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

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out, for Scotland, the framework for general medical services contracts under section 17J of the National Health Service (Scotland) Act 1978 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 17L(1) of the Act, must be met by a contractor before the Health Board may enter into a general medical services contract with it.

Part 3 of the Regulations prescribes the procedure for pre-contract dispute resolution, in accordance with section 17O(1) of the Act.

Part 4 of the Regulations sets out the procedures, in accordance with section 17O(2) of the Act, by which a contractor may elect to be regarded as a health service body for any purposes of section 17A of the Act and modifies section 17A in relation to such a person.

Part 5 of (and Schedules 1 to 5, 7 and 8 to) the Regulations prescribe the terms which, in accordance with sections 17K and 17N of the Act, must be included in a general medical services contract (in addition to those contained in the Act). It includes, in regulation 15, a description of the services which must be provided to patients under general medical services contracts pursuant to section 17K of the Act.

The prescribed terms include terms relating to—

(a) the type and duration of the contract (regulations 12 to 14);

(b) the services to be provided (regulations 15, 16 and 18 to 20 and Schedule 1), the manner in which they are to be provided (Part 1 of Schedule 5) and the procedures for opting out of additional and out of hours services (regulation 17 and Schedule 2);

(c) the issuing of medical certificates (regulation 21 and Schedule 3);

(d) finance, fees and charges (regulations 22 to 24 and Schedule 4);

(e) patient registration and removal, lists closures and assignments (Schedule 5, Part 2 and Schedule 7);

(f) prescribing and dispensing (Schedule 5, Part 3);

(g) the conditions to be met by those who perform services or are employed or engaged by the contractor (Schedule 5, Part 4);

(h) patient records, the provision of information and rights of entry (Schedule 5, Part 5 and Schedule 8);

(i) complaints (Schedule 5, Part 6);

(j) procedures for dispute resolution (Schedule 5, Part 7); and

(k) procedures for variation and termination of contracts (Schedule 5, Part 8).

Part 6 of the Regulations prescribes functions for area medical committees.

Part 7 of the Regulations and Schedule 6 make transitional provision.