1.—(1) These Regulations may be cited as the National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2000 and shall come into force on 6th July 2000.
(2) In these Regulations, “the principal Regulations” means the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 1998(1).
2.—(1) Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.
(2) In paragraph (2)(a)–
(a)in the definition of “doctor’s list” after the words “Health Board” there is inserted “or primary care NHS trust”;
(b)after the definition of “pooled list” there is inserted–
““primary care NHS trust” means an NHS trust to which certain functions referred to in section 12AA of the 1978 Act are delegated by the Health Board;”(2).
3.—(1) Regulation 3 of the principal Regulations (change of doctor) is amended as follows.
(2) In paragraphs (2), (3) and (4) after the words “Health Board” in the each place where they occur there is inserted “or primary care NHS trust”.
4.—(1) Regulation 4 of the principal Regulations (assignment of persons to doctors) is amended as follows.
(2) In paragraphs (1), (2), (5), (7), (8) and (9) after the words “Health Board” in each place where they occur there is inserted “or primary care NHS trust”.
(3) In paragraph (3)–
(a)after the words “Health Board” in the first place where they occur there is inserted “or primary care NHS trust”;
(b)in sub paragraph (b) after the words “Health Board” there is inserted “or primary care NHS trust” and at the end the word “and” is deleted;
(c)after sub paragraph (b) there is inserted–
“(bb)whether the person’s name has been removed from the doctor’s list of any doctor at the request of that doctor or, as the case may be, a pilot scheme provider because–
(i)he has committed an act of violence against the doctor or has behaved in such a way that the doctor has feared for his safety; and
(ii)the doctor has reported the incident to the police or the Procurator Fiscal;
and, if so, which doctor or as the case may be, which pilot scheme provider, has the most appropriate facilities to deal with such a patient; and”; and
(d)in sub-paragraph (c) after the words “Health Board” there is inserted “or primary care NHS trust”.
5.—(1) Regulation 5 of the principal Regulations (assignment by a pilot scheme provider) is amended as follows.
(2) In paragraphs (1) and (6) after the words “Health Board” in both places where they occur there is inserted “or primary care NHS trust”.
(3) At the end of paragraph (2)(b), the word “and” is deleted;
(4) After paragraph (2)(b), there is inserted–
“(bb)whether the person’s name has been removed from the doctor’s list of any doctor at the request of that doctor or, as the case may be, a pilot scheme provider because–
(i)he has committed an act of violence against the doctor or has behaved in such a way that the doctor has feared for his safety; and
(ii)the doctor has reported the incident to the police or the Procurator Fiscal;
and, if so, which doctor has the most appropriate facilities to deal with such a patient; and”.
6.—(1) Regulation 6 of the principal Regulations (representations against assignment or a requirement to assign) is amended as follows.
(2) After the words “Health Board” in each place where they occur there is inserted “or primary care NHS trust”.
7.—(1) Regulation 8 of the principal Regulations (transfer of doctors between provision of general medical services and performance of personal medical services) is amended as follows.
(2) After the words “Health Board” in each place where they occur there is inserted “or primary care NHS trust”.
SUSAN C DEACON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
14th June 2000