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

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Refund of fees

43.—(1) Where, on the date on which a default contract ceases to have effect, a patient has paid a fee to the default contractor under the term of its default contract equivalent to regulation 24(3) of the 2004 Regulations but–

(a)the period in that term for applying for refund of the fee has not yet expired; or

(b)an application for refund of the fee has been made but not yet determined,

the fee shall be regarded as if it had been paid to the general medical services contractor under its general medical services contract and the term of the general medical services contract which gives effect to regulation 24(4) of the 2004 Regulations shall apply subject to the modifications specified in paragraph (2).

(2) The modifications referred to in paragraph (1) are that–

(a)references to the date on which the fee was paid shall be read as references to the date on which the fee was paid to the default contractor; and

(b)the reference to the general medical services contractor’s list of patients shall be read as a reference to the list of patients of the default contractor.

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