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The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004

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Scottish Statutory Instruments

2004 No. 167

NATIONAL HEALTH SERVICE

The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004

Made

30th March 2004

Coming into force

1st April 2004

The Scottish Ministers, in exercise of the powers conferred by section 7(1) and (2) of the Primary Medical Services (Scotland) Act 2004(1), and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 7(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1.  This Order may be cited as the Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 and shall come into force on 1st April 2004.

Modifications of enactments

2.  The modifications of the enactments listed in the Schedule to this Order shall have effect.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

30th March 2004

Article 2

SCHEDULEMODIFICATION OF ENACTMENTS

National Health Service (Scotland) Act 1978 (c. 29)

1.—(1) The National Health Service (Scotland) Act 1978 is amended as follows–

(a)In section 29(6) (the NHS tribunal)(2) omit “, are approved to assist in providing or are approved to perform”.

(b)In section 29C(5) (conditional disqualification etc)(3) after paragraph (a) insert–

(aa)vary any requirements to which the person subject to the inquiry is subject under or by virtue of section 17P;.

(2) In section 31 (disqualification provisions in England or Wales or Northern Ireland)(4)–

(a)in subsection (1)(a), after “persons” insert “performing,”; and

(b)in subsection (2)–

(i)omit “, assistance in provision” where those words appear for the second time, and

(ii)after “Part,” insert “Part 1 of this Act,”.

(3) In section 32A (applications for interim suspension)(5)–

(a)in subsection (2A)(a) after “with” insert “primary medical services or”.

(b)in subsection (6)(a)–

(i)after “persons” insert “performing or”, and

(ii)omit “, approved to assist in providing or approved to perform”.

(4) In section 32D (suspension provisions in England, Wales or in Northern Ireland)(6)–

(a)in subsection (1), after “persons” insert “performing,”; and

(b)in subsection (2)(a)–

(i)after “persons” insert “performing or; and

(ii)omit “, approved to assist in providing or approved to perform”.

Health and Medicines Act 1988 (c. 49)

2.  In section 17 (arrangements for provision of general medical services and other services)(7) of the Health and Medicines Act 1988–

(a)in subsection (1)–

(i)substitute “17P” for “19”, and

(ii)at the end of paragraph (a) insert “or, in relation to section 17P of the National Health Service (Scotland) Act 1978, primary medical services”; and

(b)in subsection (2)(a)(ii) at the end insert “or in relation to section 17P of the National Health Service (Scotland) Act 1978, with any requirements placed on him by regulations made under that section”.

Access to Health Records Act 1990 (c. 23)

3.—(1) The Access to Health Records Act 1990 is amended as follows–

(2) In section 1(2) (“Health record” and related expressions)(8), for paragraph (a) substitute–

(a)in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Health Board, the person who entered into the contract with the Board;

(aa)in the case of a record made by a health professional performing such services in accordance with arrangements under section 17C of the National Health Service (Scotland) Act 1978 with a Health Board, the person who made the arrangements with the Board;.

(3) In section 1(2)(b), after “by a health service body” insert “(and not falling within paragraph (aa) above)”.

(4) In section 7 (duty of health service bodies etc. to take advice)(9)–

(a)in subsection (2), omit the words from “(other” to “section 1(2)(a) above)”; and

(b)omit subsection (3).

(5) In section 11(interpretation)(10)–

(a)in the appropriate place, insert–

“general medical services contract” means a contract under section 17J of the National Health Service (Scotland) Act 1978; and

(b)omit the definition of “general practitioner”.

Police Act 1997 (c. 50)

4.  In section 115 (enhanced criminal record certificates)(11) of the Police Act 1997–

(a)omit paragraph (a) of subsection (6C); and

(b)in subsection (6E), for the words from “of” to the end of paragraph (b) substitute “of section 17P of the National Health Service (Scotland) Act 1978 (persons performing primary medical services)”.

Health Act 1999 (c. 8)

5.  In the Health Act 1999–

(a)omit subsection (2) of section 56 (indemnity cover for Part II services); and

(b)omit paragraph 48 of Schedule 4 (amendments of enactments).

Community Care and Health (Scotland) Act 2002 (asp 5)

6.  In the Community Care and Health (Scotland) Act 2002–

(a)omit section 19 (representations against preferential treatment); and

(b)in paragraph 2 of Schedule 2 (minor and consequential amendments and repeals), omit sub paragraphs (4)(a) and (b)(i) and (ii), (5)(b), (6)(a) and (b) and (9)(c).

Public Appointments and Public Bodies etc (Scotland) Act 2003 (asp 4)

7.  In paragraph 5 of schedule 4 (miscellaneous provision) to the Public Appointments and Public bodies etc (Scotland) Act 2003, omit sub–paragraphs (4), (5), (6), (7), (8) and (9).

Explanatory Note

(This note is not part of the Order)

This Order makes modification to enactments. These modifications are consequential and supplemental to the Primary Medical Services (Scotland) Act 2004.

Article 1 of the Order makes it clear the modifications will have effect from 1st April 2004.

The modifications are set out in the Schedule to the Order, which Schedule has effect in accordance with article 2 of the Order.

(2)

Section 29 was substituted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 58(1); section 29(6) was amended by the Community Care and Health (Scotland) Act 2002 asp 5 (“the 2002 Act”), Schedule 2 paragraph 2(4)(a) and the Primary Medical Services (Scotland) Act 2004 asp 1, section 5(3)(a).

(3)

Section 29C was inserted by the 1999 Act, section 58(1).

(4)

Relevant amendments to section 31 were made by the 1999 Act, Schedule 4, paragraph 49, and the 2002 Act, Schedule 2, paragraph 2(8).

(5)

Section 32A was inserted by the National Health Service (Amendment) Act 1995 (c. 31) (“the 1995 Act”), section 8; section 32(2A) was inserted by the 1999 Act, Schedule 4, paragraph 51(c) and amended by the 2002 Act, Schedule 2, paragraph 2(9)(a); and section 32A(6) was amended by the 1999 Act, Schedule 4, paragraph 51(g) and the 2002 Act, Schedule 2, paragraph 2(9)(c).

(6)

Section 32D was inserted by the 1995 Act, section 8 and amended by the 1999 Act, Schedule 4, paragraph 53 and by the 2002 Act Schedule 2, paragraph 2(11).

(7)

Relevant amendments to section 17(1) were made by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 11, paragraph 55.

(8)

Relevant amendments to section 1(2) were made by the National Health Service (Primary Care) Act 1997(c. 46)(“the 1997 Act”), Schedule 2, paragraph 66(2).

(9)

Relevant amendments to section 7 were made by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 119(3)(b) and (c).

(10)

Relevant amendments to section 11 were made by the 1997 Act, Schedule 2, paragraph 66(3).

(11)

Subsections (6C) to (6H) were inserted by the Criminal Justice (Scotland) Act 2003 asp 7, section 70(3)(c).

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