apply in respect of the supply of necessary drugs, medicines and appliances under this paragraph as they apply in respect of prescriptions for drugs, medicines and appliances.
.
4
In paragraph 38 (prescribing) —
a
after “issued” insert “or created”; and
b
after “paragraphs 39” insert “, 39A”.
5
In paragraph 39 —
a
in sub-paragraph (1), for the words from “by issuing to that patient” to the end substitute —
by —
a
issuing to that patient a non-electronic prescription form or non-electronic repeatable prescription completed in accordance with sub-paragraph (3); or
b
where paragraph 39A(1) applies, creating and transmitting an electronic prescription,
and such a non-electronic prescription form, non-electronic repeatable prescription or electronic prescription shall not be used in any other circumstances.
;
b
in sub-paragraph (3) —
i
for “such” substitute “non-electronic”,
ii
before “repeatable prescription”, in the first place that it occurs, insert “non-electronic”, and
iii
omit from the words “and — ” to the end;
c
after sub-paragraph (3), insert —
3A
A prescription form or repeatable prescription shall not refer to any previous prescription form or repeatable prescription.
3B
A separate prescription form or repeatable prescription shall be used for each patient, except where a bulk prescription is issued for a school or institution under paragraph 44.
;
d
in sub-paragraph (4) —
i
after “buprenorphine” insert “or diazepam”, and
ii
in paragraph (a), before “prescription form” insert “non-electronic”;
e
in sub-paragraph (5), before “prescription form” insert “non-electronic”; and
f
in sub-paragraphs (6) and (7) —
i
after “issued” insert “or created”, and
ii
for paragraph (c), substitute —
c
he undertakes to —
i
furnish the chemist within 72 hours with a non-electronic prescription form or non-electronic repeatable prescription completed in accordance with sub-paragraph (3), or
ii
transmit to the ETP service within 72 hours an electronic prescription.
.
6
After paragraph 39 insert —
Electronic prescriptions
39A
1
A prescriber may only order drugs, medicines or appliances by means of an electronic prescription if —
a
the contractor holds a contract with a Primary Care Trust which is specified in directions issued by the Secretary of State under section 17 of the Act as being a Primary Care Trust which can authorise its contractors to use the ETP service ;
b
the patient to whom the prescription relates has —
i
nominated one or more dispensers in his NHS Care Record,
ii
confirmed that he intends to use that dispenser (or one of them) for the purposes of obtaining the drugs, medicines or appliances ordered on the electronic prescription in question, and
iii
consents to the use of an electronic prescription on the particular occasion; and
c
the prescription is not —
i
for a controlled drug within the meaning of the Misuse of Drugs Act 1971 , other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001 ,
ii
for supply by instalments under paragraph 39(4), or
iii
a bulk prescription issued for a school or institution under paragraph 44.
2
In relation to a patient who is a child or an adult incapable of nominating a dispenser, sub-paragraph (1)(b) shall apply as if the reference to the patient to whom the prescription relates included a reference to —
a
in the case of a child, that patient’s parent or other person referred to in paragraph 15(4)(a); or
b
in the case of an adult, that patient’s relative or primary carer.
3
A prescriber who orders drugs, medicines or appliances by means of an electronic prescription shall —
a
in the case of an electronic repeatable prescription, issue the patient with a form provided by the Primary Care Trust for the purpose of recording details of that electronic repeatable prescription and linked to that electronic repeatable prescription by a number contained on the form; and
b
in the case of an electronic prescription form, issue the patient, if he so requests, with a written record of the prescription which has been created.
Nomination of dispensers for the purpose of electronic prescriptions
39B
1
A contractor which operates the ETP service for its patients shall, if requested to do so by a patient, enter in that patient’s NHS Care Record —
a
where he does not have a nominated dispenser, the dispenser chosen by that patient; and
b
where he does have a nominated dispenser —
i
a replacement dispenser, or
ii
a further dispenser,
chosen by that patient.
2
Sub-paragraph (1)(b)(ii) shall not apply if the number of nominated dispensers would thereby exceed the maximum number permitted by the ETP service.
3
Paragraph 15(4) shall apply in relation to requests under sub-paragraph (1) as it applies to applications for inclusion in a list of patients.
4
A contractor —
a
shall not seek to persuade a patient to nominate a dispenser recommended by the prescriber or the contractor; and
b
shall, if asked by the patient to recommend a chemist whom he might nominate as his dispenser, provide the patient with the list of all the chemists in the area who provide an ETP service as given to the contractor by the Primary Care Trust.
.
7
In paragraph 40 (repeatable prescribing services) —
a
in sub-paragraph (2) —
i
omit paragraph (a), and
ii
in paragraph (b), before “repeatable prescriptions” insert “non-electronic”; and
b
in sub-paragraph (7)(b), for “regulation 20” substitute “regulation 60”.
8
In paragraph 41 (repeatable prescriptions) —
a
in sub-paragraph (1), before “repeatable prescription” insert “non-electronic”; and
b
for sub-paragraphs (2) to (4) substitute —
2
Where a prescriber wishes to make any change to the type, quantity, strength or dosage of drugs, medicines or appliances ordered on a person’s repeatable prescription he must —
a
in the case of a non-electronic repeatable prescription —
i
notify the person, and
ii
make reasonable efforts to notify the chemist providing repeat dispensing services to that person,
that the original repeatable prescription should no longer be used to obtain or provide repeat dispensing services and make arrangements for a replacement repeatable prescription to be issued to that person; or
b
in the case of an electronic repeatable prescription —
i
arrange with the ETP service for the cancellation of the original repeatable prescription in the person’s NHS Care Record, and
ii
create a replacement electronic repeatable prescription relating to that person and notify him that he has done so.
3
A prescriber who has created an electronic repeatable prescription for a person must as soon as practicable arrange with the ETP service for its cancellation in that person’s NHS Care Record if, before the expiry of that prescription —
a
he considers that it is no longer appropriate or safe for that person to receive the drugs, medicines or appliances ordered on his electronic repeatable prescription or no longer appropriate or safe for him to continue to receive repeatable prescribing services;
b
he has issued the person with a non-electronic repeatable prescription in place of the electronic repeatable prescription; or
c
it comes to his notice that that person has been removed from the list of patients of the contractor on whose behalf the prescription was issued.
4
Where a prescriber has cancelled a person’s electronic repeatable prescription in accordance with sub-paragraph (3) he must, as soon as is practicable, notify that person.
5
A prescriber who has issued a non-electronic repeatable prescription in respect of a person must, as soon as practicable, make reasonable efforts to notify the chemist that that repeatable prescription should no longer be used to provide repeat dispensing services to that person, if, before the expiry of that repeatable prescription —
a
he considers that it is no longer appropriate or safe for that person to receive the drugs, medicines or appliances ordered on his repeatable prescription or no longer appropriate or safe for him to continue to receive repeatable prescribing services;
b
he issues or creates a further repeatable prescription in respect of the person to replace the original repeatable prescription other than in the circumstances referred to in sub-paragraph (2)(a) (for example, because the person wishes to obtain the drugs, medicines or appliances from a different chemist); or
c
it comes to his notice that that person has been removed from the list of patients of the contractor on whose behalf the prescription was issued.
6
Where the circumstances in sub-paragraph (5)(a) to (c) apply, the prescriber must as soon as practicable notify the person on whose behalf the non-electronic repeatable prescription was issued that that repeatable prescription should no longer be used to obtain repeat dispensing services.
.
9
In paragraph 42 (restrictions on prescribing by medical practitioners) —
a
in sub-paragraph (2)(c), for “endorses the form with” substitute “includes on the prescription form”; and
b
in sub-paragraph (3)(b), for “endorses the face of the form with” substitute “includes on the prescription form”.
10
In paragraph 43 (restrictions on prescribing by supplementary prescribers) —
a
in sub-paragraph (1)(a), for “give” substitute “issue or create”;
b
omit sub-paragraphs (2)(b), (4)(c) and (f) and (6);
c
in sub-paragraph (2)(d)(iii), for “giving a prescription, he endorses the face of the form with” substitute “issuing or creating a prescription, he includes on the prescription form”;
d
in sub-paragraph (3), for “give” substitute “issue or create”; and
e
in sub-paragraph (4), in paragraphs (e)(iii) and (h)(iii), for “giving the prescription, he endorses the face of the form with” substitute “issuing or creating the prescription, he includes on the prescription form”.
