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The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

S.S.I. 2004/116 · Made 10 March 2004

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

Made 10th March 2004

Laid before the Scottish Parliament 11th March 2004

Coming into force 1st April 2004

The Scottish Ministers, in exercise of the powers conferred by sections 9(6), 17D, 17E, 28(1), 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 1978f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1978 c. 29; section 17D was inserted by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), section 21(2) and amended by the Primary Medical Services (Scotland) Act (asp 1) (“the 2004 Act”), section 2(3); section 17E was inserted by the 1997 Act, section 22(2) and amended by the Health Act 1999 (c. 8), Schedule 4, paragraph 47 and the 2004 Act, section 2(4); section 28 was amended by the National Health Service (Amendment) Act 1986 (c. 66), section 3(4) and the National Health Service and Community Care Act 1990 (c. 19) Schedule 9, paragraph 19(8); section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 24; section 108(1) defines “prescribed” and “regulations”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PROVIDERS
  5. 3General conditions relating to providers
  6. 4Reasons
  7. 5Appeal
  8. 6Prescribed period under section 17D(3) of the Act
  9. Part 3: PRE-AGREEMENT DISPUTE RESOLUTION
  10. 7Pre-agreement dispute resolution
  11. Part 4: HEALTH SERVICE BODY STATUS
  12. 8Health service body status
  13. Part 5: PROVISION OF PRIMARY MEDICAL SERVICES
  14. 9Provision of primary medical services
  15. 10Primary medical services and content of agreements
  16. 11Essential services and content of agreements
  17. 12Additional services and content of agreements
  18. 13Out of hours services and content of agreements
  19. Part 6: CONTENT OF AGREEMENTS
  20. 14Parties to the agreement
  21. 15NHS contracts
  22. 16Agreements with one or more partnerships
  23. 17Arrangements on termination
  24. 18Services generally
  25. 19Certificates
  26. 20Finance
  27. 21Finance
  28. 22Fees and charges
  29. Part 7: FUNCTIONS OF AREA MEDICAL COMMITTEE
  30. 23Functions of area medical committee
  31. Part 8: RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT
  32. 24Right to a general medical services contract
  33. Part 9: TRANSITIONAL PROVISIONS
  34. 25Commencement
  35. 26Out of hours services
  36. 27Revocation
  37. Signature
  38. Schedule 1: CONTENT OF AGREEMENTS
  39. Part 1: PROVISION OF SERVICES
  40. 1Premises
  41. 2Attendance outside practice premises
  42. 3Clinical reports
  43. 4Storage of vaccines
  44. 5Infection control
  45. 6Duty of co-operation in relation to primary medical services
  46. 7Duty of co-operation in relation to primary medical services
  47. Part 2: PATIENTS
  48. 8Patient preference of practitioner
  49. 9Termination of responsibility for patients not registered with the provider
  50. Part 3: PRESCRIBING AND DISPENSING
  51. 10Prescribing
  52. 11Prescribing
  53. 12Restrictions on prescribing by medical practitioners
  54. 13Restrictions on prescribing by supplementary prescribers
  55. 14Excessive prescribing
  56. 15Provision of dispensing services
  57. 16Provision of drugs, medicines and appliances for immediate treatment or personal administration
  58. Part 4: PERSONS WHO PERFORM SERVICES
  59. 17Qualifications of performers
  60. 18Qualifications of performers
  61. 19Qualifications of performers
  62. 20Qualifications of performers
  63. 21Conditions for employment and engagement
  64. 22Conditions for employment and engagement
  65. 23Conditions for employment and engagement
  66. 24Conditions for employment and engagement
  67. 25Training
  68. 26Training
  69. 27Arrangements for GP registrars
  70. 28Independent nurse prescribers and supplementary prescribers
  71. 29Signing of documents
  72. 30Level of skill
  73. 31Appraisal and assessment
  74. 32Sub-contracting of clinical matters
  75. Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  76. 33Patient records
  77. 34Confidentiality of personal data
  78. 35Practice leaflet
  79. 36Provision of information
  80. 37Inquiries about prescriptions and referrals
  81. 38Reports to a medical officer
  82. 39Annual return and review
  83. 40Notifications to the Health Board
  84. 41Notifications to the Health Board
  85. 42Notice provisions specific to agreements with one or more companies limited by shares
  86. 43Notice provisions specific to an agreement with one or more partnerships
  87. 44Notification of deaths
  88. 45Notifications to patients following variation of the agreement
  89. 46Entry and inspection by the Health Board
  90. Part 6: COMPLAINTS
  91. 47Complaints procedure
  92. 48Making a complaint
  93. 49Making a complaint
  94. 50Period for making complaints
  95. 51Further requirements for complaints procedures
  96. 52Co-operation with investigations
