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

1. Introductory Text

2. PART 1

   1. 1. Citation and commencement

   2. 2. Application

   3. 3. Interpretation

3. PART 2

   1. 4. General conditions relating to providers

   2. 5. Further conditions relating to all agreements

   3. 6. Reasons

   4. 7. Appeal

   5. 8. Prescribed period under section 17D(3) of the Act

   6. 9. Pre-agreement dispute resolution

4. PART 3

   1. 10. Health service body status

5. PART 4 PROVISION OF PRIMARY MEDICAL SERVICES

   1. 11. Provision of primary medical services

   2. 12. Primary medical services and content of agreements

   3. 13. Essential services and content of agreements

   4. 14. Additional services and content of agreements

   5. 14A. Requirement to provide vaccination services

6. PART 5

   1. 15. Parties to the agreement

   2. 16. NHS contracts

   3. 17. Agreements with one or more partnerships

   4. 18. Arrangements on termination

   5. 19. Services generally

   6. 20. Certificates

   7. 21. Additional obligations in relation to practice premises

   8. 22. Finance

   9. 23. Finance

   10. 24. Fees and charges

   11. 25. Implied agreement terms

7. PART 6

   1. 26. Functions of area medical committee

8. PART 7

   1. 27. Right to a general medical services contract

9. PART 8 TRANSITIONAL PROVISIONS

   1. 28. Out of Hours

   2. 28A. Transitional arrangements for vaccination and immunisation services

   3. 29. Revocations

   4. 30. Consequential amendments

10. Signature

11. 1. SCHEDULE 1

       CONTENT OF AGREEMENTS

       1. PART 1 PROVISION OF SERVICES

          1. 1. Premises

          2. 2. Telephone services

          3. 3. Attendance outside practice premises

          4. 4. Clinical reports

          5. 5. Storage of vaccines

          6. 5A. Anaphylaxis training

          7. 6. Infection control

          8. 6A. Health Board support for providers

          9. 7. Duty of co-operation in relation to primary medical services

          10. 8. Duty of co-operation in relation to primary medical services

          11. 8A. Duty of co-operation with Health Board support for providers

       2. PART 2 PATIENTS

          1. 9. Patient preference of practitioner

          2. 10. Termination of responsibility for patients not registered with the provider

       3. PART 3 PRESCRIBING AND DISPENSING

          1. 11. Prescribing

          2. 12. Prescribing

          3. 13. Restrictions on prescribing by medical practitioners

          4. 14. Restrictions on prescribing by supplementary prescribers

          5. 15. Excessive prescribing

          6. 16. Provision of dispensing services

          7. 17. Provision of drugs, medicines and appliances for immediate treatment or personal administration

       4. PART 4 PERSONS WHO PERFORM SERVICES

          1. 18. Qualifications of performers

          2. 19. Qualifications of performers

          3. 20. Qualifications of performers

          4. 21. Qualifications of performers

          5. 22. Conditions for employment and engagement

          6. 23. Conditions for employment and engagement

          7. 24. Conditions for employment and engagement

          8. 25. Conditions for employment and engagement

          9. 26. Training

          10. 27. Training

          11. 28. Arrangements for GP registrars

          12. 29. Independent prescribers and supplementary prescribers

          13. 30. Signing of documents

          14. 31. Level of skill

          15. 32. Appraisal and assessment

          16. 33. Sub-contracting of clinical matters

       5. PART 5 DATA PROTECTION, RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

          1. 34. Interpretation

          2. 35. Provider and Health Board Obligations

          3. 36. Records

          4. 37. Processing and access of data

          5. 38. Confidentiality of personal data

          6. 39. GP IT Services

          7. 40. Patient online appointment services

          8. 41. Practice leaflet

          9. 41A. Practice website

          10. 42. Inquiries about prescriptions and referrals

          11. 43. Provision of information to a medical officer etc.

          12. 44. Annual return and review

          13. 45. Notifications to the Health Board

          14. 46. Notifications to the Health Board

          15. 47. Notice provisions specific to agreements with one or more companies limited by shares

          16. 48. Notice provisions specific to an agreement with one or more companies

          17. 49. Notice provisions specific to an agreement with one or more partnerships

          18. 50. Notice provisions specific to an agreement with persons practising with one or more limited liability partnership

