The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (“the principal Regulations”), which set out the framework for section 17C arrangements for the provision of primary medical services under the National Health Service (Scotland) Act 1978 (“the 1978 Act”).

These Regulations make provision with respect to the provision of services in accordance with these arrangements.

Regulation 3 amends the terms which all such agreements must contain. These amendments include–

(a) provision requiring a provider not to enter into arrangements for certain telephone services where they are to be used by patients contacting the practice (regulation 3(2));

(b) amendment to the provisions placing restrictions on prescribing by supplementary prescribers, to permit the prescribing and administration by them of controlled drugs and the prescribing by them of unlicensed medicines under section 17C arrangements (regulation 3(3));

(c) amendment to the provisions which do not require GP Registrars to be included in the primary medical services performers list of a Health Board in order to perform services under section 17C arrangements, to bring them into line with the exemptions to the requirement for GP Registrars to be on such a list contained in the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (regulation 3(4));

(d) amendment to the provisions relating to the employment of GP Registrars, providing that the consent of the Scottish Ministers is no longer required for employing a GP Registrar (regulation 3(5));

(e) amendment to requirements as to the provision of information by the provider of services to provide for time limits by which that must be done (regulation 3(6));

(f) amendment to the provisions as to the submission of annual returns by the provider of services to provide for when annual returns may be requested and time limits by which that must be done (regulation 3(7));

(g) amendment of the provisions as to notice that must be given by a provider of services which is a company limited by shares to a Health Board, to make provision for notice to be given when a new director or secretary is appointed (regulation 3(8));

(h) amendment to the provisions on disputes arising out of, or in connection with, the agreement that have been referred to the Scottish Ministers, to clarify the matter about which representations may be made to them before they reach a decision as to who should determine a dispute (regulation 3(9));

(i) amendment to the provisions as to termination of an agreement where a provider of services has provided untrue or inaccurate information before an agreement was made, to provide that an agreement may also be terminated when untrue or inaccurate information is given in certain notices after an agreement has been made (regulation 3(10));

(j) amendment to the provisions as to the relationship between the termination of the agreement and the dispute resolution procedure to correct errors in the principal Regulations (regulation 3(11)); and

(k) amendment to the provisions on insurance to provide that a provider of services is to be regarded as holding insurance if a person engaged by the provider holds insurance in connection with clinical services which that person provides (regulation 3(12)).

Regulation 4 amends the terms to be included in agreements which include the provision of essential services. It amends the provisions dealing with the closure of lists of patients, to make provision for the circumstances where, after an assessment panel has determined that a provider’s list of patients should close, that list may re-open or close again.

Regulation 5 amends the term dealing with the vaccinations that are to be offered by providers under agreements which include the provision of vaccinations and immunisations.

Regulation 6 amends the terms to be included in agreements which include the provision of out of hours services, in order to clarify provisions relating to the withdrawal or variation of approval by a Health Board of the sub-contracting of out of hours services.

These Regulations also–

(a) amend definitions in the principal Regulations related to the above amendments (regulation 2(3) and (4));

(b) amend the definition of “general medical practitioner” in the principal Regulations so that references to one include all medical practitioners included on the General Practitioner Register or, until that Register comes into effect, who are suitably experienced or have an acquired right to practise as a general medical practitioner (regulation 2(2));

(c) amend the definition of “supplementary prescriber” to provide for additional categories of health care professional, who may also prescribe as a supplementary prescriber, to do so under section 17C arrangements (regulation 2(5)).

Regulation 7 makes transitional arrangements in relation to the amendment made by regulation 3(2) to provide that no action is taken against providers of services who have already entered into arrangements for such telephone services provided they comply with certain conditions as regards providing the Health Board with details as to those arrangements, and varying or terminating those arrangements.