The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Application

   3. 3. Interpretation

3. PART 2 CONTRACTORS

   1. 4. Conditions: general

   2. 5. Conditions relating solely to medical practitioners

   3. 6. General conditions relating to all contracts

   4. 7. Further conditions relating to all contracts

   5. 8. Reasons

   6. 9. Appeal

   7. 10. Continuing conditions relating to contracts

   8. 11. Continuing conditions relating to contracts – sufficient involvement in patient care

4. PART 3 PRE-CONTRACT DISPUTE RESOLUTION

   1. 12. Pre-contract disputes

5. PART 4 HEALTH SERVICE BODY STATUS

   1. 13. Health service body status

6. PART 5 CONTRACTS: MANDATORY TERMS

   1. 14. Parties to the contract

   2. 15. NHS contracts

   3. 16. Contracts with a partnership

   4. 17. Duration

   5. 18. Essential services

   6. 19. Additional services

   7. 20. Opt outs of additional services

   8. 21. Services generally

   9. 22. Services generally

   10. 23. Services generally

   11. 24. Additional obligations in relation to practice premises

   12. 25. Certificates

   13. 26. Finance

   14. 27. Finance

   15. 28. Fees and charges

   16. 29. Arrangements on termination

   17. 30. Other contractual terms

   18. 31. Implied contract terms

7. PART 6 FUNCTIONS OF AREA MEDICAL COMMITTEE

   1. 32. Functions of area medical committee

8. PART 7 TRANSITIONAL PROVISIONS

   1. 33. Out of hours

9. PART 8 SUPPLEMENTARY

   1. 34. Revocations

   2. 35. Consequential amendments

10. Signature

11. 1. SCHEDULE 1

       ADDITIONAL SERVICES

       1. 1. Additional services generally

       2. 2. Cervical screening

       3. 3. Contraceptive services

       4. 4. Vaccinations and immunisations

       5. 5. Childhood vaccinations and immunisations

       6. 6. Child health surveillance

       7. 7. Maternity medical services

    2. SCHEDULE 2

       OPT OUTS OF ADDITIONAL SERVICES

       1. 1. Opt outs of additional services: general

       2. 2. Temporary opt outs and permanent opt outs following temporary opt outs

       3. 3. Permanent opt outs

       4. 4. Informing patients of opt-outs

    3. SCHEDULE 3

       MINIMUM STANDARDS FOR PRACTICE PREMISES

       1. 1. The contractor must ensure that it meets minimum standards for...

    4. SCHEDULE 4

       LIST OF PRESCRIBED MEDICAL CERTIFICATES

    5. SCHEDULE 5

       FEES AND CHARGES

       1. 1. The contractor may demand or accept a fee or other...

    6. SCHEDULE 6

       OTHER CONTRACTUAL TERMS

       1. PART 1 PROVISION OF SERVICES

          1. 1. Premises

          2. 2. Telephone services

          3. 3. Attendance at practice premises

          4. 4. Attendance outside practice premises

          5. 5. Newly registered patients

          6. 6. Clinical reports

          7. 7. Storage of vaccines

          8. 8. Infection control

          9. 9. Duty of co-operation in relation to additional and enhanced services

          10. 10. Duty of co-operation in relation to additional and enhanced services

       2. PART 2 PATIENTS

          1. 11. List of patients

          2. 12. Application for inclusion in a list of patients

          3. 13. Temporary residents

          4. 14. Refusal of application for inclusion in the list of patients or for acceptance as a temporary resident

          5. 15. Patient preference of practitioner

          6. 16. Removal from the list at the request of the patient

          7. 17. Removal from the list at the request of the contractor

          8. 18. Removal from the list of patients who are violent

          9. 19. Removals from the list of patients registered elsewhere

          10. 20. Removals from the list of patients who have moved

          11. 21. Removals from the list of patients who have moved

          12. 22. Removals from the list of patients absent from the United Kingdom etc.

          13. 23. Removals from the list of patients accepted elsewhere as temporary residents

          14. 24. Removals from the list of pupils etc. of a school

          15. 25. Termination of responsibility for patients not registered with the contractor

          16. 26. Closure of lists of patients

          17. 27. Approval of closure notice by the Health Board

          18. 28. Rejection of closure notice by the Health Board

          19. 29. Assignment of patients to lists: open lists

          20. 30. Assignment of patients to lists: closed lists

          21. 31. Factors relevant to assignments

          22. 32. Assignments to closed lists: determinations of the assessment panel

          23. 33. Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

          24. 34. Assignments to closed lists: assignments of patients by a Health Board

          25. 35. Assignments of patients to lists at request of contractor

          26. 36. Application for variation of a practice area

          27. 37. Rejection of a practice area variation request

       3. PART 3 PRESCRIBING AND DISPENSING

          1. 38. Prescribing

          2. 39. Prescribing

          3. 40. Restrictions on prescribing by medical practitioners

          4. 41. Restrictions on prescribing by supplementary prescribers

          5. 42. Interpretation of paragraphs 38 to 41

          6. 43. Excessive prescribing

          7. 44. Provision of dispensing services

          8. 45. Provision of drugs, medicines and appliances for immediate treatment or personal administration

       4. PART 4 PERSONS WHO PERFORM SERVICES

          1. 46. Qualifications of performers

          2. 47. Qualifications of performers

          3. 48. Qualifications of performers

          4. 49. Qualifications of performers

          5. 50. Conditions for employment and engagement

          6. 51. Conditions for employment and engagement

          7. 52. Conditions for employment and engagement

          8. 53. Conditions for employment and engagement

          9. 54. Training

          10. 55. Training

          11. 56. Terms and conditions

          12. 57. Arrangements for GP Registrars

          13. 58. Independent prescribers and supplementary prescribers

          14. 59. Signing of documents

          15. 60. Level of skill

          16. 61. Appraisal and assessment

          17. 62. Sub‑contracting of clinical matters

       5. PART 5 DATA PROTECTION, RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

          1. 63. Interpretation – general

          2. 64. Meaning of data controller etc.

          3. 65. Roles, responsibilities and obligations – general

          4. 66. Contractor’s obligations – records etc.

          5. 67. Health Board Obligations – records etc.

          6. 68. Records

          7. 69. Processing and access of data

          8. 70. Data protection officer

          9. 71. GP IT Services

          10. 72. Patient online appointment services

          11. 73. Confidentiality of personal data

          12. 74. Practice leaflet

          13. 75. Inquiries about prescriptions and referrals

          14. 76. Provision of information to a medical officer etc

          15. 77. Annual return and review

          16. 78. Notifications to the Health Board

          17. 79. Notifications to the Health Board

          18. 80. Notifications to the Health Board

          19. 81. Notice provisions specific to a contract with a company

          20. 82. Notice provisions specific to a contract with persons practising in partnership

          21. 83. Notice provisions specific to a contract with persons practising in a limited liability partnership

          22. 84. Notification of deaths

          23. 85. Notifications to patients following variation of the contract

          24. 86. Entry and inspection by the Health Board

       6. PART 6 COMPLAINTS

          1. 87. Complaints procedure

          2. 88. Co-operation with investigations

       7. PART 7 DISPUTE RESOLUTION

          1. 89. Local resolution of contract disputes: local dispute resolution process

          2. 90. Dispute resolution: non-NHS contracts

          3. 91. NHS dispute resolution procedure

          4. 92. Determination of dispute

          5. 93. Interpretation of Part 7

       8. PART 8 VARIATION AND TERMINATION OF CONTRACTS

          1. 94. Variation of a contract: general

          2. 95. Variation of a contract: execution

          3. 96. Termination by agreement

          4. 97. Termination on the death of an individual medical practitioner

          5. 98. Termination by the contractor

          6. 99. Late payment notices

          7. 100. Termination by the Health Board: general

          8. 101. Termination by the Health Board for breach of conditions in regulation 10

          9. 102. Termination by the Health Board for breach of conditions in relation to provision of information about compliance with regulations 5, 6, 7, 10 and 11

          10. 103. Other grounds for termination by the Health Board

          11. 104. Other grounds for termination by the Health Board

          12. 105. Termination by the Health Board for unlawful sub-contracting

          13. 106. Termination by the Health Board: remedial notices and breach notices

          14. 107. Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares

          15. 108. Contract sanctions

          16. 109. Contract sanctions and the dispute resolution procedure

          17. 110. Termination and the NHS dispute resolution procedure

          18. 111. Consultation with the area medical committee

          19. 112. Where the contractor changes from being an individual to a partnership

          20. 113. Where the contractor changes from being a partnership to an individual

       9. PART 9 MISCELLANEOUS

          1. 114. Clinical governance

          2. 115. Medical Indemnity Insurance

          3. 116. Public Liability Insurance

          4. 117. Gifts

          5. 118. Duty of candour

          6. 119. Compliance with legislation and guidance

          7. 120. Third party rights

       10. PART 10 QUALITY

           1. 121. Duty to participate in quality arrangements

           2. 122. Quality arrangements

    7. SCHEDULE 7

       CLOSURE NOTICE

    8. SCHEDULE 8

       INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

    9. SCHEDULE 9

       REVOCATIONS

    10. SCHEDULE 10

        CONSEQUENTIAL AMENDMENTS

        1. 1. The National Health Service (Scotland) (Injury Benefits) Regulations 1998

        2. 2. The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

        3. 3. The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004

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

        5. 5. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

        6. 6. The National Health Service Superannuation Scheme (Scotland) Regulations 2011

        7. 7. The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

        8. 8. The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

        9. 9. The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

        10. 10. National Health Service Pension Scheme (Scotland) Regulations 2015

12. Explanatory Note