The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

3.  An application shall include the following undertakings:– S

(a) that the performer will participate in appropriate and relevant NHS appraisal procedures;

(b) that the performer will notify the Health Board in writing within 7 days of its occurrence if the performer–

(i) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Scotland, would constitute a criminal offence

(ii) is convicted of a criminal offence in the United Kingdom;

(iii) is convicted F1 ... elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(iv) has, in summary proceedings, in respect of an offence, been the subject of an order discharging the performer absolutely (without proceeding to conviction);

(v) has accepted and agreed to pay either a [F2 fixed penalty] under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

(vi) has accepted a police caution in the United Kingdom;

(vii) is bound over following a criminal conviction in the United Kingdom;

(viii) becomes the subject of any investigation into the performer’s professional conduct by any licensing, regulatory or other body;

(ix) is informed by any licensing, regulatory or other body of the outcome of any investigation into the performer’s professional conduct, and there is a finding against the performer;

(x) becomes, to the performer’s knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

(xi) becomes the subject of any investigation or proceedings by another Health Board or equivalent body, which might result in the performer being disqualified, conditionally disqualified, removed or suspended from a list, or equivalent list;

(xii) is disqualified, conditionally disqualified, removed or suspended from or refused admission to any list or equivalent list;

(xiii) is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation, a director or one of the persons with control of a body corporate and that body corporate–

(aa) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Scotland, would constitute a criminal offence;

(bb) is convicted of a criminal offence in the United Kingdom;

(cc) is convicted elsewhere of an offence which, if committed in Scotland, would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body;

(ee) is informed by any licensing, regulatory or other body of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

(ff) becomes, to the performer’s knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

(c) if the performer is a provider of primary medical services–

(i) under a general medical services contract, to comply with the requirements of [F3 paragraph 117 (gifts) of schedule 6 of] the General Medical Services Contracts Regulations;

(ii) under a section 17C agreement, to comply with requirements of [F4 paragraph 82 of schedule 1] to the Section 17C Agreements Regulations;

(d) if the performer is not a provider of primary medical services but performs primary medical services in accordance with a–

(i) general medical services contract, to comply with the requirements of [F5 paragraph 117 (gifts) of schedule 6 of] the General Medical Services Contracts Regulations; or

(ii) section 17C arrangement, to comply with the requirements of [F6 paragraph 82 of schedule 1] to the Section 17C Agreements Regulations,

as though the performer were a provider of primary medical services;

(e) that the performer shall not prescribe drugs, medicines or appliances whose cost or quantity, in relation to any patient, is, by reason of the character of the drug, medicine or appliance in question in excess of that which is reasonably necessary for the proper treatment of that patient;

F7 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) if the performer is a provider of primary medical services, that the performer shall claim for a payment under the arrangement, agreement or contract by which the performer provides primary medical services only in accordance with the terms of that arrangement, agreement or contract;

(h) if the performer is not a provider of primary medical services, that the performer shall–

(i) assist a provider of primary medical services in a claim for a payment under the arrangement, agreement or contract by which that provider provides primary medical services only where that claim is in accordance with the terms of that arrangement, agreement or contract; and

(ii) claim a payment from a provider of primary medical services only in accordance with the terms of the performers employment or engagement by that provider;

(i) if the performer is a GP Registrar, unless the performer has an acquired right under [F8 article 6(6) of the Postgraduate Medical Education and Training Order of Council 2010] that the performer will–

(i) not perform primary medical services except when acting for, and under the supervision of, the performer’s GP Trainer;

(ii) withdraw from the primary medical services performers list if any of the events in paragraph 4 takes place;

F9 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) F10 ... provide the Health Board with evidence of the performer’s inclusion in the GP Register;

(j) that the performer shall consent to a request being made by the Health Board to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, “employer” includes any partnership of which the applicant is or was a member[F11 ;

(k) that the performer shall consent to disclosure of information in terms of regulation 14;

(l) that the performer will remain a scheme member.]

Textual Amendments

F1 Word in sch. 1 para. 3(b)(iii) omitted (7.6.2004) by virtue of The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/216), regs. 1, 2(6)(b)(i)

F2 Words in sch. 1 para. 3(b)(v) substituted (21.12.2011) by The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/392), regs. 1, 2(11)(d)(i) (with reg. 3)

F3 Words in sch. 1 para. 3(c)(i) substituted (1.4.2018) by The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66), reg. 1, sch. 10 para. 2(3)(a) (with reg. 2) (as amended by S.S.I. 2018/94, reg. 10(a))

F4 Words in sch. 1 para. 3(c) substituted (1.4.2018) by The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (S.S.I. 2018/67), art. 1(2), sch. 8 para. 2(3)(a) (with reg. 2)

F5 Words in sch. 1 para. 3(d)(i) substituted (1.4.2018) by The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66), reg. 1, sch. 10 para. 2(3)(b) (with reg. 2)

F6 Words in sch. 1 para. 3(d) substituted (1.4.2018) by virtue of The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (S.S.I. 2018/67), art. 1(2), sch. 8 para. 2(3)(b) (with reg. 2)

F7 Sch. 1 para. 3(f) omitted (1.4.2011) by virtue of The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations2011 (S.S.I. 2011/55), reg. 1, sch. para. 3(3)

F8 Words in sch. 1 para. 3(i) substituted (1.4.2010) by The National Health Service (General Medical Services Contracts, Primary Medical Services Section 17C Agreements and Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/93), regs. 1(2), 4

F9 Sch. 1 para. 3(i)(iii) omitted (1.4.2010) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(4), Sch. 3 para. 7(4)(a)(i); S.I. 2010/478, art. 2(c)

F10 Words in sch. 1 para. 3(i)(iv) omitted (1.4.2010) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(4), Sch. 3 para. 7(4)(a)(ii); S.I. 2010/478, art. 2(c)

F11 Sch. 1 para. 3(k)(l) and semicolon inserted (21.12.2011) by The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/392), regs. 1, 2(11)(d)(ii) (with reg. 3)