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The Confidentiality and Disclosure of Information: General Medical Services, Personal Medical Services and Alternative Provider Medical Services Directions 2004

The Secretary of State for Health, in exercise of the powers conferred on him by section 17 of the National Health Service Act 1977( ) and of all other powers enabling him in that behalf, hereby gives the following Directions:

Application, commencement and interpretation

1.--(1) These Directions, which may be cited as the Confidentiality and Disclosure of Information: General Medical Services, Personal Medical Services and Alternative Provider Medical Services Directions 2004, are given to Primary Care Trusts and Strategic Health Authorities in England and shall come into force on 2nd September 2004.

(2) In these Directions--

'1977 Act' means the National Health Service Act 1977;

'APMS contract' means arrangements made under section 16CC(2)(b) of the 1977 Act for the provision of primary medical services( );

'default contract' means a contract under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 c);

'GMS Contract' means a contract under section 28Q of the 1977 Act(d);

'GMS Contract Regulations' means the National Health Service (General Medical Services Contracts) Regulations 2004(e );

'PMS Agreement' means an agreement for primary medical services made under section 28C of the 1977 Act(f);

 'PMS Agreement Regulations' means the National Health Service (Personal Medical Services Agreements) Regulations 2004(g); and

'relevant body' means--

(a) in a case where a Primary Care Trust is providing services under a PMS Agreement with a Strategic Health Authority, that Strategic Health Authority; and

(b) in all other cases, a Primary Care Trust. 

Compliance with the Code of Practice: Confidentiality and Disclosure of Information

2. In exercising any function, or in enforcing any right or obligation, pursuant to

(a) a term of a GMS Contract that gives effect to paragraph 77 (provision of information) or 81 (annual review) of Schedule 6 to the GMS Contract Regulations;

(b) a term of a PMS Agreement that gives effect to paragraph 73 (provision of information) or 77 (annual review) of Schedule 5 to the PMS Agreement Regulations;

(c) any equivalent terms to those specified in paragraph (a) in a default contract; or

(d) any equivalent terms to those specified in paragraph (b) in an APMS contract,

a relevant body shall, insofar as it is relevant to its exercise of that function, or the enforcement of that right or obligation, act in accordance with paragraphs 20 to 24, 30, 31, 35 to 37 and 40 of the document entitled 'Confidentiality and Disclosure of Information: General Medical Services (GMS), Personal Medical Services (PMS) and Alternative Provider Medical Services (APMS) Code of Practice' dated 1st September 2004(a).

Signed by authority of the Secretary of State
Dr Philip Leech FRCGP
A Member of the Senior Civil Service

1st September 2004

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