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The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2006

S.S.I. 2006/247 · Made 9 May 2006

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 9th May 2006

Laid before the Scottish Parliament 9th May 2006

Coming into force 31st May 2006

The Scottish Ministers in exercise of the powers conferred by sections 17K, 17N, 28(1), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978f1and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1978 c. 29; sections 17K and 17N were inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1), section 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. 18), Schedule 9, paragraph 19(8); section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, Part I, paragraph 24 and the Health Act 1999 (c. 8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. 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. 1Citation and commencement
  2. 2Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2006 and shall come into force on 31st May 2006.

2Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

In regulation 2(1) (interpretation) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004f1–

(a)

for the definition of “independent nurse prescriber”f2substitute–

  • ““independent nurse prescriber” means a person–

    1. (a)

      who is either engaged or employed by the contractor, or where the contractor is a partnership, is a partner in that partnership; and

    2. (b)

      who is registered in the Nursing and Midwifery Register; and

    3. (c)

      against whose name is recorded in that register an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;”; and

(b)

for the definition of “supplementary prescriber”f3substitute–

  • ““supplementary prescriber” means a person who is either engaged or employed by the contractor, or where the contractor is a partnership, is a partner in that partnership, and whose name is registered in–

    1. (a)

      the Nursing and Midwifery Register;

    2. (b)

      the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954f4;

    3. (c)

      the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976f5;

    4. (d)

      the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001f6relating to–

      1. (i)

        chiropodists and podiatrists;

      2. (ii)

        physiotherapists; or

      3. (iii)

        diagnostic or therapeutic radiographers; or

    5. (e)

      the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989f7,

    and against whose name is recorded in the relevant register an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;”.

Signature

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th May 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (“the principal Regulations”) which regulate contracts for the provision of general medical services under the National Health Service (Scotland) Act 1978.

These Regulations make changes to the principal Regulations as a consequence of new arrangements for the independent prescribing of drugs, medicines and appliances by nurses. Independent nurse prescribers, unless they are community practitioner nurse prescribers, will no longer be limited to prescribing from a particular formulary.

Regulation 2(a) substitutes a new definition of “independent nurse prescriber”.

Regulation 2(b) substitutes a new definition of “supplementary prescriber”.