The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

Certificates

19.—(1) An agreement must contain a term which has the effect of requiring the provider to issue free of charge to a patient or a patient’s personal representatives any medical certificate of a description prescribed in column 1 of Schedule 3 (list of prescribed medical certificates) to the GMS Contracts Regulations, which is reasonably required under or for the purposes of the enactments specified in relation to the certificate in column 2 of that Schedule, except where, for the condition to which the certificate relates, the patient–

(a) is being attended by a medical practitioner who is not–

(i) employed or engaged by the provider;

(ii) a party to the agreement;

(iii) in the case where a partnership is a party to the agreement, a partner in such a partnership; or

(iv) in the case where a company limited by shares is a party to the agreement, a person legally or beneficially owning shares in such a company; or

(b) is not being treated by or under the supervision of a health care professional.

(2) The exception in paragraph (1)(a) shall not apply where the certificate is issued pursuant to regulation 2(1)(b) of the Social Security (Medical Evidence) Regulations 1976(1) (which provides for the issue of a certificate in the form of a special statement by a doctor on the basis of a written report made by another doctor).

(1)

S.I. 1976/615. Relevant amending instruments are S.I. 1982/699, 1992/247, 1994/2975, 1995/987 and 2000/590.