11
In paragraph 44 (bulk prescribing), in sub-paragraphs (1) and (2), before “prescription form” insert “non-electronic”.
12
In paragraph 47 (provision of dispensing services) —
a
in sub-paragraph (1), for “regulation 20” substitute “regulation 60”;
b
in sub-paragraph (4)(b), for “regulation 12(15) or 13(13)(b) of the Pharmaceutical Regulations as they apply pursuant to paragraph 48(5) or (6)” substitute “regulation 20(2) or 38(14)(b) of the Pharmaceutical Regulations as they apply pursuant to paragraph 48(5)”;
c
in sub-paragraph (9)(a), for “regulation 12(15) or 13(13) of the Pharmaceutical Regulations as they apply pursuant to paragraph 48(5) or (6)” substitute “regulation 20(2) or 38(14)(b) of the Pharmaceutical Regulations as they apply pursuant to paragraph 48(5)”; and
d
in sub-paragraph (9)(b)(ii), for “regulation 9(10)” substitute “regulation 31(9)”.
13
In paragraph 48 (consent to dispense) —
a
in sub-paragraph (2), for “by the Primary Care Trust in accordance with regulations 12 and 13 of the Pharmaceutical Regulations (as modified in accordance with sub-paragraphs (5) and (6)), as though it were an application under regulation 21 of those Regulations” substitute “in accordance with regulations 18, 33, 34 and 36 to 38 of the Pharmaceutical Regulations (as modified in accordance with sub-paragraph (5)), as though it were an application for outline consent under regulation 61 of those Regulations”;
b
in sub-paragraph (4), for “regulation 12(16)” substitute “regulation 39(12)”; and
c
for sub-paragraphs (5) and (6) substitute —
5
Regulations 18, 20(2), 33, 34, 36 and 38 of the Pharmaceutical Regulations shall apply as if —
a
in regulations 18(2), 33(2) and (3) and 36(1), (3) and (9), the references to provisions being “subject to regulations 25 and 26” were omitted;
b
in regulations 18(2)(b) and (c), 33(2)(j) and 34(1)(a), for the references to “regulation 61” there were substituted references to this paragraph;
c
in regulations 20(2) and 38(2)(c), for the references to “regulation 60” there were substituted references to paragraph 47; and
d
in regulation 38(14)(b), for the reference to “arrangements under regulation 60 for the provision by a doctor of pharmaceutical services” there were substituted a reference to arrangements under paragraph 47 for the provision by a contractor of dispensing services.
.
14
In paragraph 50 (terms relating to the provision of dispensing services) —
a
in sub-paragraph (2)(a), for “on a prescription form completed in accordance with paragraph 39(3);” substitute —
on —
i
a non-electronic prescription form completed in accordance with paragraph 39(3), or
ii
if the contractor is the patient’s nominated dispenser (or one of them), an electronic prescription form;
;
b
for sub-paragraph (4), substitute —
4
Where a patient —
a
presents to a contractor who may provide dispensing services an order on a non-electronic prescription form for drugs, medicines or appliances signed by an independent nurse prescriber, or an order for a restricted availability appliance signed by and endorsed with the reference “SLS” by an independent nurse prescriber; or
b
informs a contractor who may provide dispensing services and who is his nominated dispenser (or one of them) that an independent nurse prescriber has ordered drugs, medicines or appliances for him by means of an electronic prescription form,
the contractor may, provided, in a case to which paragraph (b) applies, it has received the electronic prescription form from the ETP service, provide to the patient such of the drugs, medicines or appliances so ordered as it supplies in the normal course of its practice.
; and
c
for sub-paragraph (8), substitute —
8
A contractor providing dispensing services shall comply with paragraph 5 of Schedule 2 (terms of service of dispensing doctors) to the Pharmaceutical Regulations, as if modified as follows —
a
for “paragraph 3, or in the circumstances set out in paragraph 4” there were substituted “paragraph 50(2) or (4) of Schedule 6 to the GMS Regulations”; and
b
for “the dispensing doctor”, in each place where it occurs, there were substituted “the contractor providing dispensing services”.
.
15
In paragraph 68 (appraisal and assessment), in sub-paragraph (1)(b), for “NCAA” substitute “NPSA”.
16
Omit paragraph 74 (access to records for the purpose of the Quality Information Preparation Scheme).
17
In paragraph 79 (inquiries about prescriptions and referrals), in sub-paragraph (1)(a), after “issued” insert “or created”.
18
In paragraph 80 (reports to a medical officer), in sub-paragraph (1)(b), after “issued” insert “or created”.
19
In paragraph 85 (notice provisions specific to a contract with a company limited by shares) —
a
in sub-paragraph (1), after paragraph (a) insert —
aa
a new director or secretary is appointed;
; and
b
after sub-paragraph (2), insert —
3
A notice under sub-paragraph (1)(aa) shall confirm that the new director or, as the case may be, secretary meets the conditions imposed on directors and secretaries by virtue of regulation 5.
.
20
In paragraph 106 (variation provisions specific to a contract with two or more individuals practising in partnership) —
a
in sub-paragraph (4), omit the words from “sub-paragraphs (1), (2) and (3)” to the end and substitute “the remaining individual shall notify the Primary Care Trust in writing as soon as is reasonably practicable of the death of his partner and sub-paragraph (4A) or (4B) shall apply.”;
b
after sub-paragraph (4), insert —
4A
If the remaining individual is a general medical practitioner, the contract shall continue with that individual.
4B
If sub-paragraph (4A) does not apply, the Primary Care Trust may, if it thinks fit, serve notice in writing on the remaining individual confirming that the Primary Care Trust will allow the contract to continue with that individual, for a period specified by the Primary Care Trust of up to six months (the “interim period”) provided that he consents to the Primary Care Trust employing or supplying a general medical practitioner to him for the interim period to assist in the provision of clinical services under the contract.
4C
Before deciding whether to serve a notice pursuant to paragraph (4B), the Primary Care Trust shall, whenever it is reasonably practicable to do so, consult the Local Medical Committee (if any) for its area.
4D
If, during the interim period, the contractor withdraws his consent to the Primary Care Trust employing or supplying a general medical practitioner, the Primary Care Trust shall serve notice in writing on the contractor terminating the contract forthwith.
4E
If, at the end of the interim period, the contractor has not entered into partnership with a general medical practitioner who is not a limited partner, the Primary Care Trust shall serve notice on the contractor terminating the contract forthwith.
;
c
in sub-paragraphs (5) and (6), for “(4)(b)” substitute “(4)”; and
d
after sub-paragraph (7), add —
8
In this paragraph, “general medical practitioner” has the same meaning as in regulation 4(1).
.
21
After paragraph 107 (termination by agreement), insert —
Termination on the death of an individual medical practitioner
107A
1
Where the contract is with an individual medical practitioner and that practitioner dies, the contract shall terminate at the end of the period of seven days after the date of his death unless, before the end of that period —
a
the Primary Care Trust has agreed in writing with the contractor’s personal representatives that the contract should continue for a further period, not exceeding 28 days after the end of the period of seven days; and
b
the contractor’s personal representatives have consented in writing to the Primary Care Trust employing or supplying one or more general medical practitioners to assist in the provision of clinical services under the contract throughout the period for which it continues.
2
In sub-paragraph (1), “general medical practitioner” has the same meaning as in regulation 4(1).
3
Sub-paragraph (1) does not affect any other rights to terminate the contract which the Primary Care Trust may have under paragraphs 112 to 115.
.
22
In paragraph 111 (termination by the Primary Care Trust for breach of conditions in regulation 4) —
a
in sub-paragraph (1), insert at the beginning “Subject to sub-paragraph (1A),”;
b
after sub-paragraph (1) insert —
1A
Where the failure of an individual medical practitioner to continue to satisfy the condition specified in regulation 4(1) is the result of a suspension specified in sub-paragraph (3B), sub-paragraph (1) shall not apply unless —
a
the contractor is unable to satisfy the Primary Care Trust that it has in place adequate arrangements for the provision of clinical services under the contract for so long as the suspension continues; or
b
the Primary Care Trust is satisfied that the circumstances of the suspension are such that if the contract is not terminated forthwith —
i
the safety of the contractor’s patients is at serious risk, or
ii
the Primary Care Trust is at risk of material financial loss.
