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The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

S.S.I. 2018/66 · Made 15 February 2018

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

National Health Service

Made 15th February 2018

Laid before the Scottish Parliament 19th February 2018

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by sections 9(6), 17A(6), 17K, 17L, 17N, 17O, 28(1), 105(7) and 106(a) of the National Health Service (Scotland) Act 1978f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1978 c.29. Section 17A was inserted by section 30 of the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”). Section 17A was moved under a new heading entitled “NHS Contracts” by section 31 of the National Health Service (Primary Care) Act 1997 (c.46). Sections 17K, 17N and 17O were inserted by section 4 of the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”). Section 17L was substituted by section 39(1) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3). Section 28(1) was relevantly amended by section 3(4) of the National Health Service (Amendment) Act 1986 (c.66) and by paragraph 1(8) of schedule 4 of the 2004 Act. Section 105(7) was amended by paragraph 5 of schedule 6 and schedule 7 of the Health Services Act 1980 (c.53), paragraph 24 of schedule 9 of the Health and Social Services and Social Security Adjudications Act 1983 (c.41) and paragraph 60 of schedule 4 of the Health Act 1999 (c.8). Section 108(1) contains a definition of “prescribed” and “regulations” relevant to 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. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Application
  4. 3Interpretation
  5. Part 2: CONTRACTORS
  6. 4Conditions: general
  7. 5Conditions relating solely to medical practitioners
  8. 6General conditions relating to all contracts
  9. 7Further conditions relating to all contracts
  10. 8Reasons
  11. 9Appeal
  12. 10Continuing conditions relating to contracts
  13. 11Continuing conditions relating to contracts – sufficient involvement in patient care
  14. Part 3: PRE-CONTRACT DISPUTE RESOLUTION
  15. 12Pre-contract disputes
  16. Part 4: HEALTH SERVICE BODY STATUS
  17. 13Health service body status
  18. Part 5: CONTRACTS: MANDATORY TERMS
  19. 14Parties to the contract
  20. 15NHS contracts
  21. 16Contracts with a partnership
  22. 17Duration
  23. 18Essential services
  24. 18AHealth Board support for contractors
  25. 19Additional services
  26. 20Opt outs of additional services
  27. 20ARequirement to provide vaccination services
  28. 21Services generally
  29. 22Services generally
  30. 23Services generally
  31. 24Additional obligations in relation to practice premises
  32. 25Certificates
  33. 26Finance
  34. 27Finance
  35. 28Fees and charges
  36. 29Arrangements on termination
  37. 30Other contractual terms
  38. 31Implied contract terms
  39. Part 6: FUNCTIONS OF AREA MEDICAL COMMITTEE
  40. 32Functions of area medical committee
  41. Part 7: TRANSITIONAL PROVISIONS
  42. 33Out of hours
  43. 33ATransitional arrangements for vaccination and immunisation services
  44. Part 8: SUPPLEMENTARY
  45. 34Revocations
  46. 35Consequential amendments
  47. Signature
  48. Schedule 1: ADDITIONAL SERVICES
  49. 1Additional services generally
  50. 2Cervical screening
  51. 3Contraceptive services
  52. 4Vaccinations and immunisations Repealed
  53. 5Childhood vaccinations and immunisations Repealed
  54. 6Child health surveillance
  55. 7Maternity medical services
  56. Schedule 2: OPT OUTS OF ADDITIONAL SERVICES
  57. 1Opt outs of additional services: general
  58. 2Temporary opt outs and permanent opt outs following temporary opt outs
  59. 3Permanent opt outs
  60. 4Informing patients of opt-outs
  61. Schedule 2A: VACCINATION SERVICES
  62. 1Requirement to provide vaccination services
  63. 2Conditions which apply to all vaccination services
  64. 3Vaccinations and immunisations
  65. 4Childhood vaccinations and immunisations
  66. 5Supplementary vaccinations and immunisations
  67. Schedule 2B: Community treatment and care services
  68. 1Paragraph 1
  69. Schedule 2C: Pharmacotherapy services
  70. 1Paragraph 1
