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The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2010

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Amendment of the 2004 Regulations

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9.  For regulation 8 (prescribed period under section 17L(6) of the Act), substitute—

Conditions relating to contracts entered into prior to 22nd December 2010

8.(1) In respect of contracts entered into prior to 22nd December 2010 the following conditions shall apply for the duration of the contract—

(a)contractors must comply with the conditions specified in section 17L of the Act, as in force at 21st December 2010;

(b)in the case of a contract entered into with a medical practitioner, that practitioner must be a general medical practitioner;

(c)in the case of a contract entered into with a partnership—

(i)at least one partner (who must not be a limited partner) must be a general medical practitioner; and

(ii)any other partner who is a medical practitioner must—

(aa)be a general medical practitioner, or

(bb)be employed, in Scotland, by a Health Board, in England and Wales, by a Primary Care trust, Local Health Board, NHS trust, a NHS Foundation trust, or, in Northern Ireland, by a Health and Social Care Trust;

(d)in the case of a contract entered into with a company limited by shares—

(i)at least one share in the company must be legally and beneficially owned by a general medical practitioner; and

(ii)any other share or shares in the company that are legally and beneficially owned by a medical practitioner must be so owned by—

(aa)a general medical practitioner, or

(bb)a medical practitioner who is employed, in Scotland, by a Health Board, in England and Wales, by a Primary Care Trust, Local Health Board, NHS trust, or a NHS foundation trust, or in Northern Ireland, by a Health and Social Care Trust.

(2) In paragraph 1(b), (c) and (d), “general medical practitioner” does not include a medical practitioner whose name is included in the General Practitioner Register by virtue of—

(a)article 4(3) of the 2010 Order (general practitioners eligible for entry in the General Practitioner Register) because of an exemption under regulation 5(1)(d) of one of the sets of Regulations specified in sub-paragraph (f);

(b)article 6(2) of the 2010 Order (persons with acquired rights) by virtue of being a restricted services principal (within the meaning of one or more of the sets of Regulations specified in sub-paragraph (g)) included in a list specified in that article; or

(c)article 6(6) of the 2010 Order.

(3) The regulations referred to in paragraph 2(a) are the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998, the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 and the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998.

(4) The regulations referred to in paragraph 2(b) are the National Health Service (General Medical Services) Regulations 1992, the National Health Service (General Medical Services) (Scotland) Regulations 1995 and the General Medical Services Regulations (Northern Ireland) 1997.

(5) The period prescribed for the purposes of section 17L(6) of the Act (eligibility to be contractor with general medical services contract) is six months..

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