The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2010

Amendment of the 2004 Regulations

4.  For regulation 3 (general conditions relating to providers), substitute—

“General conditions relating to providers

3.— (1) A Health Board may only enter into an agreement if the conditions set out in this regulation and regulation 3A are met.

(2) It is a condition in the case of an agreement to be entered into—

(a) with a medical practitioner, that the medical practitioner;

(b) with a health care professional (other than a medical practitioner), that the health care professional;

(c) with a partnership, that any member of the partnership or the partnership;

(d) with a limited liability partnership, that any member of the limited liability partnership or the limited liability partnership; and

(e) with a company, that—

(i) the company,

(ii) any member of the company,

(iii) any director or secretary of the company,

must not fall within paragraph (3).

(3) A person falls within this paragraph if—

(a) the person has been disqualified or suspended by direction of the Tribunal made pursuant to section 32A(2) (applications for interim suspension) or 32B(1) (suspension pending appeal) of the Act, or under any provisions in force in England, Wales or Northern Ireland corresponding thereto;

(b) subject to paragraph (4), the person is disqualified or suspended (otherwise than by an interim suspension order or direction pending an investigation) from practising by any licensing body anywhere in the world;

(c) within the period of 5 years prior to the signing of the agreement or commencement of the agreement, whichever is the earlier, the person has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless—

(i) the person has subsequently been employed by that health service body or another health service body and, where the person has been employed as a member of a health care profession, any subsequent employment has also been as a member of that profession; or

(ii) that dismissal was the subject of a finding of unfair dismissal by any competently established tribunal or court;

(d) within the period of 5 years prior to signing the agreement or commencement of the agreement, whichever is the earlier, the person has been disqualified from a list unless the person’s name has subsequently been included in such a list;

(e) the person has been convicted in the United Kingdom of murder;

(f) the person has been convicted in the United Kingdom of a criminal offence, other than murder, and been sentenced to a term of imprisonment of over 6 months;

(g) subject to paragraph (5), the person has been convicted elsewhere of an offence which would if committed in Scotland, constitute—

(i) murder; or

(ii) a criminal offence other than murder, and been sentenced to a term of imprisonment of over 6 months;

(h) the person has been convicted of an offence referred to in Schedule 1 to the Criminal Procedure (Scotland) Act 1995(1) (offences against children under the age of 17 years to which special provisions apply) or Schedule 1 to the Children and Young Persons Act 1933(2) (offences against children and young persons with respect to which special provisions apply);

(i) the person has—

(i) had sequestration of the person’s estate awarded or been adjudged bankrupt unless (in either case) the person has been discharged or the bankruptcy order has been annulled;

(ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986(3) or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985(4) unless that order has ceased to have effect or has been annulled; or

(iii) made a composition or arrangement with, or granted a trust deed for, the person’s creditors unless the person has been discharged in respect of it;

(j) the person has an administrator, administrative receiver or receiver appointed in respect of the person;

(k) the person has been—

(i) removed under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)(5), from being concerned in the management or control of any body; or

(ii) removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission for England and Wales or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which the person was responsible or to which the person was privy, or which the person by that person’s conduct contributed to or facilitated;

(l) the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (6), the Companies (Northern Ireland) Order 1986(7) or to an order made under section 429(2)(b) of the Insolvency Act 1986(8) (failure to pay under county court administration order); or

(m) the person falls within regulation 5(2)(m) of the GMS Contracts Regulations.

(4) A person shall not fall within paragraph (3)(b) where the Health Board is satisfied that the disqualification or suspension from practising is imposed by a licensing body outside the United Kingdom and it does not make the person unsuitable to be—

(a) a party to the agreement;

(b) in the case where the person is a partner in a partnership that is a proposed party to the agreement, a partner in that partnership;

(c) in the case where the person is a member of a limited liability partnership that is a proposed party to the agreement, a member of that limited liability partnership;

(d) in the case where the person is—

(i) a member of a company that is a proposed party to the agreement, or

(ii) a director or secretary of a company that is a proposed party to the agreement,

a member of that company, or a director or secretary of that company (as the case may be).

(5) A person shall not fall within paragraph (3)(g) where the Health Board is satisfied that the conviction does not make the person unsuitable to be—

(a) a party to the agreement;

(b) in the case where the person is a partner in a partnership that is a proposed party to the agreement, a partner in that partnership;

(c) in the case where the person is a member of a limited liability partnership that is a proposed party to the agreement, a member of that limited liability partnership;

(d) in the case where the person is—

(i) a member of a company that is a proposed party to the agreement; or

(ii) a director or secretary of a company that is a proposed party to the agreement,

a member of that company, or a director or secretary of that company (as the case may be).

(6) In this regulation, “health service body” does not include any person who is to be treated as health service body in accordance with regulation 8 (Health Service Body   Status).”.

(1)

1995 c.46.

(2)

1933 c.12 as amended by the Domestic Violence, Crime and Victims Act 2004 (c.28), section 58, Schedule 10; the Sexual Offences Act 2003 (c.42), section 139, Schedule 6, paragraph 7; the Sexual Offences Act 1956 (c.69), section 48 and Schedule 3 and the Criminal Justice Act 1988 (c.33) (“the 1988 Act”), section 170, Schedule 15, paragraph 8 and Schedule 16; and as modified by the 1988 Act, section 170(1) Schedule 15, paragraph 9.

(3)

1986 c.45. Schedule 4A was inserted by section 257 of and Schedule 20 to the Enterprise Act 2002 (c.40).

(4)

1985 c.66. Sections 56A to 56K were inserted by section 2(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

(5)

2005 asp 10.

(6)

1986 c.46 as amended by the Insolvency Act 2000 (c.39).

(7)

S.I. 1986/1032 (N.I. 6).

(8)

1986 c.45 as amended by the Enterprise Act 2002 (c.40), section 269, Schedule 23, paragraph 15.