;
c
in sub-paragraph (2), insert at the beginning “Except in a case to which paragraph 106(4) applies,”;
d
in sub-paragraph (3), for “of up to six months” substitute “in accordance with paragraph (3A)”;
e
after sub-paragraph (3) insert —
3A
The period specified by the Primary Care Trust under sub-paragraph (3)(b) shall not exceed —
a
six months; or
b
in a case where the failure of the contractor to continue to satisfy the condition in regulation 4(2)(a) or, as the case may be, 4(3)(a), is the result of a suspension referred to in sub-paragraph (3B), the period for which that suspension continues.
3B
The suspensions referred to in sub-paragraphs (1A) and (3A)(b) are suspension —
a
by a Fitness to Practise Panel under —
i
section 35D (functions of a fitness to practise panel) of the Medical Act 1983 in a health case, other than an indefinite suspension under section 35D(6) of that Act, or
ii
section 38(1) (power to order immediate suspension etc after a finding of impairment of fitness to practise) of that Act; or
b
by a Fitness to Practise Panel or an Interim Orders Panel under section 41A (interim orders) of that Act.
3C
In paragraph (3B), “health case” has the meaning given in section 35E(4) of the Medical Act 1983.
; and
f
after sub-paragraph (6), add —
7
In sub-paragraphs (3) and (5), “general medical practitioner” has the same meaning as in regulation 4(1).
.
23
In paragraph 112 (termination by the Primary Care Trust for the provision of untrue etc. information) for the words “by the contractor before the contract” to the end substitute —
by the contractor —
a
before the contract was entered into; or
b
pursuant to paragraph 85(2) or (3) or 86(2),
in relation to the conditions set out in regulations 4 and 5 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.
.
24
In paragraph 113 (other grounds for termination by the Primary Care Trust), in sub-paragraph (1) after “the existence of the contract” insert “or, if later, on or after the date on which a notice in respect of his compliance with the conditions in regulation 5 was given under paragraph 85(2) or (3) or 86(2)”.
25
In paragraph 119 (termination and the NHS dispute resolution procedure), in sub-paragraph (1) for “or 115(4) or (6)” substitute “115(4) or (6) or 116(2)”.
Amendment of Schedule 9 to the GMS Contracts Regulations
5
Schedule 9 (Primary Care Trusts specified for the purposes of repeatable prescribing) of the GMS Contracts Regulations is omitted.
PART 3
AMENDMENT OF THE PMS AGREEMENTS REGULATIONS
Amendment of regulation 2 of the PMS Agreements Regulations
6
1
Regulation 2 (interpretation) of the PMS Agreements Regulations shall be amended as provided in the following paragraphs.
2
After the definition of “adjudicator”, insert —
“advanced electronic signature” means an electronic signature which is —
uniquely linked to the signatory,
capable of identifying the signatory,
created using means that the signatory can maintain under his sole control, and
linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
.
3
In the definition of “bank holiday”, after “proclaimed as a bank holiday” insert “in England and Wales”.
4
In the definition of “batch issue” —
a
before “prescriber”, in each place where it occurs, insert “repeatable”; and
b
for “repeatable prescription”, in each place where it occurs, substitute “non-electronic repeatable prescription”.
5
After the definition of “core hours” insert —
“dispenser” means a chemist, medical practitioner or contractor whom a patient wishes to dispense his electronic prescriptions;
.
6
In the definition of “dispensing services”, for “regulation 20” substitute “regulation 60”.
7
In the definition of “Drug Tariff”, for “regulation 18” substitute “regulation 56”.
8
After the definition of “Drug Tariff”, insert —
“electronic communication” has the same meaning as in section 15 of the Electronic Communications Act 2000 ;
“electronic prescription” means an electronic prescription form or an electronic repeatable prescription;
“electronic prescription form” means a prescription form which falls within paragraph (b) of the definition of “prescription form”;
“electronic repeatable prescription” means a prescription which falls within paragraph (a)(ii) of the definition of “repeatable prescription”;
.
9
After the definition of “essential services”, insert —
“ETP service” means the electronic prescription service which forms part of the NHS Care Record Service;
.
10
Omit the definitions of “ FHSAA (SHA)” and “NCAA”.
11
After the definition of “national disqualification” insert —
“NHS Care Record” means the records relating to an individual patient held by the NHS Care Record Service;
“NHS Care Record Service” means the information technology systems procured by the Department of Health and used by the health service to hold medical records relating to patients;
.
12
After the definition of “the NHS Tribunal” insert —
“nominated dispenser” means a chemist, medical practitioner or contractor whom a patient has nominated in his NHS Care Record to dispense his electronic prescriptions;
“non-electronic prescription form” means a prescription form which falls within paragraph (a) of the definition of “prescription form”;
“non-electronic repeatable prescription” means a prescription which falls within paragraph (a)(i) of the definition of “repeatable prescription”;
.
13
After the definition of “normal hours” insert —
“NPSA” means the National Patient Safety Agency established as a Special Health Authority by the National Patient Safety Agency (Establishment and Constitution) Order 2001 ;
.
14
In the definition of “Pharmaceutical Regulations” for “National Health Service (Pharmaceutical Services) Regulations 1992” substitute “National Health Service (Pharmaceutical Services) Regulations 2005 ”.
15
For the definition of “prescription form”, substitute —
“prescription form” means —
a form provided by the Primary Care Trust and issued by a prescriber, or
where paragraph 38A(1) of Schedule 5 applies, data that are created in an electronic form, signed with a prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,
to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription;.
.
16
After the definition of “repeat dispensing services”, insert —
“repeatable prescriber” means a prescriber who is —
engaged or employed by a contractor which provides repeatable prescribing services under the terms of its agreement which give effect to paragraph 39 of Schedule 5, or
a party to an agreement under which such services are provided;
.
17
For the definition of “repeatable prescription”, substitute —
“repeatable prescription” means a prescription which —
either —
is contained in a form provided by the Primary Care Trust and issued by a repeatable prescriber which is in the format specified in Part 1 of Schedule 1 and which is generated by a computer and signed in ink by a repeatable prescriber; or
where paragraph 38A(1) of Schedule 5 applies, consists of data that are created in an electronic form, signed with a repeatable prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,
is issued or created to enable a person to obtain pharmaceutical services or local pharmaceutical services, and
indicates that the drugs, medicines or appliances ordered on that prescription may be provided more than once and specifies the number of occasions on which they may be provided;
.
18
In the definition of “supplementary prescriber” —
a
in paragraph (b)(ii), omit “or”;
b
in paragraph (b)(iii), for “and”, in the second place where it occurs, substitute “or”; and
c
after paragraph (b)(iii), insert —
iv
the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
aa
chiropodists and podiatrists;
bb
physiotherapists; or
cc
radiographers: diagnostic or therapeutic, and
.
Amendment of Schedule 3 to the PMS Agreements Regulations
7
In Schedule 3 (fees and charges) to the PMS Agreements Regulations, in paragraph (k), for “regulation 20” substitute “regulation 60”.
Amendment of Schedule 5 to the PMS Agreements Regulations
8
1
Schedule 5 (other contractual terms) to the PMS Agreements Regulations shall be amended as provided in the following paragraphs.
2
After paragraph 2 (premises), insert —
Telephone services
2A
1
The contractor shall not be a party to any contract or other arrangement under which the number for telephone services to be used by —
a
patients to contact the practice for any purpose related to the agreement; or
b
any other person to contact the practice in relation to services provided as part of the health service,
starts with the digits 087, 090 or 091 or consists of a personal number, unless the service is provided free to the caller.
2
In this paragraph, “personal number” means a telephone number which starts with the number 070 followed by a further 8 digits.
.
