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

S.S.I. 2004/41 · made 2 February 2004

These Regulations amend the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”), which make arrangements under which doctors provide general medical services under the National Health Service (Scotland) Act 1978 (c. 29) (“the Act”).

Made under: National Health Service (Scotland) Act 1978 (Section 19, Section 105, Section 108)

PDFs: Printed copy https://openlegislation.uk/national-health-service-general-medical-services-scotland-amendment-regulations-2004/pdf/ssi_20040041_en.pdf

## Introductory text

NATIONAL HEALTH SERVICE
Made 2nd February 2004
Laid before the Scottish Parliament 3rd February 2004
Coming into force 4th March 2004
The Scottish Ministers, in exercise of the powers conferred by sections 19, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978, and of all other powers enabling them in that behalf, hereby make the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the National Health Service (General Medical Services) (Scotland) Amendment Regulations 2004 and shall come into force on 4th March 2004.

## 2 Amendment of the National Health Service (General Medical Services) (Scotland) Regulations 1995

(1) The National Health Service (General Medical Services) (Scotland) Regulations 1995 are amended as follows.
(2) In regulation 4(1) (medical list) after “doctors” insert “, subject to the provisions of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004”.
(3) In regulation 5(6) (amendment of or withdrawal from the medical list)–
(a) for “(disqualification of practitioners) that his continued inclusion in the medical list would be prejudicial to the efficient provision of general medical services” substitute “(the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)”; and
(b) after “representations” in the second place where it occurs insert “, request for review or review”.
(4) In Schedule 1 (terms of service)–
(a) in paragraph 17A (out of hours arrangements) for sub-paragraph (7)(h)(i) substitute–
“(i) he has been notified under regulation 9(1) (notices to be sent to respondent and any other Health Board or primary care NHS trust in case of an inquiry) or 24(4) (procedure in regard to application to the Tribunal for a review) of the National Health Service (Tribunal) (Scotland) Regulations 2004 that the Tribunal intends to hold an inquiry as to representations or an application made in relation to him;”;
(b) in paragraph 18(12)–
(i) after “list” insert “and supplementary list”; and
(ii) for “29” substitute “29B or 30”;
(c) in paragraph 19(2)(a)(i) for “29(3)(c)” substitute “29B(3) or 30(6)”;
(d) in paragraph 20A(a)–
(i) for “29(3)(b)” substitute “29B(2) or 30(2) or (5)”;
(ii) after “list” insert “and supplementary list”; and
(iii) for “29(3)(c)” substitute “29B(3) or 30(6)”.

## Signature

MALCOLM CHISHOLM
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
2nd February 2004

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”), which make arrangements under which doctors provide general medical services under the National Health Service (Scotland) Act 1978 (c. 29) (“the Act”).
These Regulations make amendments to regulations 4 (medical list) and 5 (amendment of or withdrawal from the medical list) of, and paragraphs 17A, 18, 19 and 20A of Schedule 1 (terms of service) to, the 1995 Regulations. These amendments are consequential upon the National Health Service (Tribunal) (Scotland) Regulations 2004 (“the 2004 Regulations”), and amendments made to the Act by the Health Act 1999 (c. 8) (“the 1999 Act”) and the Community Care and Health (Scotland) Act 2002 asp 5 (“the 2002 Act”), relating to the NHS Tribunal and the disqualification of practitioners providing services under Part II of the Act.
In particular these Regulations–
(a) clarify that the medical list prepared by Health Board or primary care NHS trust, shall not include practitioners who, by virtue of the provisions of regulation 26 (which deals with practitioners subject to an inquiry in a fraud case) of the 2004 Regulations, may not be added to the list until the proceedings in that case are finally concluded;
(b) amend references to provisions of the Act to be references to provisions of the Act as amended by the 1999 Act; and
(c) amend references to medical lists to include references to supplementary lists, which medical practitioners may be disqualified from inclusion on, consequent to the 2002 Act.

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Source: https://www.legislation.gov.uk/ssi/2004/41 (the official version)
Page: https://openlegislation.uk/national-health-service-general-medical-services-scotland-amendment-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.