  97. 53Provision of information about complaints
  98. Part 7: DISPUTE RESOLUTION
  99. 54Local resolution of contract disputes
  100. 55Dispute resolution: non-NHS contracts
  101. 56NHS dispute resolution procedure
  102. 57Determination of dispute
  103. 58Interpretation of Part 7
  104. Part 8: VARIATION AND TERMINATION OF AGREEMENTS
  105. 59Variation of an agreement: general
  106. 60Termination by agreement
  107. 61Termination by the provider
  108. 62Withdrawal by parties to an agreement other than Health Boards
  109. 63Late payment notices
  110. 64Termination by the Health Board: general
  111. 65Termination by the Health Board for the provision of untrue etc information
  112. 66Other grounds for termination by the Health Board
  113. 67Other grounds for termination by the Health Board
  114. 68Termination by the Health Board: remedial notices and breach notices
  115. 69Termination by the Health Board: additional provisions specific to agreements with one or more companies limited by shares
  116. 70Termination by the Health Board: changes in the provider
  117. 71Agreement sanctions
  118. 72Agreement sanctions and the dispute resolution procedure
  119. 73Termination and the NHS dispute resolution procedure
  120. 74Consultation with the area medical committee
  121. Part 9: MISCELLANEOUS
  122. 75Clinical governance
  123. 76Insurance
  124. 77Insurance
  125. 78Gifts
  126. 79Compliance with legislation and guidance
  127. 80Third party rights
  128. Schedule 2: AGREEMENTS TO PROVIDE ESSENTIAL SERVICES
  129. Part 1: PROVISION OF ESSENTIAL SERVICES
  130. 1Essential services
  131. 2Essential services
  132. 3Attendance at practice premises
  133. 4Newly registered patients
  134. 5Patients not seen within 3 years
  135. 6Patients aged 75 years and over
  136. 7Fees and charges for essential services
  137. Part 2: LIST OF PATIENTS
  138. 8List of patients
  139. 9Application for inclusion in a list of patients
  140. 10Temporary residents
  141. 11Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
  142. 12Removal from the list at the request of the patient
  143. 13Removal from the list at the request of the provider
  144. 14Removal from the list of patients who are violent
  145. 15Removals from the list of patients registered elsewhere
  146. 16Removals from list of patients who have moved
  147. 17Removals from list of patients who have moved
  148. 18Removals from the list of patients absent from the United Kingdom
  149. 19Removals from the list of patients accepted elsewhere as temporary residents
  150. 20Removals from the list of pupils etc. of a school
  151. 21Closure of lists of patients
  152. 22Approval of closure notice by the Health Board
  153. 23Rejection of closure notice by the Health Board
  154. 24Assignment of patients to lists: open lists
  155. 25Assignment of patients to lists: closed lists
  156. 26Factors relevant to assignments
  157. 27Assignments to closed lists: determination of the assessment panel
  158. 28Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
  159. 29Assignments to closed lists: assignments of patients by a Health Board
  160. Part 3: RECORDS AND NOTICES
  161. 30Patients records: supplemental
  162. 31Notifications to the Health Board
  163. Schedule 3: AGREEMENTS TO PROVIDE ADDITIONAL SERVICES
  164. 1Additional services generally
  165. 2Cervical screening
  166. 3Contraceptive services
  167. 4Vaccinations and immunisations
  168. 5Childhood vaccinations and immunisations
  169. 6Child health surveillance
  170. 7Maternity medical services
  171. 8Minor surgery
  172. Schedule 4: AGREEMENTS TO PROVIDE OUT OF HOURS SERVICES
  173. 1Criteria for out of hours services
  174. 2Standards for out of hours services
  175. 3Agreements to provide essential services and out of hours services
  176. 4Sub-contracting out of hours service
  177. 5Withdrawal and variation of approval under paragraph 4
  178. 6Withdrawal and variation of approval under paragraph 4
  179. 7Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services
  180. 8Application for approval of an out of hours arrangement
  181. 9Effect of approval of an arrangement with a transferee out of hours service provider
  182. 10Review of approval
  183. 11Immediate withdrawal of approval other than following review
  184. Schedule 5Schedule 5
  185. Schedule 6INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS
  186. 1Paragraph 1
  187. 2Paragraph 2
  188. 3Paragraph 3
  189. 4Paragraph 4
  190. 5Paragraph 5
  191. 6Paragraph 6
  192. 7Paragraph 7
  193. 8Paragraph 8
  194. 9Paragraph 9
  195. 10Paragraph 10
  196. 11Paragraph 11
  197. 12Paragraph 12
  198. 13Paragraph 13
  199. 14Paragraph 14
  200. 15Paragraph 15
  201. 16Paragraph 16
  202. 17Paragraph 17
  203. 18Paragraph 18
  204. 19Paragraph 19
  205. 20Paragraph 20
  206. 21Paragraph 21
  207. 22Paragraph 22
  208. 23Paragraph 23
  209. 24Paragraph 24
  210. 25Paragraph 25
  211. 26Paragraph 26
  212. Explanatory note