The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2005

Amendment of Schedule 5 to the principal Regulations

5.—(1) Schedule 5 (other contractual terms) to the principal Regulations is amended as follows.

(2) After paragraph 1 (premises), insert–

“Telephone services

1A.— (1) The contractor shall not be a party to any contract or other arrangement under which the number for telephone services to be used–

(a) by patients to contact the practice for any purpose related to the contract; or

(b) by any other person to contact the practice in relation to services provided as part of the health service,

starts with the digits 087, 090 or 091 or consists of a personal number, unless the service is provided free to the caller.

(2) In this paragraph, “personal number” means a telephone number which starts with the number 070 followed by a further 8 digits.”.

(3) In paragraph 31 (rejection of closure notice by the Health Board), after sub-paragraph (7) insert–

“(7A) Subject to sub-paragraph (7B), the contractor’s list of patients shall remain closed for the period specified by the assessment panel in accordance with sub-paragraph (7)(b).

(7B) The contractor’s list of patients shall re-open before the expiry of the period mentioned in sub-paragraph (7A) if–

(a) the number of the contractor’s registered patients falls to the number specified by the assessment panel in accordance with sub-paragraph (7)(b) as the number of registered patients which, if that number were reached, would trigger the re-opening of the contractor’s list of patients; or

(b) the Health Board and the contractor agree that the list of patients should re-open.

(7C) If the contractor’s list of patients has re-opened pursuant to sub-paragraph (7B)(a), it shall nevertheless close again if, during the period specified by the assessment panel as the period for which the list should remain closed, the number of the contractor’s registered patients rise to the number specified by the assessment panel in accordance with sub-paragraph (7)(b) as the number of registered patients which, if that number were reached, would trigger the re-closure of the contractor’s list of patients.

(7D) Except in cases where the contractor’s list of patients is already open pursuant to paragraph (7B), the Health Board shall notify the contractor in writing between seven and fourteen days before the expiry of the closure period specified in paragraph (7A), confirming the date on which the contractor’s list of patients will re-open.”.

(4) In paragraph 41 (restrictions on prescribing by supplementary prescribers)(1) omit sub-paragraphs (2)(b), (4)(c) and (f) and (6).

(5) In paragraph 46(2) (qualifications of performers)–

(a) for paragraph (c) substitute–

“(c) a GP Registrar who has applied to the Health Board to have the GP Registrar’s name included in the primary medical services performers list of the Health Board, until the first of the following events arises:–

(i) the Health Board notifies the GP Registrar of the Board’s decision on that application;

(ii) the end of a period of 2 months, starting with the date on which the GP Registrar’s vocational training scheme begins.”; and

(b) at the end insert–

“(3) In this paragraph, “vocational training scheme” has the meaning given in regulation 2 (interpretation) of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004(2).”.

(6) In paragraph 57 (arrangements for GP Registrars) in sub-paragraph (1) omit “for the purpose of being trained by a GP Trainer with the agreement of the Scottish Ministers and”.

(7) For paragraph 65(2) (withdrawal and variation of approval under paragraph 63) substitute–

“(2) A notice served under sub-paragraph (1) shall take effect on the date on which it is received by the contractor.”.

(8) In paragraph 70 (provision of information), at the end insert–

“(3) The contractor shall produce the information requested, or as the case may be, allow access to it–

(a) by such date as has been agreed as reasonable between the contractor and the Health Board; or

(b) in the absence of such agreement, within 28 days of the request being made.”.

(9) In paragraph 73 (annual return and review)–

(a) after sub-paragraph (1), insert–

“(1A) One such return may be requested by the Health Board at any time during each financial year in relation to such period (not including any period covered by a previous annual return) as may be specified in the request.

(1B) The contractor shall submit the completed return to the Health Board–

(a) by such date as has been agreed as reasonable between the contractor and the Health Board; or

(b) in the absence of such agreement, within 28 days of the request being made.”; and

(b) at the end insert–

“(6) In this paragraph, “financial year” means the twelve months ending with 31st March.”.

(10) In paragraph 77 (notice provisions specific to a contract with a company limited by shares)–

(a) after sub-paragraph (1)(a) insert–

“(aa) a new director or secretary is appointed;”; and

(b) after sub-paragraph (2) insert–

“(3) A notice under sub-paragraph (1)(aa) shall confirm that the new director or, as the case may be, secretary meets the conditions imposed on directors and secretaries by virtue of regulation 5.”.

(11) In paragraph 91(6) (NHS dispute resolution procedure) at the end insert “under dispute”.

(12) After paragraph 95 (termination by agreement), insert–

“Termination on the death of an individual medical practitioner

95A.— (1) Where the contract is with an individual medical practitioner and that practitioner dies, the contract shall terminate at the end of the period of seven days after the date of the practitioner’s death unless, before the end of that period–

(a) the Health Board has agreed in writing with the contractor’s personal representatives that the contract should continue for a further period, not exceeding 28 days after the end of the period of seven days; and

(b) the contractor’s personal representatives have consented in writing to the Health Board employing or supplying one or more general medical practitioners to assist in the provision of clinical services under the contract throughout the period for which it continues.

(2) In sub-paragraph (1), “general medical practitioner” has the same meaning as in regulation 4(1).

(3) Sub-paragraph (1) does not affect any other rights to terminate the contract which the Health Board may have under paragraphs 100 to 103.”.

(13) In paragraph 100 (termination by the Health Board for the provision of untrue etc. information) for “before the contract” to the end substitute–

“–

(a) before the contract was entered into; or

(b) pursuant to paragraphs 77(2) or (3) or 78(2),

in relation to the conditions set out in regulations 4 and 5 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.”.

(14) In paragraph 107 (termination of the NHS dispute resolution procedure)(3)–

(a) in sub-paragraph (1) for “or 103(4) or (6)” substitute “103(4) or (6), or 104” ; and

(b) in sub-paragraph (5) for “impose the contract sanction” substitute “terminate the contract”.

(15) In paragraph 112(3)(b) (insurance) for “an employee of the contractor in connection with clinical services which that employee” substitute “a person employed or engaged by the contractor in connection with clinical services which that person”.

(1)

paragraph 41 of Schedule 5 was amended by S.S.I. 2004/215.

(2)

S.S.I. 2004/114.

(3)

Paragraph 107 of Schedule 5 was amended by S.S.I. 2004/215.