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

Continuing conditions relating to contracts

10.—(1) The following conditions apply for the duration of the contract—

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

(b) in the case of a contract entered into prior to 22nd December 2010 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 Local Health Board, NHS trust, NHS foundation trust or, in Northern Ireland, by a Health and Social Care trust; and

(iii) all the other partners must be individuals;

(c) in the case of a contract entered into on or after 22nd December 2010 with a partnership—

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

(ii) all the other members must be individuals;

(d) in the case of a contract entered into with a limited liability partnership—

(i) at least one partner must be a general medical practitioner; and

(ii) all the other members must be individuals;

(e) in the case of a contract entered into prior to 22nd December 2010 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 Local Health Board, NHS trust, NHS foundation trust or in Northern Ireland, by a Health and Social Care trust;

(f) in the case of a contract entered into on or after 22nd December 2010 with a company—

(i) at least one member of the company must be a general medical practitioner; and

(ii) all the other members must be individuals.

(2) Regulation 5(5) applies to the meaning of “general medical practitioner” in paragraph (1)(a), (b), (c), (d), (e) and (f) as it applies to the meaning of “general medical practitioner” in regulation 5(1), (2)(a), (3)(a) and (4)(a).