The National Health Service (Fund-holding Practices) (Scotland) Amendment Regulations 1998

PART III OTHER AMENDMENTS

Amendment of regulation 8 of the principal Regulations

9.  In regulation 8 of the principal Regulations (withdrawal or death of a member of a fund-holding practice) sub-paragraph (a) of paragraph (3) is omitted.

Amendment of regulation 9 of the principal Regulations

10.  In regulation 9 of the principal Regulations (application for change in status of recognised fund-holding practice) for paragraph (1) substitute–

“(1) A standard fund-holding practice may apply to become a primary care purchasing practice.”.

Amendment of regulation 10 of the principal Regulations

11.  In regulation 10 of the principal Regulations (renunciation of recognition) in paragraph (2) sub-paragraphs (c) and (d) are omitted.

Amendment of regulation 11 of the principal Regulations

12.  In regulation 11 of the principal Regulations (consequences of renunciation of recognition) in paragraph (1) for the words “31st March” substitute “the date”.

Amendment of regulation 16 of the principal Regulations

13.  In regulation 16 of the principal Regulations (consequences of removal) for paragraph (1)(c) substitute–

“(c) subject to paragraph (2), the fund-holding account shall be treated as if it had been closed on the previous 31st March.”.

Amendment of regulation 22 of the principal Regulations

14.  For paragraph (3) of regulation 22 of the principal Regulations (savings from the allotted sum) substitute–

“(3) The Health Board shall consent to the application in any financial year of accumulated savings from the allotted sum for any of the purposes specified in paragraph (2)(a) to (e) if it is satisfied–

(a) that the proposed expenditure would be for the benefit of the patients of the members of the practice and would represent value for money; and

(b) that the financial position of the members of the practice in relation to the allotted sum is such that, if the proposed expenditure were incurred, the savings then left to them would not be less than the total amount of any overspends which it is reasonable to predict for the relevant financial years.

(3A) In paragraph (3)–

“overspend” means any amount by which the liabilities incurred by the members of a fund-holding practice in any financial year other than for purposes for which Health Board consent is required under this regulation exceed the proposed allotted sum for that practice for that financial year; and

“relevant financial years” means–

(a)

the financial year in which Health Board consent to the proposed expenditure is sought; and

(b)

where the accounts for the previous financial year have not yet been audited as mentioned in paragraph (2), that financial year.”.

Further amendment of Schedule 1 to the principal Regulations

15.  In Schedule 1 to the principal Regulations (conditions for obtaining recognition as a fund-holding practice) in paragraph 3 for the words from “and that they possess” to the end substitute the words “and have agreed to undertake a period of preparation for fund-holding status for a minimum of 12 months”.