The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2000

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) (Scotland) Amendment Regulations 2000 and shall come into force on 10th March 2000.

(2) In these Regulations “the principal Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 1995(1).

New Regulation 7A of the principal Regulations

2.  After regulation 7 of the principal Regulations there is inserted–

“Removal from the medical list where a doctor has died etc.

7A.   Where a Health Board or primary care NHS trust determines that a doctor whose name has been included in its medical list–

(a) has died;

(b) is no longer a doctor;

(c) is the subject of a direction given by the Professional Conduct Committee under section 36 of the Medical Act 1983 (erasure of name from the register or suspension of registration)(2) or of an order made by that Committee under section 38(1) of that Act (immediate suspension);

(d) has been convicted in the United Kingdom of murder; or

(e) has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of at least six months,

it shall remove his name from the medical list with effect from the date of its determination or, where sub-paragraph (c) applies, the date on which the direction or order takes effect, if that date is later than the date of the Health Board’s or primary care NHS trust’s determination.”.

Amendment of Regulation 9 of the principal Regulations

3.  In Regulation 9(3) of the principal Regulations (application for inclusion in the medical list) after the word “Committee” in the second place where it occurs there is added–

“and the report shall include details of the declaration made under paragraph 6A of Part I of Schedule 2”.

Amendment of Schedule 2 to the principal Regulations

4.  After paragraph 6 of Part I of Schedule 2 to the principal Regulations (information and undertakings to be included in an application for inclusion in the medical list) there is inserted–

“6A.   Declaration as to whether–

(a) the applicant has been convicted of a criminal offence, bound over or cautioned in the United Kingdom or elsewhere, or is currently the subject of any proceedings which might lead to such a conviction, order to bind over or caution;

(b) the applicant has been, or is currently subject to any action by his professional body or by any licensing or regulatory body in the United Kingdom or elsewhere,

and if so, details, including approximate dates of where the action or proceedings were or are to be brought, the nature of that action or proceedings and any outcome.”.

SUSAN C DEACON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

15th February 2000