The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Contractors

   1. 3. Conditions: general

   2. 4. Conditions relating solely to medical practitioners

   3. 5. General conditions relating to all contracts

   4. 6. Reasons

   5. 7. Appeal

   6. 8. Prescribed period under section 17L(6) of the Act

4. PART 3 Pre-contract Dispute Resolution

   1. 9. Pre-contract disputes

5. PART 4 Health Service Body Status

   1. 10. Health service body status

6. PART 5 Contracts: Mandatory Terms

   1. 11. Parties to the contract

   2. 12. NHS contracts

   3. 13. Contracts with a partnership

   4. 14. Duration

   5. 15. Essential services

   6. 16. Additional services

   7. 17. Opt outs of additional and out of hours services

   8. 18. Services generally

   9. 19. Services generally

   10. 20. Services generally

   11. 21. Certificates

   12. 22. Finance

   13. 23. Finance

   14. 24. Fees and charges

   15. 25. Arrangements on termination

   16. 26. Other contractual terms

7. PART 6 Functions of Area Medical Committee

   1. 27. Functions of area medical committee

8. PART 7 Transitional Provisions

   1. 28. Commencement

   2. 29. Additional services

   3. 30. Out of hours services

   4. 31. Out of hours services

   5. 32. Out of hours services

9. Signature

10. 1. SCHEDULE 1

       ADDITIONAL SERVICES

       1. 1. Additional services generally

       2. 2. Cervical screening

       3. 3. Contraceptive services

       4. 4. Vaccinations and immunisations

       5. 5. Childhood vaccination and immunisation

       6. 6. Child health surveillance

       7. 7. Maternity medical services

       8. 8. Minor surgery

    2. SCHEDULE 2

       OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES

       1. 1. Opt outs of additional services: general

       2. 2. Temporary opt outs and permanent opt outs following temporary opt outs

       3. 3. Permanent opt outs

       4. 4. Out of hour opt outs where the opt out notice is served after 30th September 2004

       5. 5. Out of hours opt out where opt out notice is served before 1st October 2004

       6. 6. Informing patients of opt-outs

    3. SCHEDULE 3

       LIST OF PRESCRIBED MEDICAL CERTIFICATES

    4. SCHEDULE 4

       FEES AND CHARGES

       1. 1. The contractor may demand or accept a fee or other...

    5. SCHEDULE 5

       OTHER CONTRACTUAL TERMS

       1. PART 1 Provision of Services

          1. 1. Premises

          2. 2. Attendance at practice premises

          3. 3. Attendance outside practice premises

          4. 4. Newly registered patients

          5. 5. Patients not seen within 3 years

          6. 6. Patients aged 75 years and over

          7. 7. Clinical reports

          8. 8. Storage of vaccines

          9. 9. Infection control

          10. 10. Criteria for out of hours services

          11. 11. Standards for out of hours services

          12. 12. Duty of co-operation in relation to additional, enhanced and out of hours services

          13. 13. Duty of co-operation in relation to additional, enhanced and out of hours services

       2. PART 2 Patients

          1. 14. List of patients

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

          3. 16. Temporary residents

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

          5. 18. Patient preference of practitioner

          6. 19. Removal from the list at the request of the patient

          7. 20. Removal from the list at the request of the contractor

          8. 21. Removal from the list of patients who are violent

          9. 22. Removals from the list of patients registered elsewhere

          10. 23. Removals from the list of patients who have moved

          11. 24. Removals from the list of patients who have moved

          12. 25. Removals from the list of patients absent from the United Kingdom etc.

          13. 26. Removals from the list of patients accepted elsewhere as temporary residents

          14. 27. Removals from the list of pupils etc. of a school

          15. 28. Termination of responsibility for patients not registered with the contractor

          16. 29. Closure of lists of patients

          17. 30. Approval of closure notice by the Health Board

          18. 31. Rejection of closure notice by the Health Board

          19. 32. Assignment of patients to lists: open lists

          20. 33. Assignment of patients to lists: closed lists

          21. 34. Factors relevant to assignments

          22. 35. Assignments to closed lists: determinations of the assessment panel

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

          24. 37. Assignments to closed lists: assignments of patients by a Health Board

       3. PART 3 Prescribing and Dispensing

          1. 38. Prescribing

          2. 39. Prescribing

          3. 40. Restrictions on prescribing by medical practitioners

          4. 41. Restrictions on prescribing by supplementary prescribers

          5. 42. Interpretation of paragraphs 38 to 41

          6. 43. Excessive prescribing

          7. 44. Provision of dispensing services

          8. 45. Provision of drugs, medicines and appliances for immediate treatment or personal administration

