The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

S.S.I. 2004/163 · Made 30 March 2004

Contents

1. Part 1: GENERAL
2. 1Citation, commencement and interpretation
3. Part 2: TRANSITIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES
4. 2Application and interpretation of this Part
5. 3Applications for inclusion in lists of patients
6. 4Acceptance of applications for inclusion in lists of patients
7. 5Removal from the list of patients at the request of the patient
8. 6Removal from the list of patients at the request of the relevant medical practitioner
9. 7Removals from the list of patients who are violent
10. 8Removals from the list of patients who have moved
11. 9Removals not reflected in the list of patients on 31st March 2004
12. 10Applications for acceptance as a temporary resident
13. 11Acceptance of temporary residents
14. 12Termination of responsibility for temporary residents
15. 13Provision of immediately necessary treatment
16. 14Newly registered patients
17. 15Appointments system
18. 16Qualifications of performers
19. 17Independent nurse prescribers and supplementary prescribers
20. 18Patient records
21. 19Rights of entry
22. 20Refusal of approval of premises under paragraph 24 of Schedule 1 to the 1995 Regulations
23. 21Investigation of outstanding complaints
24. 22Complaints relating to general medical services made after 31st March 2004
25. 23Reports to a medical officer
26. 24Arrangements with organisations providing deputy doctors
27. 25Practice leaflet
28. 26Medical examination of medical practitioners
29. 27Patients not seen within three years
30. 28Patients aged 75 years and over
31. 29Arrangements for GP Registrars
32. 30Refund of fees paid under paragraph 10(2) of Schedule 1 to the 1995 Regulations
33. 31Annual reports
34. 32Permission for use of facilities in private practice under section 64 of the 1978 Act
35. 33Recovery of overpayments
36. Part 3: TRANSITIONAL PROVISIONS FOR GENERAL MEDICAL SERVICES CONTRACTS WHICH FOLLOW DEFAULT CONTRACTS
37. 34Application and interpretation of this Part
38. 35Carry over of approvals, applications, notices etc.
39. 36Newly registered patients
40. 37Temporary residents
41. 38Provision of immediately necessary treatment
42. 39Removals from the list of patients
43. 40Requirement to provide dispensing services
44. 41Sub-contracting
45. 42Complaints
46. 43Refund of fees
47. 44Annual returns and reviews
48. 45Carry-over of disputes between default and general medical services contracts
49. 46Grounds for termination of the general medical services contract
50. 47Notifications to patients affected by differences between the terms of a default and a general medical services contract
51. Part 4: TRANSITIONAL PROVISIONS RELATING TO PILOT SCHEME AGREEMENTS
52. 48Definitions
53. 49Existing pilot schemes
54. 50Variation of transitional agreements
55. 51Interpretation of transitional agreements
56. 52Modification of the Implementation Directions for the purposes of transitional agreements
57. 53Modification of the 1995 Regulations for the purposes of transitional agreements
58. 54Modification of the Choice Regulations for the purposes of transitional agreements
59. 55Assignment of patients: transitional agreements
60. 56Representations against a requirement to assign: transitional agreements
61. 57Variation and termination of transitional agreements
62. 58Health body status
63. 59Dispute resolution
64. Part 5: TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS
65. 60Assignment of patients
66. 61Representations against assignments
67. Part 6: TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES
68. 62Interpretation of this Part
69. 63Terms of general medical services contracts and default contracts
70. 64Applications for approval of out of hours arrangements under general medical services contracts and default contracts
71. 65Approvals of out of hours arrangements under general medical services contracts and default contracts
72. 66Refusal of approval of out of hours arrangements under general medical services contracts and default contracts
73. 67Review of approval of out of hours arrangements under general medical services contracts and default contracts
74. 68Review of approval of out of hours arrangements under general medical services contracts which follow default contracts
75. 69Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts
76. 70Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts
77. 71References to the NHS dispute resolution procedure in general medical services contracts which follow default contracts
78. 72Carry over of disputes relating to out of hours arrangements between default contracts and general medical services contracts
79. 73Sub-contracting of out of hours services under general medical services contracts
80. 74Out of hours services to patients not registered with general medical services contractors and default contractors
81. 75Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the Transitional Regulations
82. Part 7: TRANSITIONAL ARRANGEMENTS: THE NATIONAL HEALTH SERVICE (SERVICE COMMITTEES AND TRIBUNAL) (SCOTLAND) REGULATIONS 1992
83. 76Interpretation
84. 77Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 3 of the Service Committees Regulations)
85. 78Referrals to investigating discipline committees before the relevant date (regulation 4 of the Service Committees Regulations)
86. 79Determination of a Health Board or the Scottish Ministers made before the relevant date (regulation 7, 8, 9 and 10 of the Service Committees Regulations)
87. 80Determination of a Health Board made on or after the relevant date (regulation 7 of the Service Committees Regulations)
88. 81Appeals to the Scottish Ministers against determinations of Health Boards (regulations 8, 9 and 10 of the Service Committees Regulations)
89. 82Excessive prescribing (regulations 16 and 17 of the Service Committees Regulations)
90. 83Decision as to treatment for which fees may be charged by doctors (regulation 18 of the Service Committees Regulations)
91. 84Determination whether a substance is a drug and recovery of cost (regulation 19 of the Service Committees Regulations)
92. Part 8: TRANSITIONAL PROVISIONS RELATING TO THE LISTING OF MEDICAL PRACTITIONERS
93. 85Interpretation
94. 86Allocation of medical practitioners on previous lists
95. 87Applications not decided on 1st April 2004
96. 88Transitional provision for performers of personal medical services
97. 89Matters relating to the NHS Tribunal and medical and supplementary lists
98. 90Matters relating to the NHS Tribunal and medical and supplementary lists
99. 91Matters relating to the NHS Tribunal and medical and supplementary lists
100. 92Matters relating to the NHS Tribunal and medical and supplementary lists
101. 93Transitional provisions in cases where preferential treatment on transferring to medical lists was given
102. Part 9: MISCELLANEOUS
103. 94Continuing validity of forms
104. 95Transitory interpretation of references in enactments to primary medical services
105. 96Transitory interpretation of references to general medical services contracts
106. Part 10: SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS
107. 97Meaning of suitable experience
108. 98Savings of certain provisions of the Medical Act 1983
109. 99Saving of section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992
110. 100Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994
111. 101Transitory modification of the National Health Service (Vocational Training for General Medical Practice (Scotland) Regulations 1998
112. 102Revocation of the Choice Regulations
113. Signature
114. Explanatory note