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The National Health Service (Tribunal) (Scotland) Amendment Regulations 2004

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Citation and commencement

1.  These Regulations may be cited as the National Health Service (Tribunal) (Scotland) Amendment Regulations 2004 and shall come into force on 1st April 2004.

Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004

2.—(1) The National Health Service (Tribunal) (Scotland) Regulations 2004(1) are amended as follows.

(2) In regulation 2(1), 8, 9(2) to (4), 11(2) to (6), 12, 18(1), 20(2), 21(4), 22(1), 23(2), 24(4) to (8), 25(3), 26(1) and (2), 29(1) and (3) to (6) and 31(1), paragraph 8 of Schedule 1 and in Form 1, 2, 3, 4, 6, and 7 in Schedule 2 omit “or primary care NHS trust” in every place where it occurs.

(3) In regulation 2 (interpretation and forms)–

(a)omit the definitions of “the 1997 Act”, “doctor” and “primary care NHS trust”;

(b)in the definitions of “ophthalmic medical practitioner”, “practitioner” and “relevant professional body” for “doctor” substitute “medical practitioner”;

(c)after “practitioner” insert–

“primary medical services performers list” means a list maintained under the Primary Medical Services Performers Lists Regulations;

“Primary Medical Services Performers Lists Regulations” means the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004(2);;

(d)in the definition of “representations” omit “or representations under paragraph 3(1) or (2) of Schedule 1 to the 1997 Act (representations against preferential treatment)”; and

(e)in the definition of “review” omit “or an inquiry into whether or not to give a direction under paragraph 5 (termination of directions) of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act.

(4) After regulation 3 (health schemes) insert–

List of health care professionals of a prescribed description

3A.  In section 29(8)(a) of the 1978 Act health care professionals of a prescribed description are medical practitioners..

(5) In regulation 6 (submission of representations)–

(a)omit paragraph (2);

(b)in paragraph (3) after “paragraph” insert “(3A) or”;

(c)after paragraph (3) insert–

(3A) Subject to paragraph (5), where representations are made that the second condition of disqualification is met and relate to a practitioner who has applied to join a primary medical services performers list but whose application has been deferred in accordance with regulation 6(3) of the Primary Medical Services Performers Lists Regulations, they shall be sent to the clerk to the Tribunal within 30 days of receipt of the confirmation that the applicant wishes to proceed with the application, and has provided details of any changes to the application and any information included in the application together with any changes to the application and information provided, pursuant to regulation 6(5) of those Regulations.; and

(d)in paragraph (5) for “(2) or (3)” substitute “(3) or (3A)”.

(6) In regulation 9(3) omit “and primary care NHS Trust”.

(7) In regulation 11(5) and (6) omit “or primary care NHS trusts” in each place where it occurs.

(8) In regulation 15(3)(c) omit “and primary care NHS trust”.

(9) In regulation 21 (statement by the Tribunal)–

(a)in paragraph (1)–

(i)after sub paragraph (e) insert “and”; and

(ii)omit sub paragraph (f);

(b)in paragraph (3)(b) omit “or a direction under paragraph 4(1) of Schedule 1 to the 1997 Act”; and

(c)in paragraph (4) omit “or primary care NHS trusts”.

(10) In regulation 25 (statement by the Tribunal following review)–

(a)in paragraph (1)(c) omit “, or where it is of the opinion that the disqualification of the applicant for inclusion in any list to which a direction under paragraph 4(1) of Schedule 1 (preferential treatment on transferring medical lists) to the 1997 Act related should be removed, a direction under paragraph 5 (termination of directions) of the said Schedule to that effect”;

(b)in paragraph (2)–

(i)after sub-paragraph (b)(i) insert “or”; and

(ii)in subparagraph (b) omit–

; or

(iii)in the case of a practitioner subject to a direction under paragraph 4(1) of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act, does not make a direction under paragraph (5) (termination of directions) of Schedule 1 to the 1997 Act; and

(c)in paragraph (3) omit “or primary care NHS trusts”.

(11) In regulation 26(2) (practitioner subject to inquiry in a fraud case) omit sub paragraph (a).

(12) In regulation 28 (publication of decisions of the Tribunal etc.)–

(a)after paragraph (c) insert “and”;

(b)omit paragraph (d); and

(c)omit–

;

(f)any imposition or removal of a disqualification made in accordance with the provisions of paragraph 6 (direction in Northern Ireland) of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act.

(13) In regulation 29(1)–

(a)in paragraph (a) for “,(e) or (f)” substitute “or (e)”; and

(b)after “list” insert “(other than a primary medical services performers list)”.

(14) Omit regulation 30 (publication of information about applications for preferential treatment).

(15) In Schedule 2 (forms for use in proceedings in connection with representations and applications)–

(a)in Form 1–

(i)in paragraph 1(a)–

(aa)for “[continued (5)]” substitute “continued”; and

(bb)for “undertake to provide or are approved to assist in providing” substitute “perform or undertake to provide”;

(ii)in note (1) to the Form for “doctor” substitute “medical practitioner”;

(iii)in note (3) to the Form–

(aa)for “medical” substitute “primary medical services performers”; and

(bb)for “, pharmaceutical or supplementary” substitute “ or pharmaceutical”; and

(iv)omit note (5) to the Form.

(b)in Form 2–

(i)in paragraph 1(a)(i)–

(aa)for “[continued(6)]” substitute “continued”; and

(bb)for “undertake to provide or are approved to assist in providing” substitute “perform or undertake to provide”;

(ii)in note (2) to the Form for “doctor” substitute “medical practitioner”;

(iii)in note (4) to the Form–

(aa)for “medical” substitute “primary medical services performers”; and

(bb)for “, pharmaceutical or supplementary” substitute “or pharmaceutical”; and

(iv)omit note (6) to the Form;

(c)in Form 3–

(i)in paragraph 1(a)–

(aa)for “[continued(6)]” substitute “continued”; and

(bb)for “undertake to provide or are approved to assist in providing” substitute “perform or undertake to provide”;

(ii)in note (2) to the Form for “doctor” substitute “medical practitioner”;

(iii)in note (3) to the Form–

(aa)for “medical” substitute “primary medical services performers”; and

(bb)for “, pharmaceutical or supplementary” substitute “or pharmaceutical”; and

(iv)omit note (6) to the Form;

(d)in Form 4–

(i)in note (2) to the Form for “doctor” substitute “medical practitioner”; and

(ii)in note (4) to the Form

(aa)for “medical” substitute “primary medical services performers”; and

(bb)for “, pharmaceutical or supplementary” substitute “ or pharmaceutical”; and

(e)in paragraph 1 of Form 5 and paragraph 1(a) of Form 6 omit “/paragraph 5 (termination of directions) of Schedule 1 (preferential treatment on transferring to medical lists) to the National Health Service (Primary Care) Act 1997”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

10th March 2004

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