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The National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1993

S.I. 1993/1369 · Made 26 May 1993

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, SCOTLAND

Made 26th May 1993

Laid before Parliament 10th June 1993

Coming into force 1st July 1993

The Secretary of State, in exercise of powers conferred on him by sections 84A(4), 87B(5), 105(7), and 108(1) of the National Health Service (Scotland) Act 1978(f1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1978 c. 29; sections 87A and 87B were inserted by the National Health Service and Community Care Act 1990 (c. 19), section 34; section 105(7), which was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, contains provisions relevant to the exercise of the powers under which these Regulations are made; section 108(1) contains a definition of “regulations”.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of regulation 5 of the principal Regulations
  3. 3Amendment of regulation 6 of the principal Regulations
  4. 4Amendment of regulation 17 of the principal Regulations
  5. 5Amendment of regulation 20 of the principal Regulations
  6. 6Amendment of Schedule 3 to the principal Regulations
  7. Signature
  8. Schedule Schedule
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1993 and shall come into force on 1st July 1993.

(2)

In these Regulations, “the principal Regulations” means the National Health Service (Fund-Holding Practices) (Scotland) Regulations 1993(f1).

2Amendment of regulation 5 of the principal Regulations

In paragraph (8) of regulation 5 (appeals to the Secretary of State against refusal of recognition) of the principal Regulations after the words “a member of the practice” the words “or some other person” shall be inserted.

3Amendment of regulation 6 of the principal Regulations

In regulation 6 (conditions for continuing recognition) of the principal Regulations at the beginning there shall be inserted the words “Subject to the provisions of Part IV of these Regulations”.

4Amendment of regulation 17 of the principal Regulations

For paragraph (1) of regulation 17 (payment for goods and services) of the principal Regulations the following paragraph shall be substituted:–

“(1)

Subject to paragraphs (3) to (9) the members of a fund-holding practice shall apply the allotted sum to secure the purchase of such of the goods and services, other than general medical services, referred to in paragraph (2) as are necessary for the proper treatment of individuals on the lists of patients of the members of the practice and are appropriate in all the circumstances having regard, in particular, to the needs of all those individuals.”.

5Amendment of regulation 20 of the principal Regulations

In regulation 20 (savings from the allotted sum) of the principal Regulations–

(a)

a new paragraph (1) shall be inserted as follows:–

“(1)

The members of the fund-holding practice may discharge their obligations under regulations 16 and 17 and exercise their powers under regulations 18 and 19 in such a way as to take into account any benefit to individuals on the lists of patients of the members of the practice, which in their opinion, would be derived from making savings to be applied in accordance with the following provisions of this regulation and regulations 16, 17, 18 and 19 shall be construed accordingly.”; and

(b)

the existing first paragraph shall be numbered paragraph (2).

6Amendment of Schedule 3 to the principal Regulations

For Schedule 3 (services in respect of which a member of a fund-holding practice may receive payment pursuant to an arrangement under regulation 18) to the principal Regulations there shall be substituted the new Schedule 3 set out in the Schedule to these Regulations.

Signature

Fraser of Carmyllie

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

26th May 1993

“SCHEDULE 3

SERVICES IN RESPECT OF WHICH A MEMBER OF A FUND-HOLDING PRACTICE MAY RECEIVE PAYMENT PURSUANT TO AN ARRANGEMENT UNDER REGULATION 18

Regulation 18

  • Pathology

    • Blood counts

    • Liver function and electrolytes

  • Ophthalmology

    • Chalazion operation

    • Operations for obstruction of the nasolacrimal duct

  • Ear Nose and Throat

    • Puncture of maxillary antrum with washout

    • Pharyngoscopy

    • Laryngoscopy

  • General surgery

    • Endoscopy (upper gastrointestinal tract)

    • Sigmoidoscopy

    • Ligation of varicose veins (below knee)

  • Genito-Urinary surgery

    • Diagnostic flexible cystoscopy

    • Vasectomy

  • Gynaecology

    • Colposcopy

    • Marsupialisation of Bartholin’s cyst

  • Orthopaedics

    • Excision of ganglion

    • Carpal tunnel release

  • Other

    • Diagnostic ultrasound (not obstetric)”

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to the National Health Service (Fund-Holding -Practices) (Scotland) Regulations 1993 (“the principal Regulations”).

Regulation 5 of the principal Regulations is amended to permit a person other than a member of the practice to represent the practice in an appeal to the Secretary of State against a refusal of recognition as a fund-holding practice by a Health Board. Drafting amendments are made to regulations 6 and 17 of the principal Regulations.

A new paragraph is inserted in regulation 20 of the principal Regulations to make clear that in exercising their purchasing decisions the members of a fund-holding practice may take into account the possible benefit to all their patients of making savings.

A new Schedule 3 to the principal Regulations is substituted detailing the services in respect of which a member of a fund-holding practice may receive payment pursuant to an arrangement under regulation 18 of the principal Regulations.