3
After paragraph 9 (standards for out of hours services), insert —
Supply of medicines etc. by contractors providing out of hours services
9A
1
In this paragraph —
“the Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;
“complete course” means the course of treatment appropriate to the patient’s condition, being the same as the amount that would have been prescribed if the patient had been seen during core hours;
“necessary drugs, medicines and appliances” means those drugs, medicines and appliances which the patient requires and for which, in the reasonable opinion of the contractor, and in the light of the patient’s medical condition, it would not be reasonable in all the circumstances for the patient to wait until such time as he could obtain them during core hours;
“out of hours performer” means a prescriber, a person acting in accordance with a Patient Group Direction or any other health care professional employed or engaged by the contractor who can lawfully supply a drug, medicine or appliance, who is performing out of hours services under the agreement;
“Patient Group Direction” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997 ; and
“supply form” means a form provided by a Primary Care Trust and completed by or on behalf of the contractor for the purpose of recording the provision of drugs, medicines or appliances to a patient during the out of hours period.
2
Where a contractor whose agreement includes the provision of out of hours services has agreed with the relevant body that its agreement should also include the supply of necessary drugs, medicines and appliances to patients at the time that it is providing them with out of hours services, the contractor shall comply with the requirements in sub-paragraphs (3) to (5).
3
The contractor shall ensure that an out of hours performer —
a
only supplies necessary drugs, medicines and appliances;
b
supplies the complete course of the necessary medicine or drug required to treat the patient; and
c
does not supply —
i
drugs, medicines or appliances which he could not lawfully supply,
ii
appliances which are not listed in Part IX of the Drug Tariff,
iii
restricted availability appliances, except where the patient is a person, or it is for a purpose, specified in the Drug Tariff, or
iv
a drug, medicine or other substance listed in Schedule 1 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 2004 , or a drug, medicine or other substance listed in Schedule 2 to those Regulations other than in the circumstances specified in that Schedule.
4
The out of hours performer shall record on a separate supply form for each patient any drugs, medicines or appliances supplied to the patient provided that a single supply form may be completed where the out of hours performer supplies necessary drugs, medicines or appliances to two or more persons in a school or other institution in which at least 20 persons normally reside, when the out of hours performer may write on the supply form the name of the school or institution rather than the name of the individual patient.
5
The out of hours performer shall —
a
ask any person who makes a declaration that the patient does not have to pay the charges specified in regulation 4(1) of the Charges Regulations by virtue of either —
i
entitlement to exemption under regulation 7(1) of the Charges Regulations , or
ii
entitlement to remission of charges under regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ,
to produce satisfactory evidence of such entitlement, unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (a), (c), (d), (e), (f) or (g) of regulation 7(1) of the Charges Regulations, and at the time of the declaration the out of hours performer already has such evidence available to him; and
b
if no satisfactory evidence is produced to him (and, where it is relevant, none is already available to him as mentioned in paragraph (a)), endorse the supply form to that effect.
6
Subject to sub-paragraph (7), nothing in this paragraph shall prevent an out of hours performer supplying a Scheduled drug or a restricted availability appliance in the course of treating a patient under a private arrangement.
7
The provisions of regulation 15 (fees and charges) apply in respect of the supply of necessary drugs, medicines and appliances under this paragraph as they apply in respect of prescriptions for drugs, medicines and appliances.
.
4
In paragraph 37 (prescribing) —
a
after “issued” insert “or created”; and
b
after “paragraphs 38” insert “, 38A”.
5
In paragraph 38 —
a
in sub-paragraph (1), for the words from “by issuing to that patient” to the end substitute —
by —
a
issuing to that patient a non-electronic prescription form or non-electronic repeatable prescription completed in accordance with sub-paragraph (3); or
b
where paragraph 38A(1) applies, creating and transmitting an electronic prescription,
and such a non-electronic prescription form, non-electronic repeatable prescription or electronic prescription shall not be used in any other circumstances.
;
b
in sub-paragraph (3) —
i
for “such” substitute “non-electronic”,
ii
before “repeatable prescription”, in the first place that it occurs, insert “non-electronic”, and
iii
omit from the words “and — ” to the end;
c
after sub-paragraph (3), insert —
3A
A prescription form or repeatable prescription shall not refer to any previous prescription form or repeatable prescription.
3B
A separate prescription form or repeatable prescription shall be used for each patient, except where a bulk prescription is issued for a school or institution under paragraph 43.
.
d
in sub-paragraph (4) —
i
after “buprenorphine” insert “or diazepam”, and
ii
in paragraph (a), before “prescription form” insert “non-electronic”;
e
in sub-paragraph (5), before “prescription form” insert “non-electronic”; and
f
in sub-paragraphs (6) and (7) —
i
after “issued” insert “or created”, and
ii
for paragraph (c), substitute —
c
he undertakes to —
i
furnish the chemist within 72 hours with a non-electronic prescription form or non-electronic repeatable prescription completed in accordance with sub-paragraph (3), or
ii
transmit to the ETP service within 72 hours an electronic prescription.
.
6
After paragraph 38 insert —
Electronic prescriptions
38A
1
A prescriber may only order drugs, medicines or appliances by means of an electronic prescription if —
a
the contractor holds an agreement with a Primary Care Trust which is specified in directions issued by the Secretary of State under section 17 of the Act as being a Primary Care Trust which can authorise its contractors to use the ETP service ;
b
the patient to whom the prescription relates has —
i
nominated one or more dispensers in his NHS Care Record,
ii
confirmed that he intends to use that dispenser (or one of them) for the purposes of obtaining the drugs, medicines or appliances ordered on the electronic prescription in question, and
iii
consents to the use of an electronic prescription on the particular occasion; and
c
the prescription is not —
i
for a controlled drug within the meaning of the Misuse of Drugs Act 1971 , other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001 ,
ii
for supply by instalments under paragraph 38(4), or
iii
a bulk prescription issued for a school or institution under paragraph 43.
2
In relation to a patient who is a child or an adult incapable of nominating a dispenser, sub-paragraph (1)(b) shall apply as if the reference to the patient to whom the prescription relates included a reference to —
a
in the case of a child, that patient’s parent or other person referred to in paragraph 14(4)(a); or
b
in the case of an adult, that patient’s relative or primary carer.
3
A prescriber who orders drugs, medicines or appliances by means of an electronic prescription shall —
a
in the case of an electronic repeatable prescription, issue the patient with a form provided by the Primary Care Trust for the purpose of recording details of that electronic repeatable prescription and linked to that electronic repeatable prescription by a number contained on the form; and
b
in the case of an electronic prescription form, issue the patient, if he so requests, with a written record of the prescription which has been created.
Nomination of dispensers for the purpose of electronic prescriptions
38B
1
A contractor which operates the ETP service for its patients shall, if requested to do so by a patient, enter in that patient’s NHS Care Record —
a
where he does not have a nominated dispenser, the dispenser chosen by that patient; and
b
where he does have a nominated dispenser —
i
a replacement dispenser, or
ii
a further dispenser,
chosen by that patient.
2
Sub-paragraph (1)(b)(ii) shall not apply if the number of nominated dispensers would thereby exceed the maximum number permitted by the ETP service.
3
Paragraph 14(4) shall apply in relation to requests under sub-paragraph (1) as it applies to applications for inclusion in a list of patients.
4
A contractor —
a
shall not seek to persuade a patient to nominate a dispenser recommended by the prescriber or the contractor; and
b
shall, if asked by the patient to recommend a chemist whom he might nominate as his dispenser, provide the patient with the list of all the chemists in the area who provide an ETP service as given to the contractor by the Primary Care Trust.
.
7
In paragraph 39 (repeatable prescribing services) —
a
in sub-paragraph (2) —
i
omit paragraphs (a) and (b), and
ii
in paragraph (c), before “repeatable prescriptions” insert “non-electronic”; and
b
in sub-paragraph (7)(b), for “regulation 20” substitute “regulation 60”.
8
In paragraph 40 (repeatable prescriptions) —
a
in sub-paragraph (1), before “repeatable prescription” insert “non-electronic”; and
b
for sub-paragraphs (2) to (4) substitute —
2
Where a prescriber wishes to make any change to the type, quantity, strength or dosage of drugs, medicines or appliances ordered on a person’s repeatable prescription he must —
a
in the case of a non-electronic repeatable prescription —
i
notify the person, and
ii
make reasonable efforts to notify the chemist providing repeat dispensing services to that person,
that the original repeatable prescription should no longer be used to obtain or provide repeat dispensing services and make arrangements for a replacement repeatable prescription to be issued to that person; or
b
in the case of an electronic repeatable prescription —
i
arrange with the ETP service for the cancellation of the original repeatable prescription in the person’s NHS Care Record, and
ii
create a replacement electronic repeatable prescription relating to that person and notify him that he has done so.
