Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Disclosure of information

14.—(1) Where a Health Board decides to–

(a)refuse to admit a person to the Board’s primary medical services performers list on the grounds specified in regulation 7(1);

(b)remove a performer from that list under regulation 9 or 10 ;

the Health Board shall notify the persons or bodies specified in paragraph (2) within 7 days of that decision, and shall additionally notify those persons or bodies specified in paragraph (3), if requested to do so by those persons or bodies in writing, of the matters set out in paragraph (4).

(2) The persons or bodies to be notified within 7 days in accordance with paragraph (1) are–

(a)the Scottish Ministers;

(b)any other Health Board or equivalent body that, to the knowledge of the notifying Board–

(i)has the person on any list or equivalent list,

(ii)is considering an application for inclusion in any list or equivalent list by that person; or

(iii)is investigating an allegation against that person;

(c)the Secretary of State;

(d)the National Assembly for Wales;

(e)the Northern Ireland Executive;

(f)the General Medical Council or any other appropriate regulatory body;

(g)where an allegation of fraud is being considered, the Agency.

(3) The persons or bodies to be additionally notified in accordance with paragraph (1) are–

(a)persons or bodies that can establish that they are or were employing that person, using or used that person’s services or considering employing that person or using that person’s services in a professional capacity;

(b)a partnership which provides primary medical services which can establish that the person is or was a member of the partnership or that it is considering inviting the person to become such a member;

(c)a corporate body which provides primary medical services which can establish that that the person is or was–

(i)a member;

(ii)a legal and beneficial shareholder;

(iii)a director or secretary; or

(iv)one of the body of persons with control,

of that corporate body, or that the corporate body was considering inviting the person to become such a person.

(4) The matters referred to in paragraph (1) are–

(a)the person’s name, address and date of birth;

(b)the person’s professional registration number;

(c)the date of and a copy of the Health Board’s decision; and

(d)a contact name of a person in the Health Board for further enquiries.

(5) The Health Board shall send to the person concerned a copy of any information about that person provided to the persons or bodies listed in paragraph (2) or (3), and any correspondence with that person or body relating to that information.

(6) Where the Health Board has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may, in addition, if requested by that person or body, notify that person or body of any evidence that was considered, including any representations from the performer.

(7) Where a decision is changed on appeal the Health Board shall notify the persons or bodies that were notified of the original decision of the later decision.

(8) A Health Board may disclose information about a performer supplied to it or acquired by it pursuant to these Regulations, or about references by the Health Board to the Tribunal to any of the following persons or bodies:–

(a)the Scottish Ministers;

(b)any other Health Board or equivalent body, which–

(i)has the person to whom the information relates on any list or equivalent list;

(ii)is considering an application from such a person for inclusion in any list or equivalent list;

(iii)is investigating an allegation against that person;

(c)the Secretary of State;

(d)the National Assembly for Wales;

(e)the Northern Ireland Executive;

(f)the General Medical Council or any other licensing or regulatory body;

(g)where an allegation of fraud is being considered, the Agency;

(h)persons or bodies that can establish that they are or were employing that person, using or used that person’s services or considering employing that person or using that person’s services in a professional capacity;

(i)a partnership which provides primary medical services which can establish that the person is or was a member of the partnership or that it is considering inviting the person to become such a member; and

(j)a corporate body which provides primary medical services which can establish that that the person is or was–

(i)a member;

(ii)a legal and beneficial shareholder;

(iii)a director or secretary; or

(iv)one of the body of persons with control,

of that corporate body, or that the corporate body was considering inviting the person to become such a person.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources