The National Health Service (Personal Medical Services) (Scotland) Regulations 2001

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Personal Medical Services) (Scotland) Regulations 2001 and shall come into force on 1st April 2001.

(2) In these Regulations, unless the context otherwise requires–

“the 1978 Act” means the National Health Service (Scotland) Act 1978;

“an agreement” means an agreement made between a Health Board and a provider pursuant to section 17C of the 1978 Act under which personal medical services are provided;

“approved medical practice” means a medical practice approved for the purpose of section 10(2) of the Medical Act 1983(1);

“child health surveillance services” means personal medical services which comprise–

(a)

the monitoring–

(i)

by the consideration of information concerning the child received by or on behalf of the performer; and

(ii)

on any occasion when the child is examined or observed by or on behalf of the performer,

of the health, well-being and physical, mental and social development of the child while under the age of 5 years with a view to detecting any deviations from normal development;

(b)

the examination of the child by or on behalf of the performer on so many occasions and at such intervals as shall be determined by the Health Board in whose area the child resides for the purposes of the provision of child health surveillance services generally;

“the Choice of Medical Practitioner Regulations” means the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 1998(2);

“contraceptive services” means–

(a)

the giving of advice to women on contraception;

(b)

the medical examination of women seeking such advice;

(c)

the contraceptive treatment of such women; and

(d)

the supply to such women of contraceptive substances and appliances;

“General Practice (GP) Registrar” has the meaning assigned to it in regulation 2(1) of the GMS Regulations 1995(3);

“the GMS Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 1995(4);

“maternity medical services” means the provision of personal medical services which comprise–

(a)

the provision of personal medical services to a woman during the ante natal period;

(b)

the provision of personal medical services to a woman during labour;

(c)

the provisions of personal medical services to a woman and to her baby, where the pregnancy has resulted in the birth of a live baby, including the provision of all necessary personal medical services to that baby during the period of 14 days following its birth, unless, during that period, another medical practitioner has accepted the baby for inclusion in that practitioner’s list pursuant to an application made on the baby’s behalf under regulation 2 of the Choice of Medical Practitioner Regulations, during the post-natal period; and

(d)

the provision of a full post-natal examination;

“minor surgery services” means the personal medical services described in Schedule 5;

“Part II Practitioner” means a medical practitioner who provides general medical services;

“performer” means any registered medical practitioner (including the provider) who performs personal medical services provided under an agreement;

“performer’s list” means a list of persons who have been accepted by or assigned to a performer under the Choice of Medical Practitioner Regulations;

“pooled list” means a list of persons who have been accepted by a provider for the provision of personal medical services, and who are not included in a performer’s list;

“provider” means any person or body with whom a Health Board enters into an agreement;

“Scheduled drug” has the meaning given in regulation 2(1) of the GMS Regulations;

“the Tribunal” means the Tribunal constituted under section 29 of the 1978 Act.

(3) In these Regulations unless the context otherwise requires, a reference to a regulation or Schedule is to a regulation of, or a Schedule to, these Regulations and a reference to a paragraph is to a paragraph of the regulation in which the reference is made.

(1)

1983 c. 54. Section 10 was amended by the National Health Service (Primary Care) Act 1997 (c. 46), section 35(2).

(2)

S.I. 1998/659, amended by S.I. 2000/191 and 2001/ .

(3)

S.I. 1995/416. The definition of “General Practice (GP) Registrar”was substituted for that of a “trainee general practitioner”by S.I. 1998/4.

(4)

S.I. 1995/416, amended by S.I. 1995/3199, 1996/842, 1504, 1997/943, 1473, 1998/4, 660, 1600, 1667, 1999/749, 1057 and 1620 and by S.S.I. 1999/54, 2000/28 and 190.