          19. 51. Notification of deaths

          20. 52. Notifications to patients following variation of the agreement

          21. 53. Entry and inspection by the Health Board

       6. PART 6 COMPLAINTS

          1. 54. Complaints procedure

          2. 55. Co-operation with investigations

       7. PART 7 DISPUTE RESOLUTION

          1. 56. Local resolution of contract disputes – Local Dispute Resolution Process

          2. 57. Dispute resolution: non-NHS contracts

          3. 58. NHS dispute resolution procedure

          4. 59. Determination of dispute

          5. 60. Interpretation of Part 7

       8. PART 8 VARIATION AND TERMINATION OF AGREEMENTS

          1. 61. Variation of an agreement: general

          2. 62. Variation of an agreement: execution

          3. 63. Termination by agreement

          4. 64. Termination by the provider

          5. 65. Withdrawal by parties to an agreement other than Health Boards

          6. 66. Late payment notices

          7. 67. Termination by the Health Board: general

          8. 68. Other grounds for termination by the Health Board

          9. 69. Other grounds for termination by the Health Board for agreements entered into on or after 22nd December 2010

          10. 70. Other grounds for termination by the Health Board

          11. 71. Termination by the Health Board for unlawful sub contracting

          12. 72. Termination by the Health Board: remedial notices and breach notices

          13. 73. Termination by the Health Board: additional provisions specific to agreements with one or more bodies corporate

          14. 74. Termination by the Health Board: changes in the provider

          15. 75. Agreement sanctions

          16. 76. Agreement sanctions and the dispute resolution procedure

          17. 77. Termination and the NHS dispute resolution procedure

          18. 78. Consultation with the area medical committee

       9. PART 9 MISCELLANEOUS

          1. 79. Clinical governance

          2. 80. Medical Indemnity Insurance

          3. 81. Public Liability Insurance

          4. 82. Gifts

          5. 83. Compliance with legislation and guidance

          6. 84. Third party rights

          7. 85. Duty of candour

       10. PART 10 QUALITY

           1. 86. Duty to participate in quality arrangements

           2. 87. Quality arrangements

    2. SCHEDULE 2

       AGREEMENTS TO PROVIDE ESSENTIAL SERVICES

       1. PART 1 PROVISION OF ESSENTIAL SERVICES

          1. 1. Essential services

          2. 2. Essential services

          3. 3. Attendance at practice premises

          4. 4. Newly registered patients

          5. 5. Fees and charges for essential services

       2. PART 2 LIST OF PATIENTS

          1. 6. List of patients

          2. 7. Application for inclusion in a list of patients

          3. 8. Temporary residents

          4. 9. Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident

          5. 10. Removal from the list at the request of the patient

          6. 11. Removal from the list at the request of the provider

          7. 12. Removal from the list of patients who are violent

          8. 13. Removals from the list of patients registered elsewhere

          9. 14. Removals from list of patients who have moved

          10. 15. Removals from list of patients who have moved

          11. 16. Removals from the list of patients absent from the United Kingdom etc.

          12. 17. Removals from the list of patients accepted elsewhere as temporary residents

          13. 18. Removals from the list of pupils etc. of a school

          14. 19. Closure of lists of patients

          15. 20. Approval of closure notice by the Health Board

          16. 21. Rejection of closure notice by the Health Board

          17. 22. Assignment of patients to lists: open lists

          18. 23. Assignment of patients to lists: closed lists

          19. 24. Factors relevant to assignments

          20. 25. Assignments to closed lists: determination of the assessment panel

          21. 26. Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

          22. 27. Assignments of patients to lists at request of provider

          23. 28. Application for variation of a practice area

          24. 29. Rejection of a practice area variation request

          25. 30. Assignments to closed lists: assignments of patients by a Health Board

       3. PART 3 NOTICES

          1. 31. Notifications to the Health Board

    3. SCHEDULE 3

       AGREEMENTS TO PROVIDE ADDITIONAL SERVICES

       1. 1. Additional services generally

       2. 2. Cervical screening

       3. 3. Contraceptive services

       4. 4. Vaccinations and immunisations

       5. 5. Childhood vaccinations and immunisations

       6. 6. Child health surveillance

       7. 7. Maternity medical services

    4. SCHEDULE 3A

       VACCINATION SERVICES

       1. 1. Requirement to provide vaccination services

       2. 2. Conditions which apply to all vaccination services

       3. 3. Vaccinations and immunisations

       4. 4. Childhood vaccinations and immunisations

       5. 5. Supplementary vaccinations and immunisations

    5. SCHEDULE 4

       MINIMUM STANDARDS FOR PRACTICE PREMISES

    6. SCHEDULE 5

       CLOSURE NOTICE

    7. SCHEDULE 6

       PRACTICE INFORMATION

    8. SCHEDULE 7

       REVOCATIONS

    9. SCHEDULE 8

       CONSEQUENTIAL AMENDMENTS

       1. 1. The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

       2. 2. The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

       3. 3. The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

       4. 4. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

       5. 5. The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

       6. 6. The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

12. Explanatory Note