  71. Schedule 3: MINIMUM STANDARDS FOR PRACTICE PREMISES
  72. 1Paragraph 1
  73. Schedule 4LIST OF PRESCRIBED MEDICAL CERTIFICATES
  74. Schedule 5: FEES AND CHARGES
  75. 1Paragraph 1
  76. Schedule 6: OTHER CONTRACTUAL TERMS
  77. Part 1: PROVISION OF SERVICES
  78. 1Premises
  79. 2Telephone services
  80. 3Attendance at practice premises
  81. 4Attendance outside practice premises
  82. 5Newly registered patients
  83. 6Clinical reports
  84. 7Storage of vaccines
  85. 7AAnaphylaxis training
  86. 8Infection control
  87. 9Duty of co-operation in relation to additional , enhanced services and vaccination services
  88. 10Duty of co-operation in relation to additional , enhanced services and vaccination services
  89. 10ADuty to co-operate with Health Board support for contractors
  90. Part 2: PATIENTS
  91. 11List of patients
  92. 12Application for inclusion in a list of patients
  93. 13Temporary residents
  94. 14Refusal of application for inclusion in the list of patients or for acceptance as a temporary resident
  95. 15Patient preference of practitioner
  96. 16Removal from the list at the request of the patient
  97. 17Removal from the list at the request of the contractor
  98. 18Removal from the list of patients who are violent
  99. 19Removals from the list of patients registered elsewhere
  100. 20Removals from the list of patients who have moved
  101. 21Removals from the list of patients who have moved
  102. 22Removals from the list of patients absent from the United Kingdom etc.
  103. 23Removals from the list of patients accepted elsewhere as temporary residents
  104. 24Removals from the list of pupils etc. of a school
  105. 25Termination of responsibility for patients not registered with the contractor
  106. 26Closure of lists of patients
  107. 27Approval of closure notice by the Health Board
  108. 28Rejection of closure notice by the Health Board
  109. 29Assignment of patients to lists: open lists
  110. 30Assignment of patients to lists: closed lists
  111. 31Factors relevant to assignments
  112. 32Assignments to closed lists: determinations of the assessment panel
  113. 33Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
  114. 34Assignments to closed lists: assignments of patients by a Health Board
  115. 35Assignments of patients to lists at request of contractor
  116. 36Application for variation of a practice area
  117. 37Rejection of a practice area variation request
  118. Part 3: PRESCRIBING AND DISPENSING
  119. 38Prescribing
  120. 39Prescribing
  121. 40Restrictions on prescribing by medical practitioners
  122. 41Restrictions on prescribing by supplementary prescribers
  123. 42Interpretation of paragraphs 38 to 41
  124. 43Excessive prescribing
  125. 44Provision of dispensing services
  126. 45Provision of drugs, medicines and appliances for immediate treatment or personal administration
  127. Part 4: PERSONS WHO PERFORM SERVICES
  128. 46Qualifications of performers
  129. 47Qualifications of performers
  130. 48Qualifications of performers
  131. 49Qualifications of performers
  132. 50Conditions for employment and engagement
  133. 51Conditions for employment and engagement
  134. 52Conditions for employment and engagement
  135. 53Conditions for employment and engagement
  136. 54Training
  137. 55Training
  138. 56Terms and conditions
  139. 57Arrangements for GP Registrars
  140. 58Independent prescribers and supplementary prescribers
  141. 59Signing of documents
  142. 60Level of skill
  143. 61Appraisal and assessment
  144. 62Sub‑contracting of clinical matters
  145. Part 5: DATA PROTECTION, RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  146. 63Interpretation – general
  147. 64AMeaning of controller etc.
  148. 65Roles, responsibilities and obligations – general
  149. 66Contractor’s obligations – records etc.
  150. 67Health Board Obligations – records etc.
  151. 68Records
  152. 69Processing and access of data
  153. 70Data protection officer
  154. 71GP IT Services
  155. 72Patient online appointment services
  156. 73Confidentiality of personal data
  157. 74Practice leaflet
  158. 74APractice websites
  159. 75Inquiries about prescriptions and referrals
