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

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Transitional provisions in cases where preferential treatment on transferring to medical lists was given

93.—(1) This article applies to any case to which, on or before 31st March 2004, paragraph 1 of Schedule 1(preferential treatment on transferring to medical lists) to the 1997 Act(1) applies.

(2) If–

(a)a medical practitioner had made an application to a Health Board, pursuant to paragraph 1 of Schedule 1 to the 1997 Act, for the practitioner’s name to be included in the Health Board’s medical list; and

(b)the matter had not been determined on or before 31st March 2004,

article 87 shall apply.

(3) In a case where–

(a)paragraph (2) applies; and

(b)the Health Board adds that practitioner’s name to its primary medical services performers list,

that medical practitioner shall be treated as though that medical practitioner’s name had been included in the medical list of that Health Board on 31st March 2004.

(4) In any case where representations have been made to the Tribunal under paragraph 3 of Schedule 1 to the 1997 Act and have not been finally determined on or before 31st March 2004, the matter shall continue to be dealt with by the NHS Tribunal on and after 1st April 2004 as if they were representations under section 29 of the 1978 Act in relation to the primary medical services performers list in which that medical practitioner, but for those representations, would have been included.

(5) If the Tribunal determines not to make a disqualification on representations to which paragraph (4) applies, then–

(a)the medical practitioner’s name shall be included in the list of the Health Board to which the medical practitioner has applied; and

(b)the medical practitioner shall be treated as though the medical practitioner’s name had been included in the medical list of that Health Board on 31st March 2004.

(6) In a case where a medical practitioner is, on 31st March 2004, subject to a direction of the Tribunal under paragraph 4(1) of Schedule 1 to the 1997 Act, that direction shall continue to apply on and after 1st April 2004 as if–

(a)in relation to a direction under paragraph 4(1)(a) or (b)(ii) it were a local disqualification for inclusion in the Health Board’s lists within section 29(8)(a) of the 1978 Act; and

(b)in relation to a direction under paragraph 4(1)(b)(i) it were a national disqualification for inclusion in all lists within section 29(8)(a) of the 1978 Act.

(7) In a case where a medical practitioner has requested the Tribunal to hold an inquiry into whether or not to give a direction under paragraph 5 of Schedule 1 to the 1997 Act, and that inquiry has not been finally determined on or before 31st March 2004 that request for an inquiry, or inquiry shall be treated as though the request or inquiry was a request for a review or a review under section 30 of the 1978 Act of a disqualification.

(1)

Schedule 1 was amended by the Community Care and Health (Scotland) Act 2002 (asp 5), section 19, and is repealed from 1st April 2004 by the Primary Medical Services (Scotland) Act 2004 (asp 1), schedule, paragraph 2(9).

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