3
A prescriber who has created an electronic repeatable prescription for a person must as soon as practicable arrange with the ETP service for its cancellation in that person’s NHS Care Record if, before the expiry of that prescription —
a
he considers that it is no longer appropriate or safe for that person to receive the drugs, medicines or appliances ordered on his electronic repeatable prescription or no longer appropriate or safe for him to continue to receive repeatable prescribing services;
b
he has issued the person with a non-electronic repeatable prescription in place of the electronic repeatable prescription; or
c
it comes to his notice that that person has been removed from the list of patients of the contractor on whose behalf the prescription was issued.
4
Where a prescriber has cancelled a person’s electronic repeatable prescription in accordance with sub-paragraph (3) he must, as soon as is practicable, notify that person.
5
A prescriber who has issued a non-electronic repeatable prescription in respect of a person must, as soon as practicable, make reasonable efforts to notify the chemist that that repeatable prescription should no longer be used to provide repeat dispensing services to that person, if, before the expiry of that repeatable prescription —
a
he considers that it is no longer appropriate or safe for that person to receive the drugs, medicines or appliances ordered on his repeatable prescription or no longer appropriate or safe for him to continue to receive repeatable prescribing services;
b
he issues or creates a further repeatable prescription in respect of the person to replace the original repeatable prescription other than in the circumstances referred to in sub-paragraph (2)(a) (for example, because the person wishes to obtain the drugs, medicines or appliances from a different chemist); or
c
it comes to his notice that that person has been removed from the list of patients of the contractor on whose behalf the prescription was issued.
6
Where the circumstances in sub-paragraph (5)(a) to (c) apply, the prescriber must as soon as practicable notify the person on whose behalf the non-electronic repeatable prescription was issued that that repeatable prescription should no longer be used to obtain repeat dispensing services.
.
9
In paragraph 41 (restrictions on prescribing by medical practitioners) —
a
in sub-paragraph (2)(c), for “endorses the form with” substitute “includes on the prescription form”; and
b
in sub-paragraph (3)(b), for “endorses the face of the form with” substitute “includes on the prescription form”.
10
In paragraph 42 (restrictions on prescribing by supplementary prescribers) —
a
in sub-paragraph (1)(a), for “give” substitute “issue or create”;
b
omit sub-paragraphs (2)(b), (4)(c) and (f) and (6);
c
in sub-paragraph (2)(d)(iii), for “giving a prescription, he endorses the face of the form with” substitute “issuing or creating a prescription, he includes on the prescription form”;
d
in sub-paragraph (3), for “give” substitute “issue or create”; and
e
in sub-paragraph (4), in paragraphs (e)(iii) and (h)(iii), for “giving the prescription, he endorses the face of the form with” substitute “issuing or creating the prescription, he includes on the prescription form”.
11
In paragraph 43 (bulk prescribing), in sub-paragraphs (1) and (2), before “prescription form” insert “non-electronic”.
12
In paragraph 46 (provision of dispensing services by contractors other than Primary Care Trusts) —
a
in sub-paragraph (1), for “regulation 20” substitute “regulation 60”;
b
in sub-paragraphs (4)(b) and (9)(a), for “regulation 12(15) or 13(13) of the Pharmaceutical Regulations as they apply pursuant to paragraph 47(5) or (6)” substitute “regulation 20(2) or 38(14)(b) of the Pharmaceutical Regulations as they apply pursuant to paragraph 47(5)”; and
c
in sub-paragraph (9)(b)(ii), for “regulation 9(10)” substitute “regulation 31(9)”.
13
In paragraph 47 (consent to dispense) —
a
in sub-paragraph (2), for “by the Primary Care Trust in accordance with regulations 12 and 13 of the Pharmaceutical Regulations (as modified in accordance with sub-paragraphs (5) and (6)), as though it were an application under regulation 21 of those Regulations” substitute “in accordance with regulations 18, 33, 34 and 36 to 38 of the Pharmaceutical Regulations (as modified in accordance with sub-paragraph (5)), as though it were an application for outline consent under regulation 61 of those Regulations”;
b
in sub-paragraph (4), for “regulation 12(16)” substitute “regulation 39(12)”; and
c
for sub-paragraphs (5) and (6) substitute —
5
Regulations 18, 20(2), 33, 34, 36 and 38 of the Pharmaceutical Regulations shall apply as if —
a
in regulations 18(2), 33(2) and (3) and 36(1), (3) and (9), the references to provisions being “subject to regulations 25 and 26” were omitted;
b
in regulations 18(2)(b) and (c), 33(2)(j) and 34(1)(a), for the references to “regulation 61” there were substituted references to this paragraph;
c
in regulations 20(2) and 38(2)(c), for the references to “regulation 60” there were substituted references to paragraph 46; and
d
in regulation 38(14)(b), for the reference to “arrangements under regulation 60 for the provision by a doctor of pharmaceutical services” there were substituted a reference to arrangements under paragraph 46 for the provision by a contractor of dispensing services.
.
14
In paragraph 50 (terms relating to the provision of dispensing services) —
a
in sub-paragraph (2)(a), for “on a prescription form completed in accordance with paragraph 38(3);” substitute —
on —
i
a non-electronic prescription form completed in accordance with paragraph 38(3), or
ii
if the contractor is the patient’s nominated dispenser (or one of them), an electronic prescription form;
;
b
for sub-paragraph (4), substitute —
4
Where a patient —
a
presents to a contractor who may provide dispensing services an order on a non-electronic prescription form for drugs, medicines or appliances signed by an independent nurse prescriber, or an order for a restricted availability appliance signed by and endorsed with the reference “SLS” by an independent nurse prescriber; or
b
informs a contractor who may provide dispensing services and who is his nominated dispenser (or one of them) that an independent nurse prescriber has ordered drugs, medicines or appliances for him by means of an electronic prescription form,
the contractor may, provided, in a case to which paragraph (b) applies, it has received the electronic prescription form from the ETP service, provide to the patient such of the drugs, medicines or appliances so ordered as it supplies in the normal course of its practice.
; and
c
for sub-paragraph (8), substitute —
8
A contractor providing dispensing services shall comply with paragraph 5 of Schedule 2 (terms of service of dispensing doctors) to the Pharmaceutical Regulations, as if modified as follows —
a
for “paragraph 3, or in the circumstances set out in paragraph 4” there were substituted “paragraph 50(2) or (4) of Schedule 5 to the PMS Regulations”; and
b
for “the dispensing doctor”, in each place where it occurs, there were substituted “the contractor providing dispensing services”.
.
15
In paragraph 68 (appraisal and assessment), in sub-paragraph (1)(b), for “NCAA” substitute “NPSA”.
16
In paragraph 75 (inquiries about prescriptions and referrals), in sub-paragraph (1)(a), after “issued” insert “or created”.
17
In paragraph 76 (reports to a medical officer), in sub-paragraph (1)(b), after “issued” insert “or created”.
18
In paragraph 78 (notifications to the relevant body), in sub-paragraph (b), omit “103,”.
19
In paragraph 80 (notice provisions specific to an agreement with a qualifying body) —
a
in sub-paragraph (1), after paragraph (a) insert —
aa
a new director or secretary is appointed;
;
b
in sub-paragraph (2)(a), for “(d) and (f)” substitute “(d) or (f)”; and
c
after sub-paragraph (2), insert —
3
A notice under sub-paragraph (1)(aa) shall confirm that the new director or, as the case may be, secretary meets the conditions imposed on directors and secretaries by virtue of regulation 5.
.
20
After paragraph 99 (termination by agreement), insert —
Termination on death
99A
1
Where the agreement is with a single individual and that individual dies, the agreement shall terminate at the end of the period of seven days after the date of his death unless, before the end of that period the Primary Care Trust has agreed in writing with the contractor’s personal representatives that the agreement should continue for a further period, not exceeding 28 days after the end of the period of seven days.
2
Sub-paragraph (1) does not affect any other rights to terminate the agreement which the Primary Care Trust may have under paragraphs 104 to 107.
.
