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← The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004

The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 art 20

The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 art 20

art 20 Out of hours services in general medical services contracts to patients of exempt contractors who have entered into a default contract

(1) Where a general medical services contract is with— (a) an individual medical practitioner who is, or was on 31st March 2004, responsible for providing services during all or part of the out of hours period to the patients of a medical practitioner who meets the requirements in paragraph (2); (b) two or more individuals practising in partnership at least one of whom is, or was on 31st March 2004, a medical practitioner responsible for providing such services; or (c) a company in which one or more of the shareholders is, or was on 31st March 2004, a medical practitioner responsible for providing such services, the general medical services contract with that contractor must require it to continue to provide such services to the patients of the exempt contractor until the happening of one of the events in paragraph (3). (2) The requirements referred to in paragraph (1)(a) are that— (a) the medical practitioner was relieved of responsibility for providing services to his or her patients under paragraph 18(2) of Schedule 2 to the 1992 Regulations; and (b) the medical practitioner— (i) has entered or intends to enter into a default contract which does not include out of hours services pursuant to article 19(1)(a), or (ii) is one of two or more individuals practising in partnership who have entered or intends to enter into a default contract which does not include out of hours services pursuant to article 19(1)(b). (3) The events referred to in paragraph (1) are— (a) the exempt contractor’s default contract has come to an end and not been succeeded by a general medical services contract which does not include out of hours services pursuant to regulation 30(1)(b) of the 2004 Regulations; (b) the general medical services contractor has opted out of the provision of out of hours services in accordance with paragraph 4 or 5 of Schedule 3 to the 2004 Regulations; or (c) the Local Health Board (and, if it is different, the Local Health Board with whom the exempt contractor holds its contract) has or have agreed in writing that the general medical services contractor need no longer provide some or all of those services to some or all of those patients. (4) In this article “exempt contractor” means a contractor who is exempt from providing out of hours services pursuant to article 18(1)(a) or (b).

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