{
  "url": "https://openlegislation.uk/general-medical-services-and-section-17c-agreements-transitional-and-other-ancillary-provisions-scotland-order-2004/article-51",
  "json_url": "https://openlegislation.uk/general-medical-services-and-section-17c-agreements-transitional-and-other-ancillary-provisions-scotland-order-2004/article-51.json",
  "legislation": "ssi/2004/163",
  "legislation_title": "The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004",
  "legislation_url": "https://openlegislation.uk/general-medical-services-and-section-17c-agreements-transitional-and-other-ancillary-provisions-scotland-order-2004",
  "path": "article/51",
  "kind": "article",
  "number": "51",
  "heading": "Interpretation of transitional agreements",
  "text": "(1) Until–\n(a) the parties to a transitional agreement vary the transitional agreement in accordance with article 50(1) and the variations have effect; or\n(b) the relevant body varies a transitional agreement in accordance with article 50(3) and the variations have effect,\na transitional agreement shall interpreted in accordance with this article.\n(2) Any reference in a transitional agreement to–\n(a) the Implementation Directions shall be a reference to those Directions as they had effect on 31st March 2004 but subject to the modifications mentioned in article 52;\n(b) the 1995 Regulations shall be a reference to those Regulations as they had effect on 31st March 2004 but subject to the modifications mentioned in article 53;\n(c) the Statement of Fees and Allowances made under regulation 35 of the 1995 Regulations shall be a reference to that Statement as it had effect on 31st March 2004;\n(d) the Choice Regulations shall be a reference to those Regulations as they had effect on 31st March 2004 but subject to the modifications mentioned in article 54 except as specified in paragraph (3);\n(e) the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 shall be a reference to those regulations as they had effect on 31st March 2004;\n(f) in relation to the 1997 Act–\n(i) section 2(2), (b), (c), (d), or (e), shall be a reference to section 17D(1)(b), (c), (d), or (e) of the 1978 Act; and\n(ii) section 8, shall be a reference to Article 57(1) and (2);\n(g) personal medical services shall be a reference to medical services of a kind that could have been provided by a general medical practitioner in accordance with arrangements made under Part 2 of the 1978 Act prior to 1st April 2004;\n(h) pilot schemes or pilot scheme agreements shall be a reference to transitional agreements;\n(i) a medical list or supplementary list shall be a reference to a primary medical services performers list;\n(j) out of hours arrangements shall be a reference to out of hours arrangements within the meaning given to that expression by article 62.\n(3) In relation to the assignment of a patient to a medical practitioner in accordance with regulation 5 of the Choice Regulations, any reference in a transitional agreement to regulation 4(2)(b) of those regulations shall be deemed to be a reference to article 55(1).\n(4) The transitional agreement shall be interpreted as if it had been varied to include a term or terms having the effect specified in paragraph 66 of Schedule 1 to the Section 17C Agreements Regulations, subject to the modifications that the reference in that term to a person falling within the cases specified in paragraph 66(3) during the existence of the agreement shall be read as if it referred to a person so falling on or after 1st April 2004.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1998/646."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 17D was inserted by the 1997 Act, sections 21(2) and 40(3) and is amended by the 2004 Act section 2."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Regulation 5 was amended by S.S.I. 2000/191 and S.S.I. 2001/85"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "ssi/2018/67",
      "affecting_title": "The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2018/67",
      "affecting_title": "The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018"
    },
    {
      "type": "am",
      "affecting": "ssi/2004/223",
      "affecting_title": "The General Medical Services and the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions Orders) (Scotland) Amendment Order 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2004/163/article/51",
    "retrieved_at": "2026-10-28T22:31:52.079575+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}