The General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004

Lists of patients for default contracts and GMS contracts

28.—(1) Subject to article 30(1), where a medical practitioner who, on 31st March 2004 is providing general medical services under section 19 of the 1978 Act–

(a) enters into–

(i) a default contract; or

(ii) a GMS contract pursuant to article 3;

(b) is a partner in a partnership which enters into–

(i) a default contract; or

(ii) a GMS contract pursuant to article 4; or

(c) is a legal and beneficial shareholder in a company which enters into a GMS contract under which services are to be provided from 1st April 2004,

the Health Board must include on the contractor’s list of patients for the purposes of that contract the persons specified in paragraph (2).

(2) The persons referred to in paragraph (1) are the patients who, on 31st March 2004–

(a) were recorded by the Health Board pursuant to regulation 27 of the 1995 Regulations as being on the list of–

(i) the contractor where the contractor is an individual medical practitioner;

(ii) any of the two or more medical practitioners who are partners in a partnership which has entered into the contract; or

(iii) any of the medical practitioners who are legal and beneficial shareholders in the company which has entered into the contract,

unless, in the case of a GMS contract, they live outside the practice area as specified in that contract and were not included on the medical practitioner’s list of patients by virtue of an assignment under regulation 4 of the Choice Regulations(1);

(b) had been assigned to the contractor or to any of the persons listed in paragraph (2)(a)(ii) or (iii) under regulation 4 of the Choice Regulations but not yet included in the list referred to in sub paragraph (a).

(1)

Regulation 4 was amended by S.S.I. 2001/ 85 and 191.