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The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

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Gifts

78.—(1) The provider shall keep a register of gifts which–

(a)are given to any of the persons specified in sub-paragraph (2) by or on behalf of–

(i)a patient;

(ii)a relative of a patient; or

(iii)any person who provides or wishes to provide services to the provider or its patients in connection with the agreement; and

(b)have, in its reasonable opinion, an individual value of more than £100.00.

(2) The persons referred to in sub-paragraph (1) are–

(a)the provider;

(b)where a partnership is a party to the agreement, any partner in the partnership;

(c)where a company is a party to the agreement–

(i)any person legally and beneficially holding a share in the company, or

(ii)a director or secretary of the company;

(d)any person employed by the provider for the purposes of the agreement;

(e)any general medical practitioner engaged by the provider for the purposes of the agreement;

(f)any spouse of an individual (where an individual is a party to the agreement) or of a person specified in paragraphs (b) to (e); or

(g)any person (whether or not of the opposite sex) whose relationship with any individual (where an individual is a party to the agreement) or with a person specified in paragraphs (b) to (e) has the characteristics of the relationship between husband and wife.

(3) Sub-paragraph (1) does not apply where–

(a)there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the provider;

(b)the provider is not aware of the gift; or

(c)the provider is not aware that the donor wishes to provide services to the provider.

(4) The provider shall take reasonable steps to ensure that it is informed of gifts which fall within sub-paragraph (1) and which are given to the persons specified in sub-paragraph (2)(b) to (g).

(5) The register referred to in sub-paragraph (1) shall include the following information–

(a)the name of the donor;

(b)in a case where the donor is a patient, the patient’s National Health Service number or, if the number is not known, his address;

(c)in any other case , the address of the donor;

(d)the nature of the gift;

(e)the estimated value of the gift; and

(f)the name of the person or persons who received the gift.

(6) The provider shall make the register available to the Health Board on request.

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