The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

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

Part 2 of the Regulations prescribes the conditions which, in accordance with section 17D of the Act, must be satisfied by a medical practitioner, health care professional or any of the other persons listed in 17D(1)(b)(iii) to (ix), (d) or (e) of the Act for a Health Board to be able to make an agreement under section 17C under which primary medical services are provided.

Part 3 of the Regulations sets out the circumstances and the extent to which the provider under an agreement may be treated as a health service body.

Part 4 of the Regulations (and schedules 1 to 3) prescribe the categories of primary medical services that may be provided in accordance with section 17C arrangements, and make provision with respect to the provision of those services. The regulations require agreements which include the provision of any primary medical services to contain the terms in schedule 1, agreements which include the provision of essential services to include the terms in schedule 2, and agreements which include the provision of additional services to include terms set out in schedule 3.

Part 5 makes additional provision with respect to such agreements and their content, including provision as to the effect on an agreement of a change in the membership of a partnership that is party to it (regulation 17), provision for termination of the agreement (regulation 18), services generally (regulation 19), certificates (regulation 20), the terms applicable to agreements which provide for a payment in respect of premises costs (regulation 21), finance and payments for the provision of services to be made in accordance with the directions of the Scottish Ministers (regulation 22 and 23), fees and charges (regulation 24) and terms to be implied if omitted from the express terms of an agreement (regulation 25).

Part 6 sets out the functions of the Area Medical Committee in relation to the operation of section 17C agreements.

Part 7 of the Regulations makes provision requiring a Health Board in certain circumstances and subject to certain conditions, to enter into a general medical services contract with a person providing services under section 17C arrangements.

Part 8 of the Regulations makes transitional provision for persons continuing to provide out of hours services, notwithstanding the repeal of the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2004.

Schedule 1 sets out terms that must be contained in all section 17C agreements for primary medical services. These include terms relating to—

(a) the provision of services (Part 1);

(b) the right of patients to choose the persons from whom they are to receive primary medical services, and the circumstances in which providers may decline responsibility for patients not registered with them (Part 2);

(c) the prescribing and dispensing of drugs, medicines and appliances (Part 3);

(d) the conditions (including conditions as to qualifications and experience) to be satisfied by persons performing primary medical services in accordance with section 17C arrangements (Part 4);

(e) patient records, the provision of information and rights of entry (Part 5);

(f) complaints (Part 6);

(g) procedures for the determination of disputes where the provider is to be treated as a health service body, or where the provider elects (Part 7); and

(h) the variation and termination of section 17C arrangements by either the Health Board or another participant (Part 8);

(i) clinical governance, medical indemnity insurance, public liability, the requirement to keep a register of gifts, compliance by providers with legislation and guidance, third party rights and the duty of candour (Part 9); and

(j) quality arrangements (Part 10).

Schedule 2 sets out the terms that must be contained in all section 17C agreements which include the provision of essential services. These include terms relating to—

(a) the provision of essential services; and

(b) lists of patients, and the circumstances in which the provider must or may accept or may decline to accept a person as a patient and may terminate responsibility a patient.

Schedule 3 sets out the terms relating to the provision of additional services that must be included in all agreements for the provision of those services.

Schedule 4 sets out the minimum standards to which a practice premises must adhere, if the provider receives financial assistance with their premises costs.

Schedule 5 sets out the closure notice with which a provider may notify the Health Board that the provider wishes to close its list to new patients.

Schedule 6 sets out the information to be included in a provider’s practice leaflet.

Schedule 7 revokes provisions which are re-enacted or replaced by the making of these Regulations.

Schedule 8 makes amendments to existing legislation consequential to making of these Regulations and the revocation of the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2004.