This Order may be cited as the General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 and shall come into force on 1st April 2004.

In this Order–

• “the 1978 Act” means the National Health Service (Scotland) Act 19782;

• “the 1995 Regulations” means the National Health Service (General Medical Services) Regulations 19953;

• “the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 20034;

• “the 2004 Act” means the Primary Medical Services (Scotland) Act 20045;

• “the 2004 Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 20046;

• “additional services” has the same meaning as in the 2004 Regulations;

• “area medical committee” has the same meaning as in the 2004 Regulations;

• “core hours” has the same meaning as in the 2004 Regulations;

• “the Choice Regulations” means the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 19987;

• “contractor” means a person with whom a Health Board enters into a contract;

• “default contract” means a contract entered into under article 13 of the Transitional Order and “default contractor” shall, except in Part 3, where it has the meaning given in article 34(3), be construed accordingly;

• “essential services” has the same meaning as in the 2004 Regulations;

• “general medical services contract” means a contract under section 17J of the 1978 Act and general medical services contractor shall, except in Part 3, where it has the meaning given in article 34(3), be construed accordingly;

• “Health Board” means a Health Board constituted under section 2 of the 1978 Act8 and, in relation to any time before 1st April 2004, includes a National Health Service trust to which functions of the Health Board were delegated under section 12AA of the 1978 Act9;

• “list of patients” means–

  1. a

     in relation to a person providing general medical services under section 19 of the 1978 Act10, the list of patients of a medical practitioner prepared by the Health Board under regulation 2711 of the 1995 Regulations;

  2. b

     in relation to a general medical services contractor or a default contractor, the list prepared and maintained by the Health Board under the term of a general medical services contract which gives effect to paragraph 14 of Schedule 5 to the 2004 Regulations or under the equivalent term of a default contract; and

  3. c

     in relation to a person providing services under an agreement for primary medical services made (or, pursuant to article 49, deemed to be made) under section 17C of the 1978 Act–

     1. i

        the list prepared and maintained by the Health Board under the term of that agreement which gives effect to paragraph 8 of Schedule 2 to the Section 17C Agreements Regulations;

     2. ii

        the performers or pooled list required to be kept under the terms of any directions made by the Scottish Ministers in relation to patient lists for transitional agreements; or

     3. iii

        the performers or pooled list required to be kept under regulation 9 of the National Health Service (Personal Medical Services) (Scotland) Regulations 200112;

• “medical list” means the list of medical practitioners undertaking to provide general medical services for persons in its area kept by a Health Board under regulations made under section 19(2)(a) of the 1978 Act;

• “NHS dispute resolution procedure”, except in Part 4 where it has the meaning given in article 48, has the same meaning as in the 2004 Regulations;

• “National Health Service Trust” has the meaning indicated by section 12A of the 1978 Act13;

• “out of hours period” has the same meaning as in the 2004 Regulations;

• “Performers Lists Regulations” means the National Health Service (Primary Medical Services Performers' Lists (Scotland) Regulations 200414;

• “pilot scheme” means an agreement made under Part 1 of the National Health Service (Primary Care) Act 199715;

• “pilot scheme provider” means a person who is providing services under a pilot scheme;

• “practice premises” in relation to a person providing services under section 19 of the 1978 Act, has the same meaning as in regulation 2(1) of the 1995 Regulations16 and, in relation to a general medical services contractor or a default contractor, has the same meaning as in regulation 2(1) of the 2004 Regulations;

• “primary medical services performers list” has the same meaning as in the 2004 Regulations;

• “public or local holiday” has the same meaning as in the 2004 Regulations;

• “section 17C agreement” means an agreement made under section 17C of the 1978 Act17;

• “the Section 17C Agreements Regulations” means the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 200418;

• “section 17C provider” means–

  1. a

     a provider as defined in regulation 2 of the Section 17C Agreements Regulations; or

  2. b

     in relation to a transitional agreement, a provider as defined in article 48;

• “registered patient” means–

  1. a

     a person who is recorded by the Health Board as being on the list of patients of a default contractor or a general medical services contractor; or

  2. b

     a person whom a default contractor or a general medical services contractor has accepted for inclusion on its list of patients, whether or not notification of that acceptance has been received by the Health Board and who has not been notified by the Health Board as having ceased to be on that list;

• “temporary resident” means a person accepted by a general medical services contractor or a default contractor as a temporary resident under the term of its general medical services contract which gives effect to paragraph 16 of Schedule 5 to the 2004 Regulations (or under the equivalent terms of its default contract) and for whom the contractor’s responsibility has not been terminated in accordance with the terms of the general medical services contract or default contract;

• “transitional agreement” means an agreement which is deemed under article 49 to have been made under section 17C of the 1978 Act and which has not been varied in accordance with article 50;

• “the Transitional Order” means the General Medical Services (Transitional and other Ancillary Provisions) (Scotland) Order 200419.