2004 No. 41
NATIONAL HEALTH SERVICE

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

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 19, 105(7) 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:

Citation and commencement1.

These Regulations may be cited as the National Health Service (General Medical Services) (Scotland) Amendment Regulations 2004 and shall come into force on 4th March 2004.

Amendment of the National Health Service (General Medical Services) (Scotland) Regulations 19952.

(1)

The National Health Service (General Medical Services) (Scotland) Regulations 19952 are amended as follows.

(2)

In regulation 4(1) (medical list) after “doctors” insert “, subject to the provisions of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 20043”.

(3)

In regulation 5(6) (amendment of or withdrawal from the medical list)–

(a)

for “(disqualification of practitioners) that his continued inclusion in the medical list would be prejudicial to the efficient provision of general medical services” substitute “(the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)4”; and

(b)

after “representations” in the second place where it occurs insert “, request for review or review”.

(4)

In Schedule 1 (terms of service)–

(a)

in paragraph 17A (out of hours arrangements)5 for sub-paragraph (7)(h)(i) substitute–

“(i)

he has been notified under regulation 9(1) (notices to be sent to respondent and any other Health Board or primary care NHS trust in case of an inquiry) or 24(4) (procedure in regard to application to the Tribunal for a review) of the National Health Service (Tribunal) (Scotland) Regulations 2004 that the Tribunal intends to hold an inquiry as to representations or an application made in relation to him;”;

(b)

in paragraph 18(12)–

(i)

after “list” insert “and supplementary list”; and

(ii)

for “29” substitute “29B6 or 30”;

(c)

in paragraph 19(2)(a)(i)7 for “29(3)(c)” substitute “29B(3) or 30(6)”;

(d)

in paragraph 20A(a)8–

(i)

for “29(3)(b)” substitute “29B(2) or 30(2) or (5)”;

(ii)

after “list” insert “and supplementary list”; and

(iii)

for “29(3)(c)” substitute “29B(3) or 30(6)”.

MALCOLM CHISHOLM
Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”), which make arrangements under which doctors provide general medical services under the National Health Service (Scotland) Act 1978 (c. 29) (“the Act”).

These Regulations make amendments to regulations 4 (medical list) and 5 (amendment of or withdrawal from the medical list) of, and paragraphs 17A, 18, 19 and 20A of Schedule 1 (terms of service) to, the 1995 Regulations. These amendments are consequential upon the National Health Service (Tribunal) (Scotland) Regulations 2004 (“the 2004 Regulations”), and amendments made to the Act by the Health Act 1999 (c. 8) (“the 1999 Act”) and the Community Care and Health (Scotland) Act 2002 asp 5 (“the 2002 Act”), relating to the NHS Tribunal and the disqualification of practitioners providing services under Part II of the Act.

In particular these Regulations–

(a)

clarify that the medical list prepared by Health Board or primary care NHS trust, shall not include practitioners who, by virtue of the provisions of regulation 26 (which deals with practitioners subject to an inquiry in a fraud case) of the 2004 Regulations, may not be added to the list until the proceedings in that case are finally concluded;

(b)

amend references to provisions of the Act to be references to provisions of the Act as amended by the 1999 Act; and

(c)

amend references to medical lists to include references to supplementary lists, which medical practitioners may be disqualified from inclusion on, consequent to the 2002 Act.