21
In paragraph 104 (termination by the relevant body for the provision of untrue etc information) for the words “by the contractor before the agreement” to the end substitute —
by the contractor —
a
before the agreement was entered into; or
b
pursuant to paragraph 80(2) or (3),
in relation to the conditions set out in regulation 5 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.
.
22
In paragraph 105 (termination by the relevant body on fitness grounds), in sub-paragraph (1) after “the existence of the agreement” insert “or, if later, on or after the date on which a notice in respect of his compliance with the conditions in regulation 5 was given under paragraph 80(2) or (3)”.
23
In paragraph 107 (termination by the relevant body: remedial notices and breach notices), in sub-paragraphs (1) and (5), for “paragraphs 103 to 106” substitute “paragraphs 104 to 106”.
24
In paragraph 114 (insurance) —
a
renumber the existing provision as sub-paragraph (1); and
b
after that provision, insert —
2
In this paragraph, “insurance” has the same meaning as in paragraph 113.
.
Amendment of Schedule 9 to the PMS Agreements Regulations
9
Schedule 9 (Primary Care Trusts specified for the purposes of repeatable prescribing) of the PMS Agreements Regulations is omitted.
PART 4
AMENDMENT OF THE PERFORMERS LISTS REGULATIONS
Amendment of regulation 4 of the Performers Lists Regulations
10
In regulation 4 (application for inclusion in a performers list) of the Performers Lists Regulations, for paragraph (4)(d) and (e) substitute —
d
has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);
e
has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely;
.
Amendment of regulation 6 of the Performers Lists Regulations
11
In regulation 6 (decisions and grounds for refusal) of the Performers Lists Regulations, in paragraph (4)(f), for “to which Part I of the Sexual Offences Act 1997 applies, or if it had been committed in England or Wales, would have applied” substitute “for the purposes of Part 2 of the Sexual Offences Act 2003 , or if it had been committed in England and Wales, would have been such an offence”.
Amendment of regulation 9 of the Performers Lists Regulations
12
In regulation 9 (requirements with which a performer in a performers list must comply) of the Performers Lists Regulations, for paragraph (1)(d) and (e) substitute —
d
has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);
e
has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely;
.
Amendment of regulation 11 of the Performers Lists Regulations
13
In regulation 11 (criteria for a decision on removal) of the Performers Lists Regulations, in paragraph (2)(f), for “to which Part I of the Sexual Offences Act 1997 applies, or if it had been committed in England and Wales, would have applied” substitute “for the purposes of Part 2 of the Sexual Offences Act 2003, or if it had been committed in England and Wales, would have been such an offence”.
PART 5
TRANSITIONAL PROVISIONS
Transitional arrangements in relation to telephone services and general medical services contracts
14
1
Where —
a
pursuant to paragraph 104 of Schedule 6 to the GMS Contracts Regulations, a general medical services contract has been varied to include a term which gives effect to paragraph 1A of Schedule 6 to the GMS Contracts Regulations (as inserted by regulation 4(2) of these Regulations); and
b
as a result of that variation, a contractor is, by virtue of a contract or other arrangement for the provision of telephone services which it entered into before the date on which that variation took effect, in breach of its general medical services contract,
no action shall be taken against the contractor by the Primary Care Trust in respect of that breach, provided that it complies with the conditions specified in paragraph (2).
2
The conditions referred to in paragraph (1) are that the contractor —
a
provides, within the time specified in the request, such details of the contract or other arrangement for telephone services as the Primary Care Trust may request; and
b
varies or terminates that contract or other arrangement when required to do so by the Primary Care Trust in accordance with directions from the Secretary of State under section 17 of the Act.
Transitional arrangements in relation to telephone services and PMS agreements
15
1
Where —
a
pursuant to paragraph 98 of Schedule 5 to the PMS Agreements Regulations, a PMS agreement has been varied to include a term which gives effect to paragraph 2A of Schedule 5 to the PMS Agreements Regulations (as inserted by regulation 8(2) of these Regulations); and
b
as a result of that variation, a contractor is, by virtue of a contract or other arrangement for the provision of telephone services which it entered into before the date on which that variation took effect, in breach of its PMS agreement,
no action shall be taken against the contractor by the relevant body in respect of that breach, provided that it complies with the conditions specified in paragraph (2).
2
The conditions referred to in paragraph (1) are that the contractor —
a
provides, within the time specified in the request, such details of the contract or other arrangement for telephone services as the relevant body may request; and
b
varies or terminates that contract or other arrangement when required to do so by the relevant body in accordance with directions from the Secretary of State under section 17 of the Act.
PART 6
REVOCATIONS
16
The National Health Service (General Medical Services Contracts) (Personal Medical Services Agreements) and (Pharmaceutical Services) (Amendment) Regulations 2005 ( S.I. 2005/28 ) are revoked.
Signed on behalf of the Secretary of State
John Hutton
Minister of State,
Department of Health
22nd March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the NHSU Abolition Order 2005 and shall come into force on 1 st August 2005.
2
This Order applies in relation to England.
3
In this Order —
“the NHSU” means the Special Health Authority known as NHSU established by the NHSU (Establishment and Constitution) Order 2003 ; and
“the Institute” means the NHS Institute for Innovation and Improvement established by the NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 ;
Abolition of NHSU
2
The NHSU is abolished and accordingly the NHSU (Establishment and Constitution) Order 2003 and the NHSU Regulations 2003 are revoked.
Consequential amendment of Orders and Regulations
3
The amendments in the Schedule are made in consequence of the abolition of the NHSU.
Investigation of complaints by the Health Service Commissioner
4
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the NHSU, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding its abolition.
2
The Health Service Commissioner for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.
Enforceability of rights and transfer of liabilities of the NHSU
5
1
Any right which, immediately before 1 st August 2005, was enforceable by or against the NHSU shall, on or after that date, be enforceable by or against the Institute.
2
All liabilities of the NHSU are transferred to the Institute on 1 st August 2005.
Transfer of property from the NHSU
6
All property of the NHSU is transferred to the Institute on 1 st August 2005.
Transfer of officers of the NHSU
7
1
This paragraph applies in relation to an officer of the NHSU who on 31st July 2005 is wholly or mainly engaged in the performance of the functions of the NHSU.
2
Any officer to whom paragraph (1) applies shall, on 1 st August 2005, be transferred to the employment of the Institute.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Institute.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the NHSU, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Institute; and
b
anything done before the date of the transfer by or in relation to the NHSU, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Institute.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the Institute and has informed the NHSU of that objection by 31 st July 2005.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NHSU shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the NHSU.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Winding up of affairs of the NHSU
8
It shall be the duty of the Institute to take such action as may be necessary for the winding up of the affairs of the NHSU, including the preparation of the outstanding accounts of the NHSU and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
30th June 2005


text:
Citation
1
This Order may be cited as The Finance Act 2002, Section 117 (Day Appointed for Cessation of Effect) Order 2005.
Appointed day
2
Section 117 Finance Act 2002 (power to extend the exceptions in subsection (2) to any market prescribed by order under section 118(3) of the Financial Services and Markets Act 2002 ) shall cease to have effect on 11th August 2005.
Gillian Merron
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2005 and shall come into force on 30th September 2005.
Increases in fees
2
1
The International Transport of Goods under Cover of TIR Carnet (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below, for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(i) 77 87 3(ii) 473 534 4
11
(in both cases where it occurs)
12 5(i) 51 58 5(ii) 77 87
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
20th August 2005
We consent to the making of these Regulations
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
31st August 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 and shall come into force on 5th February 2005.
2
These Regulations apply in relation to authorities in England only .
3
These Regulations apply in relation to the financial year beginning on 1st April 2005, and regulation 2(a), (b)(i) and (d) also applies in relation to subsequent financial years.
4
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
2
Section 32 of the 1992 Act has effect as if —
a
subsection (2)(a) were replaced by —
a
the expenditure which the authority estimates that it will incur in the year in performing its functions and will charge to a revenue account, other than a BID Revenue Account, for the year (including any expenditure to be incurred by virtue of section 43(2)(a) of the Local Government Act 2003 or in paying any BID levy for which the authority is liable);
;
b
in subsection (3)(a) the words —
i
“BID levy or financial contribution made under section 43 of the Local Government Act 2003,” were inserted after the words “redistributed non-domestic rates,”;
ii
“or relevant special grant” were omitted;
c
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with paragraph 3.1 of the Police Grant Report (England and Wales) 2005/06 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 2nd February 2005.
