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The National Health Service (General Medical Services) (Scotland) Regulations 1995

S.I. 1995/416 · Made 21 February 1995

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 21st February 1995

Laid before Parliament 10th March 1995

Coming into force 31st March 1995

The Secretary of State, in exercise of the powers conferred on him by sections 2(5), 19, 20(1), 23 (2A) and (4), 24, 28(1), 28A, 34, 105(7), 106(a) and 108(1) of and Schedule 2, paragraph 3 and Schedule 9, paragraph 1(3) to the National Health Service (Scotland) Act 1978f1, and section 8(1)(a) and (5) of the Health and Medicines Act 1988f2, 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; section 2(5) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), Schedule 9, paragraph 19(1); section 19 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 2, by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a) and by the 1990 Act, section 37 and is to be read with the Health and Medicines Act 1988 (c. 49), section 17; section 20(1) was amended by the 1980 Act, Schedule 6, paragraph 3 and S.I. 1981/432; section 23 (2A) was inserted by and subsection (4) amended by the 1990 Act, section 39(2) and (3); section 24 was amended by the 1990 Act, section 39(7); section 28(1) was amended by the National Health Service (Amendment) Act 1986 (c. 66), section 3(4); section 28A was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and was amended by the Health and Medicines Act 1988 (c. 49), section 15; section 105(7) was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the 1983 Act, Schedule 9, paragraph 24; see section 108(1) for the definitions of “prescribed” and “regulations”.

f2

1988 c. 49.

Contents

  1. Part I: general
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Scope and terms of service
  5. Part II: the medical list
  6. 4Medical list
  7. 5Amendment of or withdrawal from the medical list
  8. 6Local Directory of Family Doctors
  9. 7Removal from the medical list of names of doctors not providing services
  10. 8Removal from the medical list on grounds of age
  11. 9Application for inclusion in the medical list
  12. 10Reports by Board to Medical Practices Committee
  13. 11Succession to vacant medical practices
  14. 12Exchange of practices
  15. Part III: scottish medical practices committee
  16. 13Appointment of members and tenure and vacation of office
  17. 14Determination of applications
  18. 15Conditions under which general medical services are to be provided
  19. 16Variation of conditions
  20. 17Appeal to the Secretary of State
  21. 18Certificate that transaction does not involve sale of goodwill
  22. Part IV: general medical services other than child health surveillance services, contraceptive services, maternity medical services and minor surgery services
  23. 19Selection of doctor
  24. 20Assignment of persons to doctors
  25. 21Limitation of number of persons in doctors' lists
  26. 22Change of doctor
  27. 23Change of doctor
  28. 24Temporary provision of general medical services
  29. 25Removal of person from doctor’s list
  30. 26Temporary residents
  31. 27Doctors' lists
  32. Part V: child health surveillance services, contraceptive services, maternity medical services and minor surgery services
  33. 28Child health surveillance list
  34. 29Obtaining child health surveillance services
  35. 30Contraceptive services
  36. 31Obtaining maternity medical services
  37. 32Minor surgery list
  38. 33Obtaining minor surgery services
  39. Part VI: supply of drugs etc., by doctors
  40. 34Arrangements for supply by doctors of drugs and appliances
  41. Part VII: payments to doctors
  42. 35Payments
  43. 36Claims and overpayments
  44. Part VIII: miscellaneous
  45. 37Publication of particulars
  46. 38Guidance to doctors
  47. 39Exercise of choice of doctor in certain cases
  48. Signature
  49. Schedule 1: TERMS OF SERVICE FOR DOCTORS
  50. 1Interpretation
  51. 2Incorporation of provisions of regulations, etc.
  52. 3Exercise of professional judgment
  53. 4Persons for whose treatment the doctor is responsible
  54. 5Persons for whose treatment the doctor is responsible
  55. 6Acceptance of patients
  56. 7Acceptance of patients
  57. 8Acceptance of patients
  58. 9Right of a doctor to have patient removed from his list
  59. 10Evidence of person’s title to obtain treatment
  60. 11Services to patients
  61. 12Practice leaflet
  62. 13Treatment of patients
  63. 14Newly registered patients
  64. 15Patients not seen within 3 years
  65. 16Patients aged 75 years and over
  66. 17Absences, deputies, assistants and partners
  67. 18Absences, deputies, assistants and partners
  68. 19Absences, deputies, assistants and partners
  69. 20Absences, deputies, assistants and partners
  70. 21Absences, deputies, assistants and partners
  71. 22Employees
  72. 23Arrangements at practice premises
  73. 24Doctors' availability to patients
  74. 25Doctors available for only 4 days a week
  75. 26Variation of doctors' availability to patients
  76. 27Availability to patients outside normal hours
  77. 28Practice area
  78. 29Prescribing and dispensing
  79. 30Prescribing and dispensing
  80. 31Prescribing and dispensing
  81. 32Records
  82. 33Records
  83. 34Reports to the medical officer
  84. 35Annual reports
  85. 36Acceptance of fees
  86. Schedule 2
  87. Iinformation and undertakings to be included in an application for inclusion in the medical list
  88. IIinformation to be included in an application for the variation of a condition imposed in connection with inclusion in a medical list
  89. IIIform of application to provide contraceptive services
  90. IVinformation to be supplied by doctor applying for inclusion in a child health surveillance list
  91. Vinformation to be supplied by doctor applying for inclusion in a minor surgery list
  92. Schedule 3: CHILD HEALTH SURVEILLANCE SERVICES
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. Schedule 4MINOR SURGERY PROCEDURES
  97. Schedule 5: INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS
  98. 1Personal and Professional Details of Doctor
  99. 2Personal and Professional Details of Doctor
  100. 3Personal and Professional Details of Doctor
  101. 4Personal and Professional Details of Doctor
  102. 5Practice Information
  103. 6Practice Information
  104. 7Practice Information
  105. 8Practice Information
  106. 9Practice Information
  107. 10Practice Information
  108. 11Practice Information
  109. 12Practice Information
  110. 13Practice Information
  111. 14Practice Information
  112. 15Practice Information
  113. 16Practice Information
  114. 17Practice Information
  115. 18Practice Information
  116. 19Practice Information
  117. 20Practice Information
  118. 21Practice Information
  119. Schedule 6: DOCTORS' HOURS
  120. Part I: information to be included with any application under paragraph 24 of schedule i
  121. 1Paragraph 1
  122. 2Paragraph 2
  123. 3Paragraph 3
  124. 4Paragraph 4
  125. 5Paragraph 5
  126. 6Paragraph 6
  127. 7Paragraph 7
  128. 8Paragraph 8
  129. Part II: additional information to be included in any application by a doctor who is a restricted services principal or a restricted list principal
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. Part III: additional information to be included in any application by a doctor who seeks to be available normally on only 4 days in each week
  133. 1Paragraph 1
  134. 2Paragraph 2
  135. 3Paragraph 3
  136. Part IV: illustrative list of health-related activities
  137. 1Paragraph 1
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. 4Paragraph 4
  141. Schedule 7: INFORMATION TO BE PROVIDED IN ANNUAL REPORTS
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. Schedule 8Schedule 8
  147. Schedule 9LIST OF PRESCRIBED MEDICAL CERTIFICATES
  148. Schedule 10DRUGS AND OTHER SUBSTANCES NOT TO BE SUPPLIED BY GENERAL MEDICAL PRACTITIONERS OR PRESCRIBED FOR SUPPLY UNDER PHARMACEUTICAL SERVICES
  149. Schedule 11DRUGS TO BE SUPPLIED BY GENERAL MEDICAL PRACTITIONERS OR PRESCRIBED FOR SUPPLY UNDER PHARMACEUTICAL SERVICES ONLY IN CERTAIN CIRCUMSTANCES
  150. Explanatory note