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The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

S.S.I. 2018/67 · 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), 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

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Application
  4. 3Interpretation
  5. Part 2: PROVIDERS
  6. 4General conditions relating to providers
  7. 5Further conditions relating to all agreements
  8. 6Reasons
  9. 7Appeal
  10. 8Prescribed period under section 17D(3) of the Act
  11. 9Pre-agreement dispute resolution
  12. Part 3: HEALTH SERVICE BODY STATUS
  13. 10Health service body status
  14. Part 4: PROVISION OF PRIMARY MEDICAL SERVICES
  15. 11Provision of primary medical services
  16. 12Primary medical services and content of agreements
  17. 13Essential services and content of agreements
  18. 14Additional services and content of agreements
  19. 14ARequirement to provide vaccination services
  20. Part 5: CONTENT OF AGREEMENTS
  21. 15Parties to the agreement
  22. 16NHS contracts
  23. 17Agreements with one or more partnerships
  24. 18Arrangements on termination
  25. 19Services generally
  26. 20Certificates
  27. 21Additional obligations in relation to practice premises
  28. 22Finance
  29. 23Finance
  30. 24Fees and charges
  31. 25Implied agreement terms
  32. Part 6: FUNCTIONS OF AREA MEDICAL COMMITTEE
  33. 26Functions of area medical committee
  34. Part 7: RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT
  35. 27Right to a general medical services contract
  36. Part 8: TRANSITIONAL PROVISIONS
  37. 28Out of Hours
  38. 28ATransitional arrangements for vaccination and immunisation services
  39. 29Revocations
  40. 30Consequential amendments
  41. Signature
  42. Schedule 1: CONTENT OF AGREEMENTS
  43. Part 1: PROVISION OF SERVICES
  44. 1Premises
  45. 2Telephone services
  46. 3Attendance outside practice premises
  47. 4Clinical reports
  48. 5Storage of vaccines
  49. 5AAnaphylaxis training
  50. 6Infection control
  51. 6AHealth Board support for providers: community treatment and care services
  52. 6BHealth Board support for providers: pharmacotherapy services
  53. 7Duty of co-operation in relation to primary medical services
  54. 8Duty of co-operation in relation to primary medical services
  55. 8ADuty of co-operation with Health Board support for providers
  56. Part 2: PATIENTS
  57. 9Patient preference of practitioner
  58. 10Termination of responsibility for patients not registered with the provider
  59. Part 3: PRESCRIBING AND DISPENSING
  60. 11Prescribing
  61. 12Prescribing
  62. 13Restrictions on prescribing by medical practitioners
  63. 14Restrictions on prescribing by supplementary prescribers
  64. 15Excessive prescribing
  65. 16Provision of dispensing services
  66. 17Provision of drugs, medicines and appliances for immediate treatment or personal administration
  67. Part 4: PERSONS WHO PERFORM SERVICES
  68. 18Qualifications of performers
  69. 19Qualifications of performers
  70. 20Qualifications of performers
  71. 21Qualifications of performers
  72. 22Conditions for employment and engagement
  73. 23Conditions for employment and engagement
  74. 24Conditions for employment and engagement
  75. 25Conditions for employment and engagement
  76. 26Training
  77. 27Training
  78. 28Arrangements for GP registrars
  79. 29Independent prescribers and supplementary prescribers
  80. 30Signing of documents
  81. 31Level of skill
  82. 32Appraisal and assessment
  83. 33Sub-contracting of clinical matters
  84. Part 5: DATA PROTECTION, RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  85. 34Interpretation
  86. 35Provider and Health Board Obligations
  87. 36Records
  88. 37Processing and access of data
  89. 38Confidentiality of personal data
  90. 39GP IT Services
  91. 40Patient online appointment services
  92. 41Practice leaflet
  93. 41APractice website
  94. 42Inquiries about prescriptions and referrals
  95. 43Provision of information to a medical officer etc.
