The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018
S.S.I. 2018/67 · Made 15 February 2018
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), 17CA, 17D(3), 17E, 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) (“the 1997 Act”). Section 17CA was inserted by section 38 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3). Section 17D was inserted by section 21(2) of the 1997 Act and section 17D(3) was amended by section 2(3) of the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”). Section 17E was inserted by section 22(2) of the 1997 Act and amended by paragraph 47 of schedule 4, and paragraph 1 of schedule 5 of the Health Act 1999 (c.8) (“the 1999 Act”), and section 2(4) of the 2004 Act. Section 28 was relevantly amended by section 3(4) of the National Health Service (Amendment) Act 1986 (c.66), paragraph 19(8) of schedule 9 of the 1990 Act, and paragraph 1(8) of schedule 1 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), and 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 1999 Act. 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
- Part 1: GENERAL
- 1Citation and commencement
- 2Application
- 3Interpretation
- Part 2: PROVIDERS
- 4General conditions relating to providers
- 5Further conditions relating to all agreements
- 6Reasons
- 7Appeal
- 8Prescribed period under section 17D(3) of the Act
- 9Pre-agreement dispute resolution
- Part 3: HEALTH SERVICE BODY STATUS
- 10Health service body status
- Part 4: PROVISION OF PRIMARY MEDICAL SERVICES
- 11Provision of primary medical services
- 12Primary medical services and content of agreements
- 13Essential services and content of agreements
- 14Additional services and content of agreements
- 14ARequirement to provide vaccination services
- Part 5: CONTENT OF AGREEMENTS
- 15Parties to the agreement
- 16NHS contracts
- 17Agreements with one or more partnerships
- 18Arrangements on termination
- 19Services generally
- 20Certificates
- 21Additional obligations in relation to practice premises
- 22Finance
- 23Finance
- 24Fees and charges
- 25Implied agreement terms
- Part 6: FUNCTIONS OF AREA MEDICAL COMMITTEE
- 26Functions of area medical committee
- Part 7: RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT
- 27Right to a general medical services contract
- Part 8: TRANSITIONAL PROVISIONS
- 28Out of Hours
- 28ATransitional arrangements for vaccination and immunisation services
- 29Revocations
- 30Consequential amendments
- Signature
- Schedule 1: CONTENT OF AGREEMENTS
- Part 1: PROVISION OF SERVICES
- 1Premises
- 2Telephone services
- 3Attendance outside practice premises
- 4Clinical reports
- 5Storage of vaccines
- 5AAnaphylaxis training
- 6Infection control
- 6AHealth Board support for providers: community treatment and care services
- 6BHealth Board support for providers: pharmacotherapy services
- 7Duty of co-operation in relation to primary medical services
- 8Duty of co-operation in relation to primary medical services
- 8ADuty of co-operation with Health Board support for providers
- Part 2: PATIENTS
- 9Patient preference of practitioner
- 10Termination of responsibility for patients not registered with the provider
- Part 3: PRESCRIBING AND DISPENSING
- 11Prescribing
- 12Prescribing
- 13Restrictions on prescribing by medical practitioners
- 14Restrictions on prescribing by supplementary prescribers
- 15Excessive prescribing
- 16Provision of dispensing services
- 17Provision of drugs, medicines and appliances for immediate treatment or personal administration
- Part 4: PERSONS WHO PERFORM SERVICES
- 18Qualifications of performers
- 19Qualifications of performers
- 20Qualifications of performers
- 21Qualifications of performers
- 22Conditions for employment and engagement
- 23Conditions for employment and engagement
- 24Conditions for employment and engagement
- 25Conditions for employment and engagement
- 26Training
- 27Training
- 28Arrangements for GP registrars
- 29Independent prescribers and supplementary prescribers
- 30Signing of documents
- 31Level of skill
- 32Appraisal and assessment
- 33Sub-contracting of clinical matters
- Part 5: DATA PROTECTION, RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
- 34Interpretation
- 35Provider and Health Board Obligations
- 36Records
- 37Processing and access of data
- 38Confidentiality of personal data
- 39GP IT Services
- 40Patient online appointment services
- 41Practice leaflet
- 41APractice website
- 42Inquiries about prescriptions and referrals
- 43Provision of information to a medical officer etc.
- 44Annual return and review
- 45Notifications to the Health Board
- 46Notifications to the Health Board
- 47Notice provisions specific to agreements with one or more companies limited by shares
- 48Notice provisions specific to an agreement with one or more companies
- 49Notice provisions specific to an agreement with one or more partnerships
- 50Notice provisions specific to an agreement with persons practising with one or more limited liability partnership
- 51Notification of deaths
- 52Notifications to patients following variation of the agreement
- 53Entry and inspection by the Health Board
- Part 6: COMPLAINTS
- 54Complaints procedure
- 55Co-operation with investigations
- Part 7: DISPUTE RESOLUTION
- 56Local resolution of contract disputes – Local Dispute Resolution Process
- 57Dispute resolution: non-NHS contracts
- 58NHS dispute resolution procedure
- 59Determination of dispute
- 60Interpretation of Part 7
- Part 8: VARIATION AND TERMINATION OF AGREEMENTS
- 61Variation of an agreement: general
- 62Variation of an agreement: execution
- 63Termination by agreement
- 64Termination by the provider
- 65Withdrawal by parties to an agreement other than Health Boards
- 66Late payment notices
- 67Termination by the Health Board: general
- 68Other grounds for termination by the Health Board
- 69Other grounds for termination by the Health Board for agreements entered into on or after 22nd December 2010
- 70Other grounds for termination by the Health Board
- 71Termination by the Health Board for unlawful sub contracting
- 72Termination by the Health Board: remedial notices and breach notices
- 73Termination by the Health Board: additional provisions specific to agreements with one or more bodies corporate
- 74Termination by the Health Board: changes in the provider
- 75Agreement sanctions
- 76Agreement sanctions and the dispute resolution procedure
- 77Termination and the NHS dispute resolution procedure
- 78Consultation with the area medical committee
- Part 9: MISCELLANEOUS
- 79Clinical governance
- 80Medical Indemnity Insurance
- 81Public Liability Insurance
- 82Gifts
- 83Compliance with legislation and guidance
- 84Third party rights
- 85Duty of candour
- Part 10: QUALITY
- 86Duty to participate in quality arrangements
- 87Quality arrangements
- Schedule 2: AGREEMENTS TO PROVIDE ESSENTIAL SERVICES
- Part 1: PROVISION OF ESSENTIAL SERVICES
- 1Essential services
- 2Essential services
- 3Attendance at practice premises
- 4Newly registered patients
- 5Fees and charges for essential services
- Part 2: LIST OF PATIENTS
- 6List of patients
- 7Application for inclusion in a list of patients
- 8Temporary residents
- 9Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
- 10Removal from the list at the request of the patient
- 11Removal from the list at the request of the provider
- 12Removal from the list of patients who are violent
- 13Removals from the list of patients registered elsewhere
- 14Removals from list of patients who have moved
- 15Removals from list of patients who have moved
- 16Removals from the list of patients absent from the United Kingdom etc.
- 17Removals from the list of patients accepted elsewhere as temporary residents
- 18Removals from the list of pupils etc. of a school
- 19Closure of lists of patients
- 20Approval of closure notice by the Health Board
- 21Rejection of closure notice by the Health Board
- 22Assignment of patients to lists: open lists
- 23Assignment of patients to lists: closed lists
- 24Factors relevant to assignments
- 25Assignments to closed lists: determination of the assessment panel
- 26Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
- 27Assignments of patients to lists at request of provider
- 28Application for variation of a practice area
- 29Rejection of a practice area variation request
- 30Assignments to closed lists: assignments of patients by a Health Board
- Part 3: NOTICES
- 31Notifications to the Health Board
- Schedule 3: AGREEMENTS TO PROVIDE ADDITIONAL SERVICES
- 1Additional services generally
- 2Cervical screening
- 3Contraceptive services
- 4Vaccinations and immunisations Repealed
- 5Childhood vaccinations and immunisations Repealed
- 6Child health surveillance
- 7Maternity medical services
- Schedule 3A: VACCINATION SERVICES
- 1Requirement to provide vaccination services
- 2Conditions which apply to all vaccination services
- 3Vaccinations and immunisations
- 4Childhood vaccinations and immunisations
- 5Supplementary vaccinations and immunisations
- Schedule 4MINIMUM STANDARDS FOR PRACTICE PREMISES
- Schedule 5CLOSURE NOTICE
- Schedule 6PRACTICE INFORMATION
- Schedule 7REVOCATIONS
- Schedule 8: CONSEQUENTIAL AMENDMENTS
- 1The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013
- 2The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
- 3The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004
- 4The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
- 5The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
- 6The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014
- Explanatory note