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

Regulation 3

SCHEDULE 1 CONDITIONS FOR OBTAINING RECOGNITION AS A FUND-HOLDING PRACTICE

1.  In the case of an application for recognition as a standard fund-holding practice on the date on which the application is made there will be a total of at least 4,000 patients on the lists of patients of members of the practice or in the opinion of the relevant Health Board it is likely that there will be a total of at least 4,000 patients on those lists during the period of twelve months commencing on that date.

2.  Where some or all of the members of the practice are practising in partnership, the application is made (whether or not with the other persons) by all the members practising in partnership.

3.  The members of the practice have shown themselves capable of managing their medical practices in general in an effective and efficient manner and that they possess, or have access to or are likely to possess or have access to, such equipment including computers and ancillary equipment and such expertise including appropriate staff resources as are necessary to assist them, and so are likely to be able to manage effectively and efficiently an allotted sum.

4.  Where the members of the practice are not partners in a single partnership, the members of the practice have entered into an agreement, approved by the relevant Health Board, which provides that any act of a member of the practice with respect to the allotted sum binds the other members of the practice, and also provides for the determination of how much of the allotted sum, including any savings, is to be allocated to each member of the practice.

Regulation 6

SCHEDULE 2 CONDITIONS FOR CONTINUING RECOGNITION AS A FUND-HOLDING PRACTICE

1.  In the case of a standard fund-holding practice there is a total of at least 4,000 patients on the lists of patients of the members of the practice or, although there is a total of less than 4,000 patients on those lists, in the opinion of the relevant Health Board, there is likely to be a total of at least 4,000 on those lists within the period of twelve months following the date on which it came to the notice of the relevant Health Board that the total number of patients on the lists of members of the practice was less than 4,000.

2.  Where the members of the practice are not partners in a single partnership there is in force an agreement such as is mentioned in paragraph 4 of Schedule 1.

3.  The allotted sum is applied in accordance with regulations 17 to 22.

4.  The members of a fund-holding practice are, and in the opinion of the Secretary of State will continue to be, capable of managing the allotted sum effectively and efficiently.

5.  Where the members of a fund-holding practice employ a person or purchase any services, they first satisfy themselves that the employee has such qualifications, training and experience as are necessary for that employment or, as the case may be, that the provider of the services is suitably competent to provide those services.

6.  The members of the practice maintain a bank account (“the fund-holding account”) for the purpose of receiving an allotted sum or any part of it.

7.  Except where liability to pay an allotted sum to the members of the fund-holding practice is discharged pursuant to section 87B(2)(b) of the Act, the members of the practice deal with the allotted sum or any part of it only through the fund-holding account.

8.  No sums are paid into the fund-holding account other than the allotted sum or any part of it.

9.  The members of the practice send to the relevant Health Board, before the end of each month, such information relating to the preceding month as the relevant Health Board may reasonably require in relation to the management of the allotted sum and in particular to–

(a) transactions effected through the fund-holding account;

(b) the amount standing in the fund-holding account at the end of the preceding month;

(c) whether any such amount includes an amount which may be applied for the purposes specified in regulation 22; and

(d) the referrals of patients of members of the practice for treatment to be provided other than by members of the practice and in particular the arrangements made for the purchase of goods and services specified in the list referred to in regulation 18(2).

10.  The members of the practice send to the relevant Health Board–

(a) before the beginning of each financial year, a practice plan outlining how the practice proposes to spend its allotted sum; and

(b) by 30th June in any year, an annual report summarising how its allotted sum has been spent in the most recent financial year.

11.  The members of the practice submit to the relevant Health Board not later than six weeks after the end of the financial year to which they relate, the accounts which the practice is required to keep under sub-section 86(1A)(a) of the Act.

12.  Except in the circumstances specified in sub-paragraph (1)(a), (d), (e), (h), (i), (j), (k), (l), (n), (o) and (p) of paragraph 36 (acceptance of fees) of Schedule 1 (terms of service for doctors) to the National Health Service (General Medical Services) (Scotland) Regulations 1995(1), the members of the practice do not demand or accept from any patient of a member of the practice a payment (including a payment in kind) in respect of any treatment–

(a) provided by a member of the practice; or

(b) which a member of the practice has arranged to be provided for the patient under the Act.

13.  The members of the fund-holding practice secure that the procedure to investigate complaints established and operated under paragraph 12A, and the requirement to co-operate with investigation of complaints by Health Boards under paragraph 12B, of Schedule 1 to the National Health Service (General Medical Services) (Scotland) Regulations 1995 apply in relation to complaints about their use of the allotted sum.

Regulation 24

SCHEDULE 3 REVOCATIONS

(1)	(2)
Regulations revoked	References
The National Health Service (Fund-Holding Practices) (Scotland) Regulations 1993	S.I. 1993/488
The National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1993	S.I. 1993/1369
The National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1995	S.I. 1995/1571
The National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1996	S.I. 1996/748

(1)

S.I. 1995/416.