The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2007

Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

2.—(1) The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004(1) are amended as follows.

(2) In regulation 2 (interpretation)(2)–

(a) omit the definition of “the 2001 Regulations” and after the definition of “the 2003 Order” insert–

““the 2007 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2007(3);”;

(b) omit the definitions of–

(i) “first condition for disqualification”;

(ii) “second condition for disqualification”; and

(iii) “third condition for disqualification”;

(c) after the definition of “conditional disqualification” insert–

““condition for disqualification” means–

(i)

the first condition for disqualification set out in section 29(6) of the Act(4);

(ii)

the second condition for disqualification set out in section 29(7) of the Act; or

(iii)

the third condition for disqualification set out in section 29(7A) of the Act(5);”; and

(d) after the definition of “pharmacist” insert–

““the Postgraduate Medical Education and Training Board” means the body corporate established by article 3(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(6);

“post-registration programme” means a programme of post-registration supervised clinical practice;”.

(3) In regulation 3 (primary medical services performers)–

(a) in paragraph (1), for “(2) and (3)”, substitute “(2) to (3)”; and

(b) after paragraph (2) insert–

“(2A) A medical practitioner who falls within paragraph (2B) may perform primary medical services in the area of a Health Board, despite not being included in the primary medical services performers list of that Health Board, but only in so far as the performance of those services constitutes part of a post registration programme approved by the Postgraduate Medical Education and Training Board.

(2B) A medical practitioner falls within this paragraph if the medical practitioner–

(a) is not a GP Registrar;

(b) is undertaking a post registration programme;

(c) has notified the Health Board that he or she will be undertaking part or all of a post registration programme in its area at least 24 hours before commencing any part of that programme; and

(d) has, with that notification, provided the Health Board with evidence sufficient for it to satisfy itself that the medical practitioner is undergoing a post registration programme.”.

(4) In regulation 7(4) (decisions and grounds for refusal and deferral)(7) before “Act” insert “the”.

(5) In paragraph 3(f) of Schedule 1 (information, declarations, and undertakings to be included in an application for inclusion in a primary medical services performers' list)–

(a) omit “on a prescription form”; and

(b) for “2001”, at both places where it occurs, substitute “2007”.

(1)

S.S.I. 2004/114, as amended by S.S.I. 2004/216, 2005/333 and 2006/136.

(2)

Regulation 2 was amended by S.S.I. 2005/333 and 2006/136.

(3)

S.S.I. 2007/139.

(4)

Section 29 was substituted by the Health Act 1999 (c. 8), section 58(1). Subsection (6) was amended by the Community Care and Health (Scotland) Act 2002 (asp 5), schedule 2, paragraph 2(4), the Primary Medical Services (Scotland) Act 2004 (asp 1), section 5(3) and the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 26(1) and (2).

(5)

Subsection (7A) was inserted by the Smoking, Health and Social Care (Scotland) Act 2005, section 26(1) and (2).

(6)

S.I. 2003/1250.

(7)

Regulation 7(4) was amended by S.S.I. 2006/136.