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The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Application

    3. 3.Interpretation

  3. PART 2

    1. 4.General conditions relating to providers

    2. 5.Further conditions relating to all agreements

    3. 6.Reasons

    4. 7.Appeal

    5. 8.Prescribed period under section 17D(3) of the Act

    6. 9.Pre-agreement dispute resolution

  4. PART 3

    1. 10.Health service body status

  5. PART 4

    1. 11.Provision of primary medical services

    2. 12.Primary medical services and content of agreements

    3. 13.Essential services and content of agreements

    4. 14.Additional services and content of agreements

  6. PART 5

    1. 15.Parties to the agreement

    2. 16.NHS contracts

    3. 17.Agreements with one or more partnerships

    4. 18.Arrangements on termination

    5. 19.Services generally

    6. 20.Certificates

    7. 21.Additional obligations in relation to practice premises

    8. 22.Finance

    9. 23.Finance

    10. 24.Fees and charges

    11. 25.Implied agreement terms

  7. PART 6

    1. 26.Functions of area medical committee

  8. PART 7

    1. 27.Right to a general medical services contract

  9. PART 8

    1. 28.Out of Hours

    2. 29.Revocations

    3. 30.Consequential amendments

  10. Signature

    1. SCHEDULE 1

      CONTENT OF AGREEMENTS

      1. PART 1 PROVISION OF SERVICES

        1. 1.Premises

        2. 2.Telephone services

        3. 3.Attendance outside practice premises

        4. 4.Clinical reports

        5. 5.Storage of vaccines

        6. 6.Infection control

        7. 7.Duty of co-operation in relation to primary medical services

        8. 8.Duty of co-operation in relation to primary medical services

      2. PART 2 PATIENTS

        1. 9.Patient preference of practitioner

        2. 10.Termination of responsibility for patients not registered with the provider

      3. PART 3 PRESCRIBING AND DISPENSING

        1. 11.Prescribing

        2. 12.Prescribing

        3. 13.Restrictions on prescribing by medical practitioners

        4. 14.Restrictions on prescribing by supplementary prescribers

        5. 15.Excessive prescribing

        6. 16.Provision of dispensing services

        7. 17.Provision of drugs, medicines and appliances for immediate treatment or personal administration

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 18.Qualifications of performers

        2. 19.Qualifications of performers

        3. 20.Qualifications of performers

        4. 21.Qualifications of performers

        5. 22.Conditions for employment and engagement

        6. 23.Conditions for employment and engagement

        7. 24.Conditions for employment and engagement

        8. 25.Conditions for employment and engagement

        9. 26.Training

        10. 27.Training

        11. 28.Arrangements for GP registrars

        12. 29.Independent prescribers and supplementary prescribers

        13. 30.Signing of documents

        14. 31.Level of skill

        15. 32.Appraisal and assessment

        16. 33.Sub-contracting of clinical matters

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

        1. 34.Interpretation

        2. 35.Provider and Health Board Obligations

        3. 36.Records

        4. 37.Processing and access of data

        5. 38.Confidentiality of personal data

        6. 39.GP IT Services

        7. 40.Patient online appointment services

        8. 41.Practice leaflet

        9. 42.Inquiries about prescriptions and referrals

        10. 43.Provision of information to a medical officer etc

        11. 44.Annual return and review

        12. 45.Notifications to the Health Board

        13. 46.Notifications to the Health Board

        14. 47.Notice provisions specific to agreements with one or more companies limited by shares

        15. 48.Notice provisions specific to an agreement with one or more companies

        16. 49.Notice provisions specific to an agreement with one or more partnerships

        17. 50.Notice provisions specific to an agreement with persons practising with one or more limited liability partnership