; and
d
there were then added after subsection (12) —
13
In this section “BID levy” and “BID Revenue Account” shall have the meaning given in Part 4 of the Local Government Act 2003.
.
Basic amount of council tax (billing authorities) - calculation
3
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
4
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) the words “relevant special grant” were omitted;
b
for subsection (6A) , there were substituted the following subsection —
6A
In this section and section 44 below, “police grant” has the meaning given by section 32(12) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
5
Section 44(1) of the 1992 Act has effect as if the words “relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) - calculation
6
Section 85(5)(a)(i) of the 1999 Act has effect as if the words “relevant special grant” were omitted.
Basic amount of council tax (Greater London Authority) - calculation
7
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) in item P1 paragraph (e) were omitted;
b
in subsection (4) paragraph (d) were omitted.
Additional calculation: special item for part of Greater London
8
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) in item P2 paragraph (f) were omitted;
b
in subsection (6) paragraph (e) were omitted.
Interpretation of Chapter I of Part 3 of the 1999 Act
9
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
10
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) paragraph (c) were omitted;
b
subsection (8) were omitted.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State Office of the Deputy Prime Minister
2nd February 2005


text:
Citation
1
This Order may be cited as the St Peter’s Catholic Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St Peter’s Catholic Primary School, Horton Road, Gloucester, GL1 3PY, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
30th November 2005


text:
1
These Regulations may be cited as the British Nationality (Fees) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
The British Nationality (Fees) Regulations 2003 are amended as follows.
3
For the fees specified for items numbered 1(a) and (b), 2, 3, 4(a) and (b) and 6 in the table in the Schedule to those Regulations (as set out in the left-hand column of the table below), substitute the fees set out in the right-hand column of the table below.
Matter in respect of which fee is payable Amount of fee (£)
1
Application under the 1981 Act , except an application under section 5, for registration as a British citizen, British overseas territories citizen, British Overseas citizen or British subject —
a
by a person of full age
b
by a minor
120
200
2
Application for naturalisation as a British citizen or British overseas territories citizen under section 6(1) or 18(1) of the 1981 Act
200
3
Application for naturalisation as a British citizen or British overseas territories citizen under section 6(2) or 18(2) of the 1981 Act
200
4
Application for registration as a British citizen under section 1 of the 1997 Act —
a
by a person of full age
b
by a minor
120
200
6
Registration of a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status under sections 12, 24, 29 or 34 of the 1981 Act
120
Des Browne
Minister of State
Home Office
10th March 2005
We consent to these Regulations
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Water Act 2003 (Commencement No. 3) (England) Order 2005.
2
In this Order “ the Act ” means the Water Act 2003.
3
Unless the contrary intention appears, any reference in this Order to a section is a reference to a section of the Act.
Provisions coming into force on 18th February 2005
2
The following provisions of the Act shall come into force on 18th February 2005 in so far as they apply to England —
Section 58(5), (6) and (8), in so far as it has effect for the purpose of inserting into the WIA section 89(1)(a) and (b), (2)(b) and (d), (3), (5)(b) and section 90(3) and section 58(1) in so far as it relates thereto, only for the purpose of enabling the Secretary of State to make regulations in relation to England.
Melanie Johnson
Parliamentary Under Secretary of State for Public Health,
Department of Health
17th February 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2005 and shall come into force on 1st June 2005.
2
These Regulations apply in relation to local authorities in England.
Amendment
2
1
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 shall be amended as follows.
2
In Schedule 1 (functions not to be the responsibility of an authority’s executive) there shall be inserted in paragraph I (miscellaneous functions), after item 47 —
a
in column (1) —
47A
Powers relating to complaints about high hedges.
; and
b
in column (2) —
Part 8 of the Anti-Social Behaviour Act 2003.
.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
14th March 2005


text:
Citation and Commencement
1
This Order may be cited as the Parliamentary Elections (Welsh Forms) Order 2005 and shall come into force on 7th April 2005.
Interpretation
2
In this Order —
“the 1983 Act ” means the Representation of the People Act 1983 ; and
“the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 .
Revocation
3
The following are hereby revoked —
a
the Representation of the People (Welsh Forms) Order 1989 ;
b
articles 2 and 6(a) of the Elections (Welsh Forms) Order 1995 ; and
c
articles 2 and 4 of the Elections (Welsh Forms) Order 2001 .
Welsh versions of forms of words
4
1
The following form of words, namely “PLEIDLEISIWCH DROS UN YMGEISYDD YN UNIG” is hereby prescribed as the form of words in Welsh for the words “VOTE FOR ONE CANDIDATE ONLY” which are specified in the form of the front of the ballot paper in the Appendix to Schedule 1 to the Representation of the People Act 1983 for use at parliamentary elections.
2
The forms of words in Welsh prescribed by paragraph (1) above shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at a parliamentary election in Wales.
3
“Annibynnol” is hereby prescribed as the form of words in Welsh for the word “Independent” which is specified for use as the description of a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the 1983 Act.
4
The form of words in Welsh prescribed by paragraph (3) above may be used as well as or in place of the equivalent word in English at a parliamentary election in Wales.
5
“Y Llefarydd yn ailymgeisio” is hereby prescribed as the form of words in Welsh for the words “The Speaker seeking re-election” which are specified for use as the description of a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the 1983 Act.
6
The form of words in Welsh prescribed by paragraph (5) above may be used in place of the equivalent words in English at a parliamentary election in Wales.
Welsh version of prescribed forms or form of words
5
Each of the forms or form of words set out in Schedule 1 to this Order is hereby prescribed as the Welsh version which may be used at a parliamentary election in Wales in place of —
a
in the case of form 1, form F (certificate of employment) in Schedule 3 to the 2001 Regulations,
b
in the case of form 2, sub-paragraphs (i) and (ii) of rule 35(1)(a) in Schedule 1 to the 1983 Act,
c
in the case of form 3, sub-paragraphs (i) and (ii) of rule 35(1)(b) in Schedule 1 to the 1983 Act,
d
in the case of form 4, the first and second questions prescribed by rule 35(2) in Schedule 1 to the 1983 Act,
e
in the case of forms 5 and 6, the form of nomination paper and the form of declaration to be made by the companion of a voter with disabilities , respectively set out in the Appendix of Forms in Schedule 1 to the 1983 Act.
Welsh and English versions of prescribed forms
6
1
Each of the forms in sub-paragraphs (a) to (i) below and set out in Schedule 2 to this Order is hereby prescribed as the version partly in Welsh and partly in English which shall be used at a parliamentary election in Wales in place of —
a
in the case of form 1, the form of the back of the ballot paper prescribed in the Appendix of Forms in Schedule 1 to the 1983 Act,
b
in the case of form 2, the form of directions for the guidance of voters in voting prescribed in the Appendix of Forms in Schedule 1 to the 1983 Act,
c
in the case of form 3, form of directions for guidance of voters in voting prescribed in paragraph 28 of Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ,
d
in the case of form 4, the notice prescribed by rule 29(5) (voting compartment notice) in Schedule 1 to the 1983 Act ,
e
in the case of form 5, Form A (elector’s official poll card) in Schedule 3 to the 2001 Regulations,
f
in the case of form 6, Form B (proxy’s official poll card) in Schedule 3 to the 2001 Regulations,
g
in the case of form 7, Form C (return of expenses required by section 75 of the 1983 Act) in Schedule 3 to the 2001 Regulations,
h
in the case of form 9, Form D (declaration as to expenses required by section 75 of the 1983 Act) in Schedule 3 to the 2001 Regulations,
i
in the case forms 10, 11 and 12, Forms G, H and J (declarations of identity) in Schedule 3 to the 2001 Regulations, and
j
in the case of form 13, Form K (statement as to postal ballot papers) in Schedule 3 to the 2001 Regulations.
2
Form 8, set out in Schedule 2 to this Order, is hereby prescribed as the version partly in Welsh and partly in English which shall be used as the proxy paper to be issued by the registration officer in Wales in place of Form E (proxy paper) in Schedule 3 to the 2001 Regulations.
7
With the exception of forms 2, 3 and 4 in Schedule 1 to this Order, forms substantially to the like effect may be used with such variations as the circumstances may require.
