Primary Medical Services (Scotland) Act 2004

National Health Service (Scotland) Act 1978 (c. 29)

1 (1) The 1978 Act is amended as follows.

(2) In section 15(1)(a) (supply of goods and services to local authorities etc.)—

(a) in sub-paragraph (i), for “general medical,” substitute “primary medical services under a general medical services contract or”,

(b) in sub-paragraph (ii), for “personal medical services” substitute “primary medical services”.

(3) In section 17D(2), after the definition of “section 28C arrangements” the word “and” is repealed.

(4) Sections 17EA (services lists in relation to section 17C arrangements etc. for personal medical services) and 17EB (application for inclusion in list) are repealed.

(5) Section 17F (right to choose medical practitioner in relation to primary medical services) is repealed.

(6) In section 17I (making available by Scottish Ministers of accommodation for use in connection with section 17C arrangements), for “personal medical services” substitute “primary medical services”.

(7) Sections 19 (arrangements etc. in relation to general medical services) to 23 (refusal of application: provision of services adequate) and 24A (liabilities and obligations in relation to deputies) to 24C (application for inclusion in supplementary list) are repealed.

(8) In section 28(1) (persons authorised to provide pharmaceutical services), for “general medical services” substitute “primary medical services under Part 1”.

(9) In section 28A(1) (remuneration for provision of Part II services), the words “general medical services,” are repealed.

(10) In section 28B(6) (Part II remuneration: supplementary), for “sections 19(3) and” substitute “section”.

(11) In section 28C(3) (indemnity cover)—

(a) in the definition of “list”, for “29” substitute “29(8)(b) to (e)”,

(b) in the definition of “Part II services”, the words “general medical services,” are repealed.

(12) In section 29A (NHS Tribunal: supplementary), subsection (3A) is repealed.

(13) In section 29B(2) (powers of NHS Tribunal)—

(a) in paragraph (a)—

(i) sub-paragraph (i) and the succeeding “and”, and

(ii) in sub-paragraph (ii), the words “in any other case,”

are repealed,

(b) in paragraph (b), for sub-paragraphs (i) and (ii) substitute “in all lists within the same paragraph of section 29(8) as that list.”

(14) In section 35 (sale of medical practices)—

(a) in subsection (1)—

(i) in paragraph (a) after “1972 or” insert “(prior to its repeal) section 19 of”,

(ii) in paragraph (b), at the end insert “(prior to the coming into force of section 2C)”,

(iii) after that paragraph insert “or

(c) provided or performed primary medical services in accordance with section 17C arrangements or arrangements under section 2C(2) or under a general medical services contract—

(i) in prescribed circumstances; or

(ii) if regulations so provide, in all circumstances,”,

(b) in subsection (2), in the definition of “relevant area”—

(i) after “by arrangement” insert “or contract”,

(ii) for paragraphs (a) and (b) substitute “provided or performed services as specified in subsection (1)”.

(15) Section 40(2) (vaccination and immunisation) is repealed.

(16) In section 85AA (means of meeting expenditure of Health Boards out of public funds), in subsection (4)—

(a) in paragraph (a)(ii), for “to (d)” substitute “or (c)”,

(b) paragraph (d) is repealed.

(17) In section 108 (interpretation)—

(a) after the definition of “functions”, insert—

““general medical services contract” has the meaning given in section 17J(2);”,

(b) the definitions of “medical list” and “personal medical services” are repealed,

(c) after the definition of “prescribed” insert—

““primary medical services” is to be construed in accordance with section 2C(5);”,

(d) the definitions of “services list” and “supplementary list” are repealed.