  96. 44Annual return and review
  97. 45Notifications to the Health Board
  98. 46Notifications to the Health Board
  99. 47Notice provisions specific to agreements with one or more companies limited by shares
  100. 48Notice provisions specific to an agreement with one or more companies
  101. 49Notice provisions specific to an agreement with one or more partnerships
  102. 50Notice provisions specific to an agreement with persons practising with one or more limited liability partnership
  103. 51Notification of deaths
  104. 52Notifications to patients following variation of the agreement
  105. 53Entry and inspection by the Health Board
  106. Part 6: COMPLAINTS
  107. 54Complaints procedure
  108. 55Co-operation with investigations
  109. Part 7: DISPUTE RESOLUTION
  110. 56Local resolution of contract disputes – Local Dispute Resolution Process
  111. 57Dispute resolution: non-NHS contracts
  112. 58NHS dispute resolution procedure
  113. 59Determination of dispute
  114. 60Interpretation of Part 7
  115. Part 8: VARIATION AND TERMINATION OF AGREEMENTS
  116. 61Variation of an agreement: general
  117. 62Variation of an agreement: execution
  118. 63Termination by agreement
  119. 64Termination by the provider
  120. 65Withdrawal by parties to an agreement other than Health Boards
  121. 66Late payment notices
  122. 67Termination by the Health Board: general
  123. 68Other grounds for termination by the Health Board
  124. 69Other grounds for termination by the Health Board for agreements entered into on or after 22nd December 2010
  125. 70Other grounds for termination by the Health Board
  126. 71Termination by the Health Board for unlawful sub contracting
  127. 72Termination by the Health Board: remedial notices and breach notices
  128. 73Termination by the Health Board: additional provisions specific to agreements with one or more bodies corporate
  129. 74Termination by the Health Board: changes in the provider
  130. 75Agreement sanctions
  131. 76Agreement sanctions and the dispute resolution procedure
  132. 77Termination and the NHS dispute resolution procedure
  133. 78Consultation with the area medical committee
  134. Part 9: MISCELLANEOUS
  135. 79Clinical governance
  136. 80Medical Indemnity Insurance
  137. 81Public Liability Insurance
  138. 82Gifts
  139. 83Compliance with legislation and guidance
  140. 84Third party rights
  141. 85Duty of candour
  142. Part 10: QUALITY
  143. 86Duty to participate in quality arrangements
  144. 87Quality arrangements
  145. Schedule 2: AGREEMENTS TO PROVIDE ESSENTIAL SERVICES
  146. Part 1: PROVISION OF ESSENTIAL SERVICES
  147. 1Essential services
  148. 2Essential services
  149. 3Attendance at practice premises
  150. 4Newly registered patients
  151. 5Fees and charges for essential services
  152. Part 2: LIST OF PATIENTS
  153. 6List of patients
  154. 7Application for inclusion in a list of patients
  155. 8Temporary residents
  156. 9Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
  157. 10Removal from the list at the request of the patient
  158. 11Removal from the list at the request of the provider
  159. 12Removal from the list of patients who are violent
  160. 13Removals from the list of patients registered elsewhere
  161. 14Removals from list of patients who have moved
  162. 15Removals from list of patients who have moved
  163. 16Removals from the list of patients absent from the United Kingdom etc.
  164. 17Removals from the list of patients accepted elsewhere as temporary residents
  165. 18Removals from the list of pupils etc. of a school
  166. 19Closure of lists of patients
  167. 20Approval of closure notice by the Health Board
  168. 21Rejection of closure notice by the Health Board
  169. 22Assignment of patients to lists: open lists
  170. 23Assignment of patients to lists: closed lists
  171. 24Factors relevant to assignments
  172. 25Assignments to closed lists: determination of the assessment panel
  173. 26Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
  174. 27Assignments of patients to lists at request of provider
  175. 28Application for variation of a practice area
  176. 29Rejection of a practice area variation request
  177. 30Assignments to closed lists: assignments of patients by a Health Board
  178. Part 3: NOTICES
  179. 31Notifications to the Health Board
  180. Schedule 3: AGREEMENTS TO PROVIDE ADDITIONAL SERVICES
  181. 1Additional services generally
  182. 2Cervical screening
  183. 3Contraceptive services
  184. 4Vaccinations and immunisations Repealed
  185. 5Childhood vaccinations and immunisations Repealed
  186. 6Child health surveillance
  187. 7Maternity medical services
  188. Schedule 3A: VACCINATION SERVICES
  189. 1Requirement to provide vaccination services
  190. 2Conditions which apply to all vaccination services
  191. 3Vaccinations and immunisations
  192. 4Childhood vaccinations and immunisations
  193. 5Supplementary vaccinations and immunisations
  194. Schedule 4MINIMUM STANDARDS FOR PRACTICE PREMISES
  195. Schedule 5CLOSURE NOTICE
  196. Schedule 6PRACTICE INFORMATION
  197. Schedule 7REVOCATIONS
  198. Schedule 8: CONSEQUENTIAL AMENDMENTS
  199. 1The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013
  200. 2The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
  201. 3The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004
  202. 4The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
  203. 5The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
  204. 6The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014
  205. Explanatory note