Search Legislation

The General Medical Services and the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions Orders) (Scotland) Amendment Order 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This Scottish Statutory Instrument has been printed to correct errors in S.S.I. 2004/142 and S.S.I. 2004/163 and is being issued free of charge to all known recipients of those instruments.

Scottish Statutory Instruments

2004 No. 223

NATIONAL HEALTH SERVICE

The General Medical Services and the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions Orders) (Scotland) Amendment Order 2004

Made

18th May 2004

Laid before the Scottish Parliament

19th May 2004

Coming into force

14th June 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:

Citation and commencement

1.  This Order may be cited as the General Medical Services and the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions Orders) (Scotland) Amendment Order 2004 and shall come into force on 14th June 2004.

Amendment of the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004

2.—(1) The General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004(2) shall be amended as provided in this article.

(2) In article 3(3)(b) (entitlement to a GMS contract as an individual medical practitioner) and article 4(3)(b) (entitlement to a GMS contract as a partnership) for “person's” substitute “person” in each place where it occurs.

(3) In article 5(2)(a)(iii) (appeal against refusal of a contract under article 3 or 4) for “General Medical Services Transitional and Other Ancillary Provisions (Scotland) Order 2004” substitute “General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004”.

(4) In article 20(2)(a) (out of hours services in GMS contracts to patients of exempt contractors who have entered into a default contract) for “1992” substitute “1995”.

Amendment of the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Order 2004

3.—(1) The General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Order 2004(3) shall be amended as provided in this article.

(2) In article 2(3)(b)(ii) (application and interpretation of this Part) after “April” insert “2004”.

(3) In article 4(1) (acceptance of applications for inclusion in lists of patients) for “(3)” substitute “(2)”.

(4) In article 6(3)(a) (removal from the list of patients at the request of the relevant medical practitioner) for “9(3)” substitute “9(1)”.

(5) In article 17(1) (independent nurse prescribers and supplementary prescribers) for “29(c)” substitute “29C”.

(6) In article 18(2) (patient records) for “Primary Care Trust” substitute “Health Board”.

(7) In article 20(2) (refusal of approval of premises under paragraph 24 of Schedule 1 to the 1995 Regulations) for “paragraphs” substitute “paragraph”.

(8) In article 24(1) (arrangements with organisations providing deputy doctors) for “1997 Regulations” substitute “1995 Regulations”.

(9) In article 51(1) (interpretation of transitional agreements) after “shall” insert “be”.

(10) In article 52(f) (modification of the Implementation Directions for the purposes of transitional agreements) for “65” substitute “62”.

(11) In article 65(1) (approvals of out of hours arrangements under general medical services contracts and default contracts) for “67(2)” substitute “64(2)”.

(12) In article 70(2) (appeal against immediate withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts) for “5(1)(c)” substitute “5(1)(b)”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

18th May 2004

Explanatory Note

(This note is not part of the Order)

This Order amends the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004 (“the first transitional Order”) and the General Medical Services and section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Order 2004 (“the second transitional Order”). The first transitional Order set out transitional and ancillary provision for arrangements to cover the replacement of arrangements for general medical services under section 19 of the National Health Service (Scotland) Act 1978 with general medical services contracts under section 17J of that Act. The second transitional Order supplemented the first transitional Order and also made transitional and ancillary provision for the abolition of the power to make pilot schemes for personal medical services by section 3 of the Primary Medical Services (Scotland) Act 2004.

Article 2 amends drafting errors in the first transitional Order. In particular it–

(a)corrects a reference to a provision in the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”) in respect of which transitional provision is made (article 2(4)); and

(b)corrects minor drafting errors (article 2(2) and (3)).

Article 3 amends drafting errors in the second transitional Order. In particular it–

(a)clarifies the date from which services are to be provided under a general medical services contract entered into with a partnership, in order for a partner in that partnership to be a “relevant medical practitioner” for Part 2 of the second transitional Order (article 3(2));

(b)corrects incorrect cross-references to provisions of the second transitional Order (article 3(10) and (11));

(c)corrects references to certain provisions of the 1995 Regulations in respect of which transitional provision is made (article 3(3), (4), (5) and (8));

(d)corrects a reference to a Primary Care Trust having requested records relating to a patient under the 1995 Regulations to be a reference to a Health Board having done so (article 3(6));

(e)corrects a reference to a provision of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 relating to the withdrawal of approval by Health Boards of arrangements for the provision of out hours services (article 3(12)); and

(f)corrects minor drafting errors (article 3(7) and (9)).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources