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

Interpretation

2.  In these Regulations–

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

“the 2001 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(1);

“the 2002 Order” means the Medical Act 1983 (Amendment) Order 2002(2);

“the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(3);

“the 2004 Act” means the Primary Medical Services (Scotland) Act 2004(4);

“appliance” means an appliance which is included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1) of the Act;

“approved medical practice” has the meaning indicated in section 11(4) of the Medical Act 1983(5);

“area medical committee” means the committee of that name recognised under section 9 of the Act(6) (local consultative committees) in the area of the Health Board;

“area pharmaceutical committee” means the committee of that name recognised under section 9 of the Act (local consultative committees) in the area of the Health Board;

“armed forces GP” means a medical practitioner, who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the armed forces of the Crown, and

(a)

before the coming into force of article 10 of the 2003 Order holds either a certificate of prescribed experience under regulation 10 of, or a certificate of equivalent experience under regulation 11 of, the Vocational Training Regulations; or

(b)

upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, is an eligible general medical practitioner pursuant to that paragraph, other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to that Order;

“both registers” means the register of medical practitioners and, after the coming into force of article 10 of the 2003 Order, that register and the GP Register;

“CCT” means Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;

“Committee on Professional Performance” means the Committee on Professional Performance of the General Medical Council referred to in section 1(3) of the Medical Act 1983(7);

“conditional disqualification” has the meaning indicated in section 29C(1) of the Act(8) and includes a decision under provisions in force in England, Wales or Northern Ireland corresponding to a conditional disqualification, and “conditionally disqualified” shall be construed accordingly;

“disqualification” means local or national disqualification by the Tribunal, (or a decision under provisions in force in England, Wales or Northern Ireland corresponding to local or national disqualification), but does not include conditional disqualification, and “disqualified” shall be construed accordingly;

“EEA state” means a Contracting Party to the Agreement on the European Economic Area(9) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(10) signed at Brussels on 17th March 1993;

“equivalent body” means, in England, a Primary Care Trust, in Wales, a Local Health Board or, in Northern Ireland, a Health and Social Services Board;

“equivalent list” means a list kept by an equivalent body;

“first condition for disqualification” has the meaning indicated in section 29(6) of the Act(11);

“Fitness to Practise Panel” means a panel constituted pursuant to paragraph 19E of Schedule 1 to the Medical Act 1983(12);

“fraud” means matters which it is the function of the Agency to prevent, detect or investigate by virtue of article 3(o) of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974(13);

“general medical practitioner” means a GP Registrar or–

(a)

on the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the GP Register, otherwise than by virtue of paragraph 1(d) of Schedule 6 to that Order; and

(b)

until the coming into force of that article, a medical practitioner who is either–

(i)

until the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, suitably experienced within the meaning of section 21(2) of the Act, section 31(2) of the National Health Service Act 1977(14) or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978(15); or

(ii)

upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, an eligible general medical practitioner pursuant to that paragraph other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to the 2003 Order;

“General Medical Services Contracts Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(16);

“GP Register” means the register kept by the General Medical Council under article 10 of the 2003 Order;

“GP Registrar”–

(a)

until the coming into force of article 5 of the 2003 Order, means a medical practitioner who is being trained in general practice by a medical practitioner who–

(i)

has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the Vocational Training Regulations; and

(ii)

performs primary medical services; or

(b)

after the coming into force of that article, means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT, or otherwise;

“GP Trainer” means a medical practitioner, other than a GP Registrar, who is–

(a)

until the coming into force of article 4(5)(d) of the 2003 Order, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the Vocational Training Regulations; or

(b)

from the coming into force of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i) of that Order;

“health case” has the meaning ascribed to it by section 35E(4) of the Medical Act 1983(17);

“licensing or regulatory body” means a body that licenses or regulates any profession of which the general medical practitioner is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;

“list” has, unless the context otherwise requires, the same meaning as in section 29(8) of the Act;

“medical practitioner” means a registered medical practitioner, and includes for the purposes of these Regulations, a person provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) or section 21 (provisional registration) of the Medical Act 1983(18) or a person for the time being registered under section 22 (limited registration of persons by virtue of overseas qualifications) of that Act(19) with limited registration;

“local or national disqualification” has the meaning indicated in section 29B(2) of the Act(20);

“performer” means a person included in a primary medical services performers list;

“pharmacist” means–

(a)

a registered pharmacist within the meaning of the Medicines Act 1968(21) who provides pharmaceutical services;

(b)

a person lawfully conducting a retail pharmacy business in accordance with section 69 (general provisions) of that Act(22) who provides such services; or

(c)

a supplier of appliances,

who is included in the list of a Health Board under section 27 (arrangements for provision of pharmaceutical services) of the Act(23);

“primary medical services performers list” means a list of medical practitioners prepared pursuant to regulation 4(1);

“professional conduct” includes matters relating both to professional conduct and professional performance;

“Professional Conduct Committee” means the Professional Conduct Committee of the General Medical Council referred to in section 1(3) of the Medical Act;

“professional registration number” means the number against the medical practitioner’s name in the register of medical practitioners kept by the General Medical Council;

