The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

S.S.I. 2004/115 · Made 10 March 2004 · Extends to Scotland

Contents

1. Part 1: General
2. 1Citation and commencement
3. 2Interpretation
4. Part 2: Contractors
5. 3Conditions: general
6. 4Conditions relating solely to medical practitioners
7. 5General conditions relating to all contracts
8. 6Reasons
9. 7Appeal
10. 8Prescribed period under section 17L(6) of the Act
11. Part 3: Pre-contract Dispute Resolution
12. 9Pre-contract disputes
13. Part 4: Health Service Body Status
14. 10Health service body status
15. Part 5: Contracts: Mandatory Terms
16. 11Parties to the contract
17. 12NHS contracts
18. 13Contracts with a partnership
19. 14Duration
20. 15Essential services
21. 16Additional services
22. 17Opt outs of additional and out of hours services
23. 18Services generally
24. 19Services generally
25. 20Services generally
26. 21Certificates
27. 22Finance
28. 23Finance
29. 24Fees and charges
30. 25Arrangements on termination
31. 26Other contractual terms
32. Part 6: Functions of Area Medical Committee
33. 27Functions of area medical committee
34. Part 7: Transitional Provisions
35. 28Commencement
36. 29Additional services
37. 30Out of hours services
38. 31Out of hours services
39. 32Out of hours services
40. Signature
41. Schedule 1: ADDITIONAL SERVICES
42. 1Additional services generally
43. 2Cervical screening
44. 3Contraceptive services
45. 4Vaccinations and immunisations
46. 5Childhood vaccination and immunisation
47. 6Child health surveillance
48. 7Maternity medical services
49. 8Minor surgery
50. Schedule 2: OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES
51. 1Opt outs of additional services: general
52. 2Temporary opt outs and permanent opt outs following temporary opt outs
53. 3Permanent opt outs
54. 4Out of hour opt outs where the opt out notice is served after 30th September 2004
55. 5Out of hours opt out where opt out notice is served before 1st October 2004
56. 6Informing patients of opt-outs
57. Schedule 3LIST OF PRESCRIBED MEDICAL CERTIFICATES
58. Schedule 4: FEES AND CHARGES
59. 1Paragraph 1
60. Schedule 5: OTHER CONTRACTUAL TERMS
61. Part 1: Provision of Services
62. 1Premises
63. 2Attendance at practice premises
64. 3Attendance outside practice premises
65. 4Newly registered patients
66. 5Patients not seen within 3 years
67. 6Patients aged 75 years and over
68. 7Clinical reports
69. 8Storage of vaccines
70. 9Infection control
71. 10Criteria for out of hours services
72. 11Standards for out of hours services
73. 12Duty of co-operation in relation to additional, enhanced and out of hours services
74. 13Duty of co-operation in relation to additional, enhanced and out of hours services
75. Part 2: Patients
76. 14List of patients
77. 15Application for inclusion in a list of patients
78. 16Temporary residents
79. 17Refusal of application for inclusion in the list of patients or for acceptance as a temporary resident
80. 18Patient preference of practitioner
81. 19Removal from the list at the request of the patient
82. 20Removal from the list at the request of the contractor
83. 21Removal from the list of patients who are violent
84. 22Removals from the list of patients registered elsewhere
85. 23Removals from the list of patients who have moved
86. 24Removals from the list of patients who have moved
87. 25Removals from the list of patients absent from the United Kingdom etc.
88. 26Removals from the list of patients accepted elsewhere as temporary residents
89. 27Removals from the list of pupils etc. of a school
90. 28Termination of responsibility for patients not registered with the contractor
91. 29Closure of lists of patients
92. 30Approval of closure notice by the Health Board
93. 31Rejection of closure notice by the Health Board
94. 32Assignment of patients to lists: open lists
95. 33Assignment of patients to lists: closed lists
96. 34Factors relevant to assignments
97. 35Assignments to closed lists: determinations of the assessment panel
98. 36Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
99. 37Assignments to closed lists: assignments of patients by a Health Board
100. Part 3: Prescribing and Dispensing
101. 38Prescribing
102. 39Prescribing
103. 40Restrictions on prescribing by medical practitioners
104. 41Restrictions on prescribing by supplementary prescribers
105. 42Interpretation of paragraphs 38 to 41
106. 43Excessive prescribing
107. 44Provision of dispensing services
