The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (“the principal Regulations”), which set out the framework for section 17C agreements for primary medical services under section 17C of the National Health Service (Scotland) Act 1978.

These Regulations:–

(a) correct the reference in the principal Regulations regarding the items that must be specified in a section 17C agreement where the agreement specifies that the provider’s list of patients is closed (regulation 2(3)(a));

(b) correct references to certain provisions in the principal Regulations that need not be included in an agreement to provide essential services, but which have effect in relation to the matters they deal with (regulation 2(3)(b));

(c) correct references to the provisions under which circumstances giving rise to a Health Board’s right to terminate an agreement must be notified to the Health Board (regulation 2(7)(c));

(d) correct and clarify the amendments or variations to an agreement that shall have effect without being in writing and signed by or on behalf of the Health Board and the provider (regulation 2(7)(g));

(e) correct references to provisions which allow a Health Board to terminate an agreement with a party to that agreement (regulation 2(7)(h));

(f) clarify that the primary medical services which must be provided by virtue of paragraph 1(7) of Schedule 2 of the principal Regulations are for the immediately necessary treatment of certain persons for certain periods (regulation 2(8)(a));

(g) amend the provisions in the principal Regulations as to when a provider under an agreement may, in certain circumstances, submit a further list closure notice following rejection of a list closure by an assessment panel (regulation 2(8)(d));

(h) clarify and correct references in the principal Regulations relating to the NHS dispute resolution procedure relating to determinations of an assessment panel (regulation 2(8)(e));

(i) clarify and correct provision in the principal Regulations as to certain notifications to be made to Health Boards by providers who have a list of patients (regulation 2(8)(f));

(j) correct errors in the form of closure notice specified in Schedule 5 to the principal Regulations (regulation 2(9));

(k) clarify that where certain services are not provided by a provider, the information as to which Health Board that is responsible for providing those services shall be included in a practice leaflet (regulation 2(10)(a));

(l) correct references in the principal Regulations as to information to be included in practice leaflets about action that may be taken where a patient is violent or abusive to certain persons (regulation 2(10)(b)); and

(m) correct other minor drafting errors in the principal Regulations (regulation 2(2),(4) to (6), (7)(a), (b), (d) to (f) and (i), (8)(b) and (c)).