The National Health Service (General Medical Services) (Scotland) Amendment (No.2) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Service) (Scotland) Regulations 1995 (“the 1995 Regulations”) which regulate the terms on which general medical services are provided under the National Health Service (Scotland) Act 1978.

Part II of these Regulations makes amendments which are consequential upon the coming into force on 1st April 1998 of certain provisions of the National Health Service (Primary Care) Act 1997 and of regulations made under those provisions (see National Health Service (Primary Care) Act Commencement (No.4) Order 1998 (S.I. 1998/631)).

Part III of these Regulations makes other amendments to the 1995 Regulations. Regulation 7 substitutes a new definition of “medical offic” in regulation 2 of the 1995 Regulations, so as to include doctors not directly employed by the Department of Social Security. Regulation 8(b) substitutes a new paragraph 34 in the doctors' terms of service. The new paragraph 34 permits the information to which it refers to be sought not only by a medical officer but also by an officer of the Department of Social Security on behalf and at the direction of a medical officer; and makes it a requirement that the doctor must be satisfied that the patient consents before he provides that information. For that purpose it allows the doctor, unless he has reason to believe his patient does not consent, to rely on a written assurance from the medical officer, or an officer of the Department of Social Security, that he holds the patient’s written consent.