Christopher Leslie
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
3rd April 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Accession (Immigration and Worker Registration) (Amendment) Regulations 2005 and shall come into force on 1st October 2005.
2
Regulation 2 shall not have effect in relation to an application for a registration certificate under regulation 8 of the Accession (Immigration and Worker Registration) Regulations 2004 made before 1st October 2005.
Amendment of the Accession (Immigration and Worker Registration) Regulations 2004
2
In regulation 8(4)(a) of the Accession (Immigration and Worker Registration) Regulations 2004, for “£50” substitute “£70”.
Tony McNulty
Minister of State
Home Office
24th August 2005


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Register of Occupational and Personal Pension Schemes Regulations 2005, and shall come into force on 6th April 2005, subject to paragraph (2) below.
2
Regulation 2 and this regulation in so far as it applies to regulation 2 shall come into force on 1st April 2005.
3
Regulation 2 and this regulation in so far as it applies to regulation 2 extend to Northern Ireland.
4
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“Crown guarantee” in relation to a scheme, means a scheme in respect of which a relevant public authority has –
given a guarantee in relation to any part of the scheme, any benefits payable under the scheme rules or any member of the scheme, or
made any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet any part of its liabilities;
“deferred member” and “pensioner member” have the meanings ascribed to them in section 124(1) of the Pensions Act 1995 ;
“public service pension scheme” has the meaning ascribed to it in section 1 of the Pension Schemes Act 1993 (categories of pension schemes) and section 1 of the Pension Schemes (Northern Ireland) Act 1993 (categories of pension schemes);
“relevant public authority”, in relation to a Crown guarantee, means —
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 ),
a government department (including any body or authority exercising statutory functions on behalf of the Crown), or
the Scottish Ministers; and
“trust scheme” means an occupational or personal pension scheme which is established under a trust.
Registrable schemes
2
1
A scheme which is of a description prescribed for the purposes of section 59(2) of the Act (register of occupational and personal pension schemes – prescribed description of “registrable schemes”) is a scheme —
a
which –
i
has more than one member, and
ii
provides benefits which are not solely payable on the death of a member; and
b
which —
i
prior to 6th April 2006, has received the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 1988 (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter 4 of Part 14 of that Act (personal pension schemes),
ii
is a public service pension scheme, or
iii
on or after 6th April 2006, is or has been registered in accordance with section 153 of the Finance Act 2004 (registration of pension schemes) (or is treated as registered by virtue of Schedule 36).
2
Sub-paragraphs (a)(ii) and (b)(i) and (ii) of paragraph (1) shall cease to have effect on 6th April 2006.
Registrable information
3
1
The information prescribed for the purposes of section 60(2)(h) of the Act (registrable information – other prescribed information) is —
a
the category of the scheme by reference to —
i
whether the scheme is an occupational or a personal pension scheme,
ii
whether the scheme is a public service pension scheme,
iii
whether the scheme or any part of the scheme is protected by a Crown guarantee,
iv
where the scheme is or is to be registered as a stakeholder pension scheme under section 2 of the Welfare Reform and Pensions Act 1999 (registration of stakeholder pension schemes), whether the scheme is a trust scheme or is established in accordance with regulation 2 of the Stakeholder Pension Scheme Regulations 2000 (manner of establishment);
b
in the case of a personal pension scheme, the number of members of the scheme on the later of —
i
the last day of the scheme year which ended most recently, and
ii
the day on which the scheme became a registrable scheme;
c
in the case of an occupational pension scheme, the numbers of active members, deferred members and pensioner members of the scheme on the later of —
i
the last day of the scheme year which ended most recently, and
ii
the day on which the scheme became a registrable scheme;
d
in relation to the benefits provided under the scheme —
i
whether any of those benefits are secured by a contract of insurance or annuity contract issued by an insurance company which provides administration services to the scheme, and
ii
if so —
aa
the name and address of the insurance company providing such a contract, and
bb
the policy number of that contract or the insurance company reference number in relation to that contract;
e
the nature of the business of any relevant employer; and
f
in the case of a trust scheme which is in the process of being wound up, the date on which the winding up commenced.
2
The reference in paragraph (1)(f) above to the date on which the winding up of a trust scheme commenced is to be construed in accordance with Part 1 of the Pensions Act 1995 .
3
Where the scheme is a multi-employer scheme, for the purposes of sub-paragraph (1)(e), section 60(4) of the Act shall be modified so as to have effect as if for the words “the employer” in the definition of “relevant employer” there were substituted the words “an employer”.
4
In paragraph (2) above, “multi-employer scheme” means a trust scheme in relation to which there is more than one employer.
5
For the purposes of section 60(2)(g)(i) and of this regulation, “scheme year” means —
a
a year specified for the purposes of the scheme in any document comprising the scheme or, if no year is specified, a period of 12 months commencing on 1st April or on such other date as the trustees select; or
b
such other period (if any) exceeding six months but not exceeding 18 months as is selected by the trustees–
i
in connection with the commencement or termination of the scheme, or
ii
in connection with a variation of the date on which the year or period referred to in sub-paragraph (a) is to commence.
Pension Tracing Service
4
1
The Secretary of State shall provide an information service to be known as the Pension Tracing Service.
2
An application may be made to the Secretary of State for information from the Pension Tracing Service relating to one or more registrable schemes.
3
The application referred to in paragraph (2) may only be made by–
a
any person who is, or may be, or may become, entitled to benefit under the scheme in question, or
b
any person acting on behalf of such a person
and “applicant” shall be construed accordingly.
4
Following receipt of an application made under paragraph (2) containing sufficient information to enable the Secretary of State to identify–
a
the scheme or schemes in question, or
b
one or more schemes which in the opinion of the Secretary of State may be the scheme or schemes in question,
the Secretary of State shall provide sufficient information relating to that scheme or those schemes to the applicant to enable the applicant to contact the scheme or schemes.
5
The Secretary of State shall have the function of publishing (from time to time and in such manner as is in his opinion appropriate) details of the manner in which an application under paragraph (2) is to be made.
6
Where the Secretary of State has authorised a person to carry on the Pension Tracing Service on his behalf, the provisions of this regulation and regulation 5 shall apply to the authorised person as they apply to the Secretary of State.
Provision of information
5
1
For the purposes of carrying on the Pension Tracing Service, the Secretary of State–
a
shall be provided with such–
i
information recorded in the register,
ii
extracts from the register, or
iii
copies of the register or of extracts from it,
as are in his opinion necessary for the purpose of carrying on that service; and
b
may inspect–
i
the register,
ii
extracts from the register, or
iii
copies of the register or of extracts from it
when in his opinion such inspection is necessary for the purpose of carrying on that service.
2
For the purposes of providing information as specified in regulation 4(4), the Secretary of State may disclose information to the applicant which he has obtained in accordance with paragraph (1), but only so far as is necessary to provide the applicant with sufficient information to contact any relevant scheme.
3
When information is disclosed in accordance with paragraph (2), section 82(2) of the Act (restricted information – prohibition on disclosure) shall apply as if the words “and regulations made under section 61” were inserted after paragraph (b).
Revocation
6
The Regulations specified in column 1 of the Schedule to these Regulations are revoked to the extent specified in column 2 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
9th March 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005.
2
In this Order —
a
paragraphs 4 and 7 of Schedule 1 shall come into force, for the purposes only of making regulations under section 21(1) of the Pension Schemes Act 1993 ;
b
paragraph 9 of Schedule 1 shall come into force, for the purposes only of making regulations under section 28(5) of the Pension Schemes Act 1993; and
c
paragraph 10 of Schedule 1 shall come into force, for the purposes only of making regulations under section 28A(5)(a) of the Pension Schemes Act 1993,
on the day following that on which this Order is made.
3
Subject to paragraph (2), this Order shall come into force on 5th December 2005.
4
This Order extends to England and Wales and Scotland.
Amendment of legislation
2
1
Schedule 1, which contains amendments of provisions of the Pension Schemes Act 1993 which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.
2
Schedule 2, which contains amendments of provisions of the Regulations specified in the headings to each Part of that Schedule which relate to contracted-out occupational and appropriate personal pension schemes, extending those provisions to surviving civil partners, shall have effect.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
25th July 2005