        18. 51.Notification of deaths

        19. 52.Notifications to patients following variation of the agreement

        20. 53.Entry and inspection by the Health Board

      6. PART 6 COMPLAINTS

        1. 54.Complaints procedure

        2. 55.Co-operation with investigations

      7. PART 7 DISPUTE RESOLUTION

        1. 56.Local resolution of contract disputes – Local Dispute Resolution Process

        2. 57.Dispute resolution: non-NHS agreements

        3. 58.NHS dispute resolution procedure

        4. 59.Determination of dispute

        5. 60.Interpretation of Part 7

      8. PART 8 VARIATION AND TERMINATION OF AGREEMENTS

        1. 61.Variation of an agreement: general

        2. 62.Variation of an agreement: execution

        3. 63.Termination by agreement

        4. 64.Termination by the provider

        5. 65.Withdrawal by parties to an agreement other than Health Boards

        6. 66.Late payment notices

        7. 67.Termination by the Health Board: general

        8. 68.Other grounds for termination by the Health Board

        9. 69.Other grounds for termination by the Health Board for agreements entered into on or after 22nd December 2010

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

        11. 71.Termination by the Health Board for unlawful sub contracting

        12. 72.Termination by the Health Board: remedial notices and breach notices

        13. 73.Termination by the Health Board: additional provisions specific to agreements with one or more companies limited by shares

        14. 74.Termination by the Health Board: changes in the provider

        15. 75.Agreement sanctions

        16. 76.Agreement sanctions and the dispute resolution procedure

        17. 77.Termination and the NHS dispute resolution procedure

        18. 78.Consultation with the area medical committee

      9. PART 9 MISCELLANEOUS

        1. 79.Clinical governance

        2. 80.Medical Indemnity Insurance

        3. 81.Public Liability Insurance

        4. 82.Gifts

        5. 83.Compliance with legislation and guidance

        6. 84.Third party rights

        7. 85.Duty of candour

      10. PART 10 QUALITY

        1. 86.Duty to participate in quality arrangements

        2. 87.Quality arrangements

    2. SCHEDULE 2

      AGREEMENTS TO PROVIDE ESSENTIAL SERVICES

      1. PART 1 PROVISION OF ESSENTIAL SERVICES

        1. 1.Essential services

        2. 2.Essential services

        3. 3.Attendance at practice premises

        4. 4.Newly registered patients

        5. 5.Fees and charges for essential services

      2. PART 2 LIST OF PATIENTS

        1. 6.List of patients

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

        3. 8.Temporary residents

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

        5. 10.Removal from the list at the request of the patient

        6. 11.Removal from the list at the request of the provider

        7. 12.Removal from the list of patients who are violent

        8. 13.Removals from the list of patients registered elsewhere

        9. 14.Removals from list of patients who have moved

        10. 15.Removals from list of patients who have moved

        11. 16.Removals from the list of patients absent from the United Kingdom etc

        12. 17.Removals from the list of patients accepted elsewhere as temporary residents

        13. 18.Removals from the list of pupils etc. of a school

        14. 19.Closure of lists of patients

        15. 20.Approval of closure notice by the Health Board

        16. 21.Rejection of closure notice by the Health Board

        17. 22.Assignment of patients to lists: open lists

        18. 23.Assignment of patients to lists: closed lists

        19. 24.Factors relevant to assignments

        20. 25.Assignments to closed lists: determination of the assessment panel

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

        22. 27.Assignments of patients to lists at request of provider

        23. 28.Application for variation of a practice area

        24. 29.Rejection of a practice area variation request

        25. 30.Assignments to closed lists: assignments of patients by a Health Board

      3. PART 3 NOTICES

        1. 31.Notifications to the Health Board

    3. SCHEDULE 3

      AGREEMENTS TO PROVIDE 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

    4. SCHEDULE 4

      MINIMUM STANDARDS FOR PRACTICE PREMISES

    5. SCHEDULE 5

      CLOSURE NOTICE

    6. SCHEDULE 6

      INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

    7. SCHEDULE 7

      REVOCATIONS

    8. SCHEDULE 8

      CONSEQUENTIAL AMENDMENTS

      1. 1.The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

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

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

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

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

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

  11. Explanatory Note

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