“provider of primary medical services” means a general medical practitioner, who, in addition to performing primary medical services, provides (including by virtue of being a partner in a partnership which so provides) primary medical services in accordance with arrangements under section 2C(2) (functions of Health Boards: primary medical services), an agreement under section 17C (personal medical or dental services) or a general medical services contract under section 17J (Health Board’s power to enter into general medical services contracts) of the Act (24);

“register of medical practitioners” has the meaning given to it by section 2(2) of the Medical Act 1983 (25);

“relevant service in the armed forces” means whole time service in the armed forces of the Crown in a national emergency, as a volunteer or otherwise, or a compulsory whole-time service in those forces, including any service resulting from any reserve liability, or any equivalent service by a person liable for compulsory whole-time service in those forces;

“second condition for disqualification” has the meaning indicated in section 29(7) of the Act;

“Section 17C Agreements Regulations” means the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(26);

“suspended” means, unless the context otherwise requires, suspended as respects the performance of primary medical services by a direction of the Tribunal made pursuant to section 32A(2) (applications for interim suspension) or 32B(1) (suspension pending appeal) of the Act(27) or under any provisions in force in England, Wales or Northern Ireland corresponding thereto;

“the Vocational Training Regulations” mean the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998(28);

“vocational training scheme” means–

(a)

a pre-arranged programme of training which is designed for the purpose of enabling a medical practitioner to gain the medical experience prescribed by regulation 6(1) of the Vocational Training Regulations; or

(b)

after the coming into force of article 4 of the 2003 Order, post graduate medical education and training necessary for the award of a CCT under that article; and

“writing” includes, except in regulation 6(1), transmission by electronic means and “written” shall be construed accordingly.

(1)

S.S.I. 2001/430, as amended by S.S.I. 2002/100 and 2003/130 and 295.

(2)

S.I. 2002/3135.

(3)

S.I. 2003/1250.

(4)

2004 asp 1.

(5)

1983 c. 54. Section 11(4) was amended by the National Health Service (Primary Care) Act 1997 (c. 46), section 35(4) and Schedule 2, Part 1, paragraph 61.

(6)

Section 9 was amended by the Health Service and Community Care Act 1990 (c. 19), section 29(5) and the Health Act 1999 (c. 8), Schedule 4, paragraph 43.

(7)

1983 c. 54. Section 1(3) was amended by the Medical (Professional Performance) Act 1995 (c. 51), Schedule, paragraph 2 and S.I. 2000/1803.

(8)

Section 29C(1) was inserted by the Health Act 1999 (c. 8), section 58.

(9)

O.J. No. L 1, 3.1.94, p.1.

(10)

O.J. No. L 1, 3.1.94, p.571.

(11)

Section 29 was substituted by the Health Act 1999 (c. 8), section 58(1) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5), schedule 2, paragraph 2(4) and the Primary Medical Services (Scotland) Act 2004 (asp 1), section 5(3).

(12)

1983 c. 54. Paragraph 19E is inserted by article 5(3) of the 2002 Order, with effect from such date as the Secretary of State may specify.

(13)

S.I. 1974/467. Relevant amending instruments are S.I. 1991/900, 2000/224and S.S.I. 2003/306.

(14)

1977 c. 49.

(15)

S.I. 1978/1907

(16)

S.S.I. 2004/115.

(17)

Section 35E is inserted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

(18)

1983 c. 54. Section 15 was amended by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, Part 1, paragraph 61(4); section 15A was inserted by S.I. 2000/3041. Section 21 was amended by the 1997 Act, Schedule 2, Part 1, paragraph 61(5) and by S.I. 1996/1591 and 2002/3135.

(19)

Section 22 was amended by S.I. 1996/1951 and 2002/3135.

(20)

Section 29B was inserted by the Health Act 1999 (c. 8), section 58 (1) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5), schedule 2, paragraph 2(6) and the Primary Medical Services (Scotland) Act 2004 (asp 1), schedule, paragraph 1(13).

(21)

1968 c. 67.

(22)

Section 69 was amended by the Statute Law (Repeals) Act 1993 (c. 50) and the Pharmacists (Fitness to Practise) Act 1997 (c. 19), Schedule, paragraph 5.

(23)

Section 27 was amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, the Medicinal Products: Prescription by Nurses etc Act 1992 (c. 28) section 3, the National Health Service (Primary Care) Act 1997 (c. 46) Schedule 2, paragraph 44, the Health and Social Care Act 2001 (c. 15) section 44 , the Health Services Act 1980 (c.53), section 20(2) and SI 2003/1590.

(24)

Section 2C was inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”), section 1; section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46) and amended by the 2004 Act, section 2(2); section 17J was inserted by the 2004 Act, section 4.

(25)

1983 c. 54. Section 2 was amended by S.I. 1996/1591.

(26)

S.S.I. 2004/116.

(27)

Section 32A(2) was inserted by the National Health Service (Amendment) Act 1995 (c. 31) (“the 1995 Act”), section 8 and amended by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 51; Section 32B(1) was inserted by the 1995 Act, section 8 and substituted by the 1999 Act, Schedule 4, paragraph 52(a).

(28)

S.I. 1998/5 as amended by S.I. 1998/669 and S.S.I. 2000/23.