The National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 1998

Transfer of doctors between provision of general medical services and performance of personal medical services

8.—(1) Where a person has chosen a doctor from whom he is to receive general medical services and–

(a) his name is included in the list of that doctor; or

(b) he has been accepted for inclusion of his name in such a list,

he shall, subject to regulation 3(1) and his right to withdraw from the list of a doctor under regulation 25(1) of the GMS Regulations, continue to be included in the list of his chosen doctor notwithstanding that the doctor ceases to provide general medical services, if the doctor–

(i) immediately starts to perform personal medical services in connection with a pilot scheme agreement and one of the parties to that agreement is a Health Board which previously made arrangements with the doctor for the provision of general medical services; and

(ii) is primarily responsible for the performance of personal medical services under that agreement.

(2) Where a person has chosen a doctor from whom he is to receive personal medical services and–

(a) his name is included in the list of that doctor; or

(b) he has been accepted for inclusion of his name in that list,

he shall, subject to regulation 3(1) and his right to withdraw from the list of a doctor under paragraph 7 of the Directions to Health Boards Concerning Patient Lists (Personal Medical Services) made under section 6(1) of the 1997 Act, continue to be included in the list of his chosen doctor notwithstanding that the doctor ceases to perform personal medical services, if the doctor immediately starts to provide general medical services by virtue of an arrangement made with him by the Health Board which was a party to the pilot scheme agreement in connection with which he previously performed personal medical services.