The National Health Service (General Medical Services) (Scotland) Regulations 1995

Right of a doctor to have patient removed from his list

9.—(1) Subject to sub-paragraphs (2) to (5), a doctor may have the name of any person removed from his list by giving notice to the Board and the removal shall take effect on the date of acceptance of that person by, or assignment to, another doctor or on the eighth day after the Board receives such notice, whichever first occurs. If the doctor at the date when removal would take effect is providing treatment to the person (otherwise than at intervals of more than 7 days because of the chronic nature of the person’s illness), the doctor shall notify the Board accordingly, and removal shall take place on the eighth day after the Board receives notice from him that the person no longer requires such treatment or upon acceptance by, or assignment to, another doctor, whichever first occurs.

(2) Where—

(a) a person on a doctor’s list has committed an act of violence against the doctor or has behaved in such a way that the doctor has feared for his safety; and

(b) the doctor has reported the incident to the police or the Procurator Fiscal

the doctor may notify the Board that he wishes to have that person removed from his list with immediate effect.

(3) Notification under sub-paragraph (2) may be given by any means including telephone or fax, but if not given in writing shall subsequently be confirmed in writing within 7 days (and for this purpose a faxed notification is not a written one).

(4) The time at which the doctor notifies the Board shall be the time at which he makes the telephone call or sends or delivers the notification to the Board.

(5) Where pursuant to this paragraph a doctor has notified the Board that he wishes to have a person’s name removed from his list with immediate effect, he shall take all reasonable steps to inform the person concerned.