The National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001

Addition of regulation 9 of the principal Regulations

10.  After regulation 8 of the principal Regulations (transfer of doctors between provision of general medical services and performance of personal medical services) there is added–

“Transfer of doctors from a pilot scheme agreement to a PMS agreement

9.— (1) Where a person has chosen a doctor from whom he is to receive personal medical services under a pilot scheme agreement and–

(a) his name is included in the list of that doctor; or

(b) he has been accepted for inclusion of his name in that list,

he shall, subject to regulation 3(1) and his right to withdraw from the list of a doctor under paragraph 7 of the Directions to Health Boards Concerning Patient Lists (Personal Medical Services) made under section 6(1) of the 1997 Act, continue to be included in the list of his chosen doctor notwithstanding that the doctor ceases to perform personal medical services under a pilot scheme agreement, if the doctor–

(i) immediately starts to perform personal medical services in connection with a PMS agreement and one of the parties to that agreement is a Health Board or primary care NHS trust which was previously one of the parties to the pilot scheme agreement; and

(ii) is primarily responsible for the performance of personal medical services under that agreement.”.