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

Explanatory Note

(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.