Explanatory note

These Regulations amend the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (“the principal Regulations”), which provide for lists of medical practitioners who may perform primary medical services for which Health Boards are, under section 2C(1) of the National Health Service (Scotland) Act 1978, under a duty to provide or secure the provision of, to be kept by those Health Boards.

Regulations 2(2) to (7), (9) and (10) make amendments which are consequential on the amendments made by the Smoking, Health and Social Care (Scotland) Act 2005, section 26 (“the 2005 Act”) to sections 29-32D of the National Health Service (Scotland) Act 1978 (“the 1978 Act”) which relate to disqualification from inclusion in a list by the NHS Tribunal. The 2005 Act removes the distinction between local and national disqualification, and adds a third condition for disqualification.

Regulation 2(8) inserts a new regulation 7A into the principal Regulations, which is consequential on the amendments to the 1978 Act made by section 27 of the 2005 Act regarding the effect to be given in Scotland to decisions in England, Wales and Northern Ireland corresponding to the decisions to be made by the NHS Tribunal in Scotland.