108. 45Provision of drugs, medicines and appliances for immediate treatment or personal administration
109. Part 4: Persons who perform services
110. 46Qualifications of performers
111. 47Qualifications of performers
112. 48Qualifications of performers
113. 49Qualifications of performers
114. 50Conditions for employment and engagement
115. 51Conditions for employment and engagement
116. 52Conditions for employment and engagement
117. 53Conditions for employment and engagement
118. 54Training
119. 55Training
120. 56Terms and conditions
121. 57Arrangements for GP Registrars
122. 58Independent nurse prescribers and supplementary prescribers
123. 59Signing of documents
124. 60Level of skill
125. 61Appraisal and assessment
126. 62Sub-contracting of clinical matters
127. 63Sub-contracting of out of hours service
128. 64Withdrawal and variation of approval under paragraph 63
129. 65Withdrawal and variation of approval under paragraph 63
130. Part 5: Records, Information, Notifications and Rights of Entry
131. 66Patient records
132. 67Access to records for the purpose of the Quality Information Preparation Scheme
133. 68Confidentiality of personal data
134. 69Practice leaflet
135. 70Provision of information
136. 71Inquiries about prescriptions and referrals
137. 72Reports to a medical officer
138. 73Annual return and review
139. 74Notifications to the Health Board
140. 75Notifications to the Health Board
141. 76Notifications to the Health Board
142. 77Notice provisions specific to a contract with a company limited by shares
143. 78Notice provisions specific to a contract with persons practising in partnership
144. 79Notification of deaths
145. 80Notifications to patients following variation of the contract
146. 81Entry and inspection by the Health Board
147. Part 6: Complaints
148. 82Complaints procedure
149. 83Making of complaints
150. 84Making of complaints
151. 85Period for making complaints
152. 86Further requirements for complaints procedures
153. 87Co-operation with investigations
154. 88Provision of information about complaints
155. Part 7: Dispute Resolution
156. 89Local resolution of contract disputes
157. 90Dispute resolution: non-NHS contracts
158. 91NHS dispute resolution procedure
159. 92Determination of dispute
160. 93Interpretation of Part 7
161. Part 8: Variation and Termination of Contracts
162. 94Variation of a contract: general
163. 95Termination by agreement
164. 96Termination by the contractor
165. 97Late payment notices
166. 98Termination by the Health Board: general
167. 99Termination by the Health Board for breach of conditions in regulation 4
168. 100Termination by the Health Board for the provision of untrue etc. information
169. 101Other grounds for termination by the Health Board
170. 102Other grounds for termination by the Health Board
171. 103Termination by the Health Board: remedial notices and breach notices
172. 104Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares
173. 105Contract sanctions
174. 106Contract sanctions and the dispute resolution procedure
175. 107Termination and the NHS dispute resolution procedure
176. 108Consultation with the area medical committee
177. 109Where the contractor changes from being an individual to a partnership
178. 110Where the contractor changes from being a partnership to an individual
179. Part 9: MISCELLANEOUS
180. 111Clinical governance
181. 112Insurance
182. 113Insurance
183. 114Gifts
184. 115Compliance with legislation and guidance
185. 116Third party rights
186. Schedule 6: OUT OF HOURS SERVICES
187. 1Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services
188. 2Application for approval of an out of hours arrangement
189. 3Effect of approval of an arrangement with a transferee out of hours service provider
190. 4Review of approval
191. 5Immediate withdrawal of approval other than following review
192. 6Termination of an out of hours arrangement
193. Schedule 7Schedule 7
194. Schedule 8INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS
195. 1Paragraph 1
196. 2Paragraph 2
197. 3Paragraph 3
198. 4Paragraph 4
199. 5Paragraph 5
200. 6Paragraph 6
201. 7Paragraph 7
202. 8Paragraph 8
203. 9Paragraph 9
204. 10Paragraph 10
205. 11Paragraph 11
206. 12Paragraph 12
207. 13Paragraph 13
208. 14Paragraph 14
209. 15Paragraph 15
210. 16Paragraph 16
211. 17Paragraph 17
212. 18Paragraph 18
213. 19Paragraph 19
214. 20Paragraph 20
215. 21Paragraph 21
216. 22Paragraph 22
217. 23Paragraph 23
218. 24Paragraph 24
219. 25Paragraph 25
220. 26Paragraph 26
221. Explanatory note