The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004
S.S.I. 2004/116 · Made 10 March 2004
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
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation
- Part 2: PROVIDERS
- 3General conditions relating to providers
- 4Reasons
- 5Appeal
- 6Prescribed period under section 17D(3) of the Act
- Part 3: PRE-AGREEMENT DISPUTE RESOLUTION
- 7Pre-agreement dispute resolution
- Part 4: HEALTH SERVICE BODY STATUS
- 8Health service body status
- Part 5: PROVISION OF PRIMARY MEDICAL SERVICES
- 9Provision of primary medical services
- 10Primary medical services and content of agreements
- 11Essential services and content of agreements
- 12Additional services and content of agreements
- 13Out of hours services and content of agreements
- Part 6: CONTENT OF AGREEMENTS
- 14Parties to the agreement
- 15NHS contracts
- 16Agreements with one or more partnerships
- 17Arrangements on termination
- 18Services generally
- 19Certificates
- 20Finance
- 21Finance
- 22Fees and charges
- Part 7: FUNCTIONS OF AREA MEDICAL COMMITTEE
- 23Functions of area medical committee
- Part 8: RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT
- 24Right to a general medical services contract
- Part 9: TRANSITIONAL PROVISIONS
- 25Commencement
- 26Out of hours services
- 27Revocation
- Signature
- Schedule 1: CONTENT OF AGREEMENTS
- Part 1: PROVISION OF SERVICES
- 1Premises
- 2Attendance outside practice premises
- 3Clinical reports
- 4Storage of vaccines
- 5Infection control
- 6Duty of co-operation in relation to primary medical services
- 7Duty of co-operation in relation to primary medical services
- Part 2: PATIENTS
- 8Patient preference of practitioner
- 9Termination of responsibility for patients not registered with the provider
- Part 3: PRESCRIBING AND DISPENSING
- 10Prescribing
- 11Prescribing
- 12Restrictions on prescribing by medical practitioners
- 13Restrictions on prescribing by supplementary prescribers
- 14Excessive prescribing
- 15Provision of dispensing services
- 16Provision of drugs, medicines and appliances for immediate treatment or personal administration
- Part 4: PERSONS WHO PERFORM SERVICES
- 17Qualifications of performers
- 18Qualifications of performers
- 19Qualifications of performers
- 20Qualifications of performers
- 21Conditions for employment and engagement
- 22Conditions for employment and engagement
- 23Conditions for employment and engagement
- 24Conditions for employment and engagement
- 25Training
- 26Training
- 27Arrangements for GP registrars
- 28Independent nurse prescribers and supplementary prescribers
- 29Signing of documents
- 30Level of skill
- 31Appraisal and assessment
- 32Sub-contracting of clinical matters
- Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
- 33Patient records
- 34Confidentiality of personal data
- 35Practice leaflet
- 36Provision of information
- 37Inquiries about prescriptions and referrals
- 38Reports to a medical officer
- 39Annual return and review
- 40Notifications to the Health Board
- 41Notifications to the Health Board
- 42Notice provisions specific to agreements with one or more companies limited by shares
- 43Notice provisions specific to an agreement with one or more partnerships
- 44Notification of deaths
- 45Notifications to patients following variation of the agreement
- 46Entry and inspection by the Health Board
- Part 6: COMPLAINTS
- 47Complaints procedure
- 48Making a complaint
- 49Making a complaint
- 50Period for making complaints
- 51Further requirements for complaints procedures
- 52Co-operation with investigations
- 53Provision of information about complaints
- Part 7: DISPUTE RESOLUTION
- 54Local resolution of contract disputes
- 55Dispute resolution: non-NHS contracts
- 56NHS dispute resolution procedure
- 57Determination of dispute
- 58Interpretation of Part 7
- Part 8: VARIATION AND TERMINATION OF AGREEMENTS
- 59Variation of an agreement: general
- 60Termination by agreement
- 61Termination by the provider
- 62Withdrawal by parties to an agreement other than Health Boards
- 63Late payment notices
- 64Termination by the Health Board: general
- 65Termination by the Health Board for the provision of untrue etc information
- 66Other grounds for termination by the Health Board
- 67Other grounds for termination by the Health Board
- 68Termination by the Health Board: remedial notices and breach notices
- 69Termination by the Health Board: additional provisions specific to agreements with one or more companies limited by shares
- 70Termination by the Health Board: changes in the provider
- 71Agreement sanctions
- 72Agreement sanctions and the dispute resolution procedure
- 73Termination and the NHS dispute resolution procedure
- 74Consultation with the area medical committee
- Part 9: MISCELLANEOUS
- 75Clinical governance
- 76Insurance
- 77Insurance
- 78Gifts
- 79Compliance with legislation and guidance
- 80Third party rights
- Schedule 2: AGREEMENTS TO PROVIDE ESSENTIAL SERVICES
- Part 1: PROVISION OF ESSENTIAL SERVICES
- 1Essential services
- 2Essential services
- 3Attendance at practice premises
- 4Newly registered patients
- 5Patients not seen within 3 years
- 6Patients aged 75 years and over
- 7Fees and charges for essential services
- Part 2: LIST OF PATIENTS
- 8List of patients
- 9Application for inclusion in a list of patients
- 10Temporary residents
- 11Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
- 12Removal from the list at the request of the patient
- 13Removal from the list at the request of the provider
- 14Removal from the list of patients who are violent
- 15Removals from the list of patients registered elsewhere
- 16Removals from list of patients who have moved
- 17Removals from list of patients who have moved
- 18Removals from the list of patients absent from the United Kingdom
- 19Removals from the list of patients accepted elsewhere as temporary residents
- 20Removals from the list of pupils etc. of a school
- 21Closure of lists of patients
- 22Approval of closure notice by the Health Board
- 23Rejection of closure notice by the Health Board
- 24Assignment of patients to lists: open lists
- 25Assignment of patients to lists: closed lists
- 26Factors relevant to assignments
- 27Assignments to closed lists: determination of the assessment panel
- 28Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
- 29Assignments to closed lists: assignments of patients by a Health Board
- Part 3: RECORDS AND NOTICES
- 30Patients records: supplemental
- 31Notifications to the Health Board
- Schedule 3: AGREEMENTS TO PROVIDE ADDITIONAL SERVICES
- 1Additional services generally
- 2Cervical screening
- 3Contraceptive services
- 4Vaccinations and immunisations
- 5Childhood vaccinations and immunisations
- 6Child health surveillance
- 7Maternity medical services
- 8Minor surgery
- Schedule 4: AGREEMENTS TO PROVIDE OUT OF HOURS SERVICES
- 1Criteria for out of hours services
- 2Standards for out of hours services
- 3Agreements to provide essential services and out of hours services
- 4Sub-contracting out of hours service
- 5Withdrawal and variation of approval under paragraph 4
- 6Withdrawal and variation of approval under paragraph 4
- 7Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services
- 8Application for approval of an out of hours arrangement
- 9Effect of approval of an arrangement with a transferee out of hours service provider
- 10Review of approval
- 11Immediate withdrawal of approval other than following review
- Schedule 5Schedule 5
- Schedule 6INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Explanatory note