  160. 76Provision of information to a medical officer etc.
  161. 77Annual return and review
  162. 78Notifications to the Health Board
  163. 79Notifications to the Health Board
  164. 80Notifications to the Health Board
  165. 81Notice provisions specific to a contract with a company
  166. 82Notice provisions specific to a contract with persons practising in partnership
  167. 83Notice provisions specific to a contract with persons practising in a limited liability partnership
  168. 84Notification of deaths
  169. 85Notifications to patients following variation of the contract
  170. 86Entry and inspection by the Health Board
  171. Part 6: COMPLAINTS
  172. 87Complaints procedure
  173. 88Co-operation with investigations
  174. Part 7: DISPUTE RESOLUTION
  175. 89Local resolution of contract disputes: local dispute resolution process
  176. 90Dispute resolution: non-NHS contracts
  177. 91NHS dispute resolution procedure
  178. 92Determination of dispute
  179. 93Interpretation of Part 7
  180. Part 8: VARIATION AND TERMINATION OF CONTRACTS
  181. 94Variation of a contract: general
  182. 95Variation of a contract: execution
  183. 96Termination by agreement
  184. 97Termination on the death of an individual medical practitioner
  185. 98Termination by the contractor
  186. 99Late payment notices
  187. 100Termination by the Health Board: general
  188. 101Termination by the Health Board for breach of conditions in regulation 10
  189. 102Termination by the Health Board for breach of conditions in relation to provision of information about compliance with regulations 5, 6, 7, 10 and 11
  190. 103Other grounds for termination by the Health Board
  191. 104Other grounds for termination by the Health Board
  192. 105Termination by the Health Board for unlawful sub-contracting
  193. 106Termination by the Health Board: remedial notices and breach notices
  194. 107Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares
  195. 108Contract sanctions
  196. 109Contract sanctions and the dispute resolution procedure
  197. 110Termination and the NHS dispute resolution procedure
  198. 111Consultation with the area medical committee
  199. 112Where the contractor changes from being an individual to a partnership
  200. 113Where the contractor changes from being a partnership to an individual
  201. Part 9: MISCELLANEOUS
  202. 114Clinical governance
  203. 115Medical Indemnity Insurance
  204. 116Public Liability Insurance
  205. 117Gifts
  206. 118Duty of candour
  207. 119Compliance with legislation and guidance
  208. 120Third party rights
  209. Part 10: QUALITY
  210. 121Duty to participate in quality arrangements
  211. 122Quality arrangements
  212. Schedule 7CLOSURE NOTICE
  213. Schedule 8PRACTICE INFORMATION
  214. 1Paragraph 1
  215. 2Paragraph 2
  216. 3Paragraph 3
  217. 4Paragraph 4
  218. 5Paragraph 5
  219. 6Paragraph 6
  220. 7Paragraph 7
  221. 8Paragraph 8
  222. 9Paragraph 9
  223. 10Paragraph 10
  224. 11Paragraph 11
  225. 12Paragraph 12
  226. 13Paragraph 13
  227. 14Paragraph 14
  228. 15Paragraph 15
  229. 16Paragraph 16
  230. 17Paragraph 17
  231. 18Paragraph 18
  232. 19Paragraph 19
  233. 19AParagraph 19A
  234. 20Paragraph 20
  235. 21Paragraph 21
  236. 22Paragraph 22
  237. 23Paragraph 23
  238. 24Paragraph 24
  239. 25Paragraph 25
  240. 26Paragraph 26
  241. 27Paragraph 27
  242. Schedule 9REVOCATIONS
  243. Schedule 10: CONSEQUENTIAL AMENDMENTS
  244. 1The National Health Service (Scotland) (Injury Benefits) Regulations 1998
  245. 2The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
  246. 3The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004
  247. 4The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004
  248. 5The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
  249. 6The National Health Service Superannuation Scheme (Scotland) Regulations 2011
  250. 7The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
  251. 8The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
  252. 9The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014
  253. 10National Health Service Pension Scheme (Scotland) Regulations 2015
  254. Explanatory note