The National Health Service (Fund-Holding Practices) (Scotland) Regulations 1997

Payments to members of the practice

19.—(1) The members of a fund-holding practice may apply the allotted sum for the purposes of paying a medical practitioner who is a member of the practice only–

(a) in accordance with an arrangement made in pursuance of paragraph (2);

(b) pursuant to regulation 21(8)(c)(ii); or

(c) pursuant to regulation 22(2)(d) or (e).

(2) Subject to paragraphs (3) and (4), the members of a fund-holding practice may enter into an arrangement with a medical practitioner who is a member of the practice for the provision by that medical practitioner of services referred to in regulation 18(2) to patients who are on the lists of patients of members of the practice.

(3) No arrangement under paragraph (2) may be made unless the members of the fund-holding practice have obtained the written consent of the relevant Health Board.

(4) The relevant Health Board shall not consent to an arrangement made under paragraph (2) unless it is satisfied that–

(a) the services to be provided are included in the list referred to in regulation 18(2);

(b) the medical practitioner with whom the arrangement is to be made to provide those services is suitably qualified, competent and experienced;

(c) the facilities, including premises, for the provision of those services pursuant to the arrangement are suitable;

(d) the payments which it is proposed shall be made in respect of the provision of those services are–

(i) reasonable,

(ii) represent value for money, and

(iii) to be made directly to the medical practitioner who provided the services or to the partnership of which he is a member but not to any third party.

(5) Where the members of a practice have obtained the consent of the relevant Health Board under paragraph (3) they shall give notice to that Board of any change in the matters specified in paragraph (4) upon which the consent was based.

(6) Where a relevant Health Board receives notice as mentioned in paragraph (5), it shall either confirm or withdraw the consent.