The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

1Citation and commencement

2Interpretation

PART 2Contractors

3Conditions: general

4Conditions relating solely to medical practitioners

5General conditions relating to all contracts

8Prescribed period under section 17L(6) of the Act

PART 3Pre-contract Dispute Resolution

9Pre-contract disputes

PART 4Health Service Body Status

10Health service body status

PART 5Contracts: Mandatory Terms

11Parties to the contract

12NHS contracts

13Contracts with a partnership

15Essential services

16Additional services

17Opt outs of additional and out of hours services

18Services generally

19Services generally

20Services generally

24Fees and charges

25Arrangements on termination

26Other contractual terms

PART 6Functions of Area Medical Committee

27Functions of area medical committee

PART 7Transitional Provisions

29Additional services

30Out of hours services

31Out of hours services

32Out of hours services

SCHEDULE 1ADDITIONAL SERVICES

1Additional services generally

2Cervical screening

3Contraceptive services

4Vaccinations and immunisations

5Childhood vaccination and immunisation

6Child health surveillance

7Maternity medical services

SCHEDULE 2OPT OUTS OF ADDITIONAL AND OUT OF HOURS SERVICES

1Opt outs of additional services: general

2Temporary opt outs and permanent opt outs following temporary opt outs

3Permanent opt outs

4Out of hour opt outs where the opt out notice is served after 30th September 2004

5Out of hours opt out where opt out notice is served before 1st October 2004

6Informing patients of opt-outs

SCHEDULE 3LIST OF PRESCRIBED MEDICAL CERTIFICATES

SCHEDULE 4FEES AND CHARGES

1The contractor may demand or accept a fee or other...

SCHEDULE 5OTHER CONTRACTUAL TERMS

PART 1Provision of Services

2Attendance at practice premises

3Attendance outside practice premises

4Newly registered patients

5Patients not seen within 3 years

6Patients aged 75 years and over

7Clinical reports

8Storage of vaccines

9Infection control

10Criteria for out of hours services

11Standards for out of hours services

12Duty of co-operation in relation to additional, enhanced and out of hours services

13Duty of co-operation in relation to additional, enhanced and out of hours services

14List of patients

15Application for inclusion in a list of patients

16Temporary residents

17Refusal of application for inclusion in the list of patients or for acceptance as a temporary resident

18Patient preference of practitioner

19Removal from the list at the request of the patient

20Removal from the list at the request of the contractor

21Removal from the list of patients who are violent

22Removals from the list of patients registered elsewhere

23Removals from the list of patients who have moved

24Removals from the list of patients who have moved

25Removals from the list of patients absent from the United Kingdom etc.

26Removals from the list of patients accepted elsewhere as temporary residents

27Removals from the list of pupils etc. of a school

28Termination of responsibility for patients not registered with the contractor

29Closure of lists of patients

30Approval of closure notice by the Health Board

31Rejection of closure notice by the Health Board

32Assignment of patients to lists: open lists

33Assignment of patients to lists: closed lists

34Factors relevant to assignments

35Assignments to closed lists: determinations of the assessment panel

36Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

37Assignments to closed lists: assignments of patients by a Health Board

PART 3Prescribing and Dispensing

40Restrictions on prescribing by medical practitioners

41Restrictions on prescribing by supplementary prescribers

42Interpretation of paragraphs 38 to 41

43Excessive prescribing

44Provision of dispensing services

45Provision of drugs, medicines and appliances for immediate treatment or personal administration

PART 4Persons who perform services

46Qualifications of performers

47Qualifications of performers

48Qualifications of performers

49Qualifications of performers

50Conditions for employment and engagement

51Conditions for employment and engagement

52Conditions for employment and engagement

53Conditions for employment and engagement

56Terms and conditions

57Arrangements for GP Registrars

58Independent nurse prescribers and supplementary prescribers

59Signing of documents

60Level of skill

61Appraisal and assessment

62Sub-contracting of clinical matters

63Sub-contracting of out of hours service

64Withdrawal and variation of approval under paragraph 63

65Withdrawal and variation of approval under paragraph 63

PART 5Records, Information, Notifications and Rights of Entry

66Patient records

67Access to records for the purpose of the Quality Information Preparation Scheme

68Confidentiality of personal data

69Practice leaflet

70Provision of information

71Inquiries about prescriptions and referrals

72Reports to a medical officer

73Annual return and review

74Notifications to the Health Board

75Notifications to the Health Board

76Notifications to the Health Board

77Notice provisions specific to a contract with a company limited by shares

78Notice provisions specific to a contract with persons practising in partnership

79Notification of deaths

80Notifications to patients following variation of the contract

81Entry and inspection by the Health Board

PART 6Complaints

82Complaints procedure

83Making of complaints

84Making of complaints

85Period for making complaints

86Further requirements for complaints procedures

87Co-operation with investigations

88Provision of information about complaints

PART 7Dispute Resolution

89Local resolution of contract disputes

90Dispute resolution: non-NHS contracts

91NHS dispute resolution procedure

92Determination of dispute

93Interpretation of Part 7

PART 8Variation and Termination of Contracts

94Variation of a contract: general

95Termination by agreement

96Termination by the contractor

97Late payment notices

98Termination by the Health Board: general

99Termination by the Health Board for breach of conditions in regulation 4

100Termination by the Health Board for the provision of untrue etc. information

101Other grounds for termination by the Health Board

102Other grounds for termination by the Health Board

103Termination by the Health Board: remedial notices and breach notices

104Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares

105Contract sanctions

106Contract sanctions and the dispute resolution procedure

107Termination and the NHS dispute resolution procedure

108Consultation with the area medical committee

109Where the contractor changes from being an individual to a partnership

110Where the contractor changes from being a partnership to an individual

PART 9MISCELLANEOUS

111Clinical governance

115Compliance with legislation and guidance

116Third party rights

SCHEDULE 6OUT OF HOURS SERVICES

1Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services

2Application for approval of an out of hours arrangement

3Effect of approval of an arrangement with a transferee out of hours service provider

4Review of approval

5Immediate withdrawal of approval other than following review

6Termination of an out of hours arrangement

SCHEDULE 8INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

1The name of the contractor.

2In the case of a contract with a partnership—

3In the case of a contract with a company—

4The full name of each person performing services under the...

5In the case of each health care professional performing services...

6Whether the contractor undertakes the teaching or training of health...

7The contractor’s practice area, by reference to a sketch diagram,...

8The address of each of the practice premises.

9The contractor’s telephone and fax numbers and the address of...

10Whether the practice premises have suitable access for all disabled...

11How to register as a patient.

12The right of patients to express a preference of practitioner...

13The services available under the contract.

14The opening hours of the practice premises and the method...

15The criteria for home visits and the method of obtaining...

16The consultations available to patients under paragraphs 5 and 6...

17The arrangements for services in the out of hours period...

18If the services in paragraph 17 are not provided by...

19The telephone number of NHS 24 and details of the...

20The method by which patients are to obtain repeat prescriptions....

21If the contractor is a dispensing contractor the arrangements for...

22How patients may make a complaint or comment on the...

23The rights and responsibilities of the patient, including keeping appointments....

24The action that may be taken where a patient is...

25Details of who has access to patient information (including information...

26The name, address and telephone number of the Health Board...

2004 No. 115

NATIONAL HEALTH SERVICE

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

Made10th March 2004

Laid before the Scottish Parliament11th March 2004

Coming into force1st April 2004

The Scottish Ministers, in exercise of the powers conferred by sections 9(6), 17A(6), 17K, 17L, 17N, 17O, 28(1), 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations: