Paragraph 8

(1)

The National Health Service (Scotland) (Injury Benefits) Regulations 1998^f1 shall be amended as provided in this paragraph.

(2)

In regulation 2 (interpretation)^f2–

(a)

in the definition of “assistant practitioner”–

(i)

in paragraph (a) omit “medical practitioner, or” and “medical practitioner or”; and

(ii)

for paragraph (b) substitute–

“(b)

a person–

(i)

on a primary medical services performers list; or

(ii)

who is a GP Registrar and has applied for inclusion on a primary medical services performers list, and

who is employed (other than by a Health Board) to perform primary medical services under a GMS contract, a default contract or a section 17C agreement;”;

(b)

in the definition of “practitioner”–

(i)

in paragraph (a) for “a registered medical practitioner or a registered dentist whose name is included on the medical list or, as the case may be,” substitute “ a registered dentist whose name is included”;

(ii)

in paragraph (c), omit “a registered medical practitioner or”;

(iii)

omit “and” after paragraph (d);

(iv)

in paragraph (e)–

(aa)

for “a registered medical practitioner or a registered dentist who is a medical pilot scheme employee or a dental pilot scheme employee, as the case may be,” substitute “a registered dentist who is a dental pilot scheme employee”;

(bb)

in sub-paragraph (i) omit “the medical list or, as the case may be,”;

(cc)

in the full out words at the end, omit “medical or”; and

(dd)

at the end, insert “and”; and

(v)

at the end, insert–

“(f)

a registered medical practitioner who is included in a primary medical services performers list and who is, or is a member of a partnership which is, providing services under–

(i)

a GMS contract or default contract; or

(ii)

a section 17C agreement;”;

(c)

omit the definitions of “medical list”, “medical pilot scheme employee” and “personal medical services”; and

(d)

insert the following definitions at the appropriate place in alphabetical order:–

““default contract” means a contract under article 13 of the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004^f3;”;

““GP Registrar” has the meaning assigned to it in regulation 2 of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004^f4;”;

“GMS contract” means a general medical services contract under section 17J of the National Health Service (Scotland) Act 1978^f5;?CQ?;
“primary medical services performers list” means a list of primary medical services performers prepared in accordance with regulations made under section 17P of the National Health Service (Scotland) Act 1978^f6;?CQ?;
- “section 17C agreement means an agreement made under section 17C of the National Health Service (Scotland) Act 1978^f7 and includes a transitional agreement as defined in article 1(2) of the General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004^f8;”;

(3)

In regulation 3 (persons to whom the regulations apply)^f9, omit paragraph (1)(f).

(4)

In regulation 4A (recovery of costs)^f10–

(a)

at the end of paragraph 4(c) insert “and”; and

(b)

omit paragraph 4(d).

Annotations

Footnotes

f1: S.I. 1998/1594
f2: Regulation 2 was amended by S.I. 1999/444, S.S.I. 1999/195 and 2001/437.
f3: S.S.I. 2004/142.
f4: S.S.I. 2004/114.
f5: Section 17J was inserted by the 2004 Act, section 4.
f6: Section 17P was inserted by the 2004 Act, section 5.
f7: Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2) and was amended by the 2004 Act, section 2(2).
f8: S.S.I. 2004/163.
f9: Regulation 3 was amended by S.I. 1999/444 and S.S.I. 2001/437.
f10: Regulation 4A was inserted by S.S.I. 1999/195 and amended by S.S.I. 2001/437.