       4. PART 4 Persons who perform services

          1. 46. Qualifications of performers

          2. 47. Qualifications of performers

          3. 48. Qualifications of performers

          4. 49. Qualifications of performers

          5. 50. Conditions for employment and engagement

          6. 51. Conditions for employment and engagement

          7. 52. Conditions for employment and engagement

          8. 53. Conditions for employment and engagement

          9. 54. Training

          10. 55. Training

          11. 56. Terms and conditions

          12. 57. Arrangements for GP Registrars

          13. 58. Independent nurse prescribers and supplementary prescribers

          14. 59. Signing of documents

          15. 60. Level of skill

          16. 61. Appraisal and assessment

          17. 62. Sub-contracting of clinical matters

          18. 63. Sub-contracting of out of hours service

          19. 64. Withdrawal and variation of approval under paragraph 63

          20. 65. Withdrawal and variation of approval under paragraph 63

       5. PART 5 Records, Information, Notifications and Rights of Entry

          1. 66. Patient records

          2. 67. Access to records for the purpose of the Quality Information Preparation Scheme

          3. 68. Confidentiality of personal data

          4. 69. Practice leaflet

          5. 70. Provision of information

          6. 71. Inquiries about prescriptions and referrals

          7. 72. Reports to a medical officer

          8. 73. Annual return and review

          9. 74. Notifications to the Health Board

          10. 75. Notifications to the Health Board

          11. 76. Notifications to the Health Board

          12. 77. Notice provisions specific to a contract with a company limited by shares

          13. 78. Notice provisions specific to a contract with persons practising in partnership

          14. 79. Notification of deaths

          15. 80. Notifications to patients following variation of the contract

          16. 81. Entry and inspection by the Health Board

       6. PART 6 Complaints

          1. 82. Complaints procedure

          2. 83. Making of complaints

          3. 84. Making of complaints

          4. 85. Period for making complaints

          5. 86. Further requirements for complaints procedures

          6. 87. Co-operation with investigations

          7. 88. Provision of information about complaints

       7. PART 7 Dispute Resolution

          1. 89. Local resolution of contract disputes

          2. 90. Dispute resolution: non-NHS contracts

          3. 91. NHS dispute resolution procedure

          4. 92. Determination of dispute

          5. 93. Interpretation of Part 7

       8. PART 8 Variation and Termination of Contracts

          1. 94. Variation of a contract: general

          2. 95. Termination by agreement

          3. 96. Termination by the contractor

          4. 97. Late payment notices

          5. 98. Termination by the Health Board: general

          6. 99. Termination by the Health Board for breach of conditions in regulation 4

          7. 100. Termination by the Health Board for the provision of untrue etc. information

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

          9. 102. Other grounds for termination by the Health Board

          10. 103. Termination by the Health Board: remedial notices and breach notices

          11. 104. Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares

          12. 105. Contract sanctions

          13. 106. Contract sanctions and the dispute resolution procedure

          14. 107. Termination and the NHS dispute resolution procedure

          15. 108. Consultation with the area medical committee

          16. 109. Where the contractor changes from being an individual to a partnership

          17. 110. Where the contractor changes from being a partnership to an individual

       9. PART 9 MISCELLANEOUS

          1. 111. Clinical governance

          2. 112. Insurance

          3. 113. Insurance

          4. 114. Gifts

          5. 115. Compliance with legislation and guidance

          6. 116. Third party rights

    6. SCHEDULE 6

       OUT OF HOURS SERVICES

       1. 1. Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services

       2. 2. Application for approval of an out of hours arrangement

       3. 3. Effect of approval of an arrangement with a transferee out of hours service provider

       4. 4. Review of approval

       5. 5. Immediate withdrawal of approval other than following review

       6. 6. Termination of an out of hours arrangement

    7. SCHEDULE 7

    8. SCHEDULE 8

       INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

       1. 1. The name of the contractor.

       2. 2. In the case of a contract with a partnership—

       3. 3. In the case of a contract with a company—

       4. 4. The full name of each person performing services under the...

       5. 5. In the case of each health care professional performing services...

       6. 6. Whether the contractor undertakes the teaching or training of health...

       7. 7. The contractor’s practice area, by reference to a sketch diagram,...

       8. 8. The address of each of the practice premises.

       9. 9. The contractor’s telephone and fax numbers and the address of...

       10. 10. Whether the practice premises have suitable access for all disabled...

       11. 11. How to register as a patient.

       12. 12. The right of patients to express a preference of practitioner...

       13. 13. The services available under the contract.

       14. 14. The opening hours of the practice premises and the method...

       15. 15. The criteria for home visits and the method of obtaining...

       16. 16. The consultations available to patients under paragraphs 5 and 6...

       17. 17. The arrangements for services in the out of hours period...

       18. 18. If the services in paragraph 17 are not provided by...

       19. 19. The telephone number of NHS 24 and details of the...

       20. 20. The method by which patients are to obtain repeat prescriptions....

       21. 21. If the contractor is a dispensing contractor the arrangements for...

       22. 22. How patients may make a complaint or comment on the...

       23. 23. The rights and responsibilities of the patient, including keeping appointments....

       24. 24. The action that may be taken where a patient is...

       25. 25. Details of who has access to patient information (including information...

       26. 26. The name, address and telephone number of the Health Board...

11. Explanatory Note