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

Certificates

25.—(1) A contract must contain a term which has the effect of requiring the contractor to issue free of charge to a patient or a patient’s personal representatives any medical certificate of a description prescribed in column 1 of schedule 4, which is reasonably required under or for the purposes of the enactments specified in relation to the certificate in column 2 of that schedule, except where, for the condition to which the certificate relates, the patient—

(a) is being attended by a medical practitioner or an alternative provider for the relevant certificate who is not—

(i) employed or engaged by the contractor;

(ii) in the case of a contract with a partnership, one of the partners;

(iii) in the case of a contract with a limited liability partnership, one of the members; or

(iv) in the case of a contract with a company, one of the members; or

(b) is not being treated by or under the supervision of a health care professional.

(2) The exception in paragraph (1)(a) will not apply where the certificate is a doctor’s statement issued in accordance with regulation 2(1) of the Social Security (Medical Evidence) Regulations 1976(1) (evidence of incapacity for work, limited capability for work and confinement) or regulation 2(1) of the Statutory Sick Pay (Medical Evidence) Regulations 1985(2) (medical information).

(3) The contract must contain a term which has the effect of providing that the contractor’s obligation to issue any medical certificate prescribed in column 1 of schedule 4 can be discharged on behalf of the contractor by an alternative provider for the relevant medical certificate.

(4) In this regulation “alternative provider” means another health care professional(3) who falls within the description of alternative providers specified in column 3 of schedule 4 in relation to the relevant medical certificate prescribed in column 1 of that schedule.

(1)

S.I. 1976/615. Regulation 2(1) was substituted by S.I. 2010/137.

(2)

S.I. 1985/1604. Regulation 2(1) was substituted by S.I. 2010/137.

(3)

“Health care professional” includes nurses and midwives registered with the Nursing and Midwifery Council.