The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

Application and interpretation of this Part

2.—(1) In this Part–

(a) articles 3 to 26 apply to a default contract, or a general medical services contract entered into on 1st April 2004, with–

(i) an individual medical practitioner who has entered into the general medical services contract pursuant to an entitlement under article 3 of the Transitional Order or the default contract pursuant to article 13 of that Order;

(ii) a partnership which has entered into the general medical services contract pursuant to an entitlement under article 4 of that Order or the default contract pursuant to an entitlement under article 13 of that Order; or

(iii) a company in which one or more of the legal and beneficial shareholders is, on 31st March 2004, providing services under section 19 of the 1978 Act;

(b) articles 27 and 28 apply to the contracts specified in sub-paragraph (a) and to a general medical services contract which takes effect immediately after a default contract with the same parties ceases to have effect; and

(c) article 29 applies to all general medical services contracts and default contracts entered into before 1st April 2005.

(2) Unless it is entered into with a person to whom the particular article does not apply, a general medical services contract or a default contract which falls within paragraph (1) shall include, or be deemed to include, terms which have the effect specified in articles 3 to 29.

(3) In this Part–

“relevant medical practitioner” means a medical practitioner who, on 31st March 2004, is providing services under section 19 of the 1978 Act and–

(a)

as an individual medical practitioner has entered into–

(i)

a default contract; or

(ii)

a general medical services contract under which services are to be provided from 1st April 2004;

(b)

is a partner in a partnership that has entered into–

(i)

a default contract; or

(ii)

a general medical services contract under which services are to be provided from 1st April; or

(c)

is a legal and beneficial shareholder in a company which has entered into a general medical services contract under which services are to be provided from 1st April 2004;

“succeeding contractor” means the default contractor which is a party to the default contract or the general medical services contractor which is a party to the general medical services contract which–

(a)

a relevant medical practitioner has entered into as an individual medical practitioner;

(b)

has been entered into by a partnership in which the relevant medical practitioner is a partner; or

(c)

has been entered into by a company in which a relevant medical practitioner is a legal and beneficial shareholder.