The Primary Medical Services (Scotland) Act 2004 (Modification of the National Health Service (Scotland) Act 1978) Order 2006

Modification of the National Health Service (Scotland) Act 1978

2.—(1) The National Health Service (Scotland) Act 1978(1) is modified as follows.

(2) In section 17D (persons with whom agreements may be made)(2)–

(a) in subsection (1)(b)–

(i) in sub-paragraph (iv) for “individual who is providing general medical services in accordance with Article 56 of the 1972 Order” substitute “Article 57 contract”; and

(ii) in sub-paragraph (v) for first “arrangements or” substitute “arrangements,” and omit “personal medical services in accordance with”; and

(b) in subsection (2) after the definition of “Article 15B employee” insert–

““Article 57 contract” means a general medical services contract under Article 57 of the 1972 Order;”.

(3) In section 17L (eligibility to be a contractor under a general medical services contract)(3)–

(a) in subsection (2)(c)–

(i) in sub-paragraph (vi) for “general medical services in accordance with Article 56 of the 1972 Order” substitute “an Article 57 contract”; and

(ii) in sub-paragraph (vii) for first “arrangements or” substitute “arrangements,” and omit “personal medical services in accordance with”; and

(b) in subsection (5) after ““Article 15B employee”,” insert ““Article 57 contract”,”.

(4) In section 36(2) (accommodation and services) omit “general medical,”.

(5) In section 64 (permission for use of facilities in private practice)(4)–

(a) before subsection (5)(a) insert–

“(za) persons providing primary medical services; and”; and

(b) in subsection (6)(a) for “Part II” substitute “this Act”.

(6) In Schedule 9 (additional provisions as to prohibition of sale of medical practices)(5)–

(a) in paragraph 1(2) (prohibition, and certificate of Practices Committee) for “practitioners of the medical practice for the provision by them of general medical services” substitute “person, under which, or in accordance with which, services as specified in section 35(1) are provided or performed,”; and

(b) in paragraph 3 (carried-over goodwill) for “general medical services or personal medical services” substitute “or performed services as specified in section 35(1)”.

(1)

1978 (c. 29).

(2)

Section 17D was inserted by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), section 21(2) and amended by the 2004 Act, section 2.

(3)

Section 17L was inserted by the 2004 Act, section 4.

(4)

Section 64 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8, Part I.

(5)

Schedule 9, paragraph 1(2) was amended by the 1997 Act, Schedule 2, Part I, paragraph 59(2) to (4) and Schedule 3, Part I and the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), schedule 4, paragraph 5(18); paragraph 3 was inserted by the 1997 Act, Schedule 2, Part I, paragraph 59(10).