2007 No. 207

NATIONAL HEALTH SERVICE

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2007

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by sections 17P, 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 (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007.

Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 20042

1

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 20042 are amended as follows.

2

In regulation 2 (interpretation)3–

a

omit the definition of “the 2001 Regulations” and after the definition of “the 2003 Order” insert–

  • “the 2007 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20074;

b

omit the definitions of–

i

“first condition for disqualification”;

ii

“second condition for disqualification”; and

iii

“third condition for disqualification”;

c

after the definition of “conditional disqualification” insert–

  • “condition for disqualification” means–

    1. i

      the first condition for disqualification set out in section 29(6) of the Act5;

    2. ii

      the second condition for disqualification set out in section 29(7) of the Act; or

    3. iii

      the third condition for disqualification set out in section 29(7A) of the Act6;

d

after the definition of “pharmacist” insert–

  • “the Postgraduate Medical Education and Training Board” means the body corporate established by article 3(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 20037;

  • “post-registration programme” means a programme of post-registration supervised clinical practice;

3

In regulation 3 (primary medical services performers)–

a

in paragraph (1), for “(2) and (3)”, substitute “(2) to (3)”; and

b

after paragraph (2) insert–

2A

A medical practitioner who falls within paragraph (2B) may perform primary medical services in the area of a Health Board, despite not being included in the primary medical services performers list of that Health Board, but only in so far as the performance of those services constitutes part of a post registration programme approved by the Postgraduate Medical Education and Training Board.

2B

A medical practitioner falls within this paragraph if the medical practitioner–

a

is not a GP Registrar;

b

is undertaking a post registration programme;

c

has notified the Health Board that he or she will be undertaking part or all of a post registration programme in its area at least 24 hours before commencing any part of that programme; and

d

has, with that notification, provided the Health Board with evidence sufficient for it to satisfy itself that the medical practitioner is undergoing a post registration programme.

4

In regulation 7(4) (decisions and grounds for refusal and deferral)8 before “Act” insert “the”.

5

In paragraph 3(f) of Schedule 1 (information, declarations, and undertakings to be included in an application for inclusion in a primary medical services performers' list)–

a

omit “on a prescription form”; and

b

for “2001”, at both places where it occurs, substitute “2007”.

LEWIS MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Performers Lists) Regulations 2004 (“the Regulations”).

Regulation 2(2) amends regulation 2 of the Regulations. The Regulation substitutes the definition of “the 2007 Regulations” for “the 2001 Regulations” as a consequence of the consolidation of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations; deletes the definitions of “first condition for disqualification”, “second condition for disqualification” and “third condition for disqualification” and instead inserts a definition for “condition for disqualification” and inserts definitions of “the Postgraduate Medical Education and Training Board” and “post-registration programme”.

Regulation 2(3) amends regulation 3 of the Regulations to allow a medical practitioner who is not a GP Registrar and whose name is not included in a primary medical services performers list of a Health Board to perform primary medical services but only in so far as the performance of those services constitutes part of a post-registration programme approved by the Postgraduate Medical Educational Training Board.

Regulation 2(4) amends regulation 7(4) of the Regulations by inserting “the” before “Act”.

Regulation 2(5)(a) amends paragraph 3(f) of Schedule 1 to the Regulations to provide that a declaration, claiming either charge exemption or remission, does not require to be made on a prescription form.

Regulation 2(5)(b) also amends paragraph 3(f) of Schedule 1 to the Regulations as a consequence of the consolidation of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations.