2007 No. 501
NATIONAL HEALTH SERVICE

The National Health Service (General Medical Services Contracts) (Scotland) Amendment (No. 3) Regulations 2007

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17K, 17N, 28(1), 105(7), and 108(1) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the National Health Service (General Medical Services Contracts) (Scotland) Amendment (No. 3) Regulations 2007 and come into force on 30th November 2007.

Amendment of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 20042.

(1)

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 20042 are amended as follows.

(2)

In regulation 2(1) (interpretation)3–

(a)

in the definition of “immediate family member” after “spouse” insert “or civil partner”;

(b)

after the definition of “pharmacist” insert–

““pharmacist independent prescriber” means a person–

(a)

who is registered in Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 20074 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 19765; and

(b)

against whose name in the relevant register is recorded an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber”; and

(c)

in the definition of “prescriber”–

(i)

in sub-paragraph (b) omit “and”; and

(ii)

after sub-paragraph (c) insert–“and

(d)

a pharmacist independent prescriber,”.

(3)

In Schedule 1 (additional services) in paragraphs 4(2)(a) (vaccinations and immunisations)6 and 5(2)(a) (childhood vaccination and immunisation) for “was provided for under the 2003 2004 Statement of Fees and Allowances made under regulation 35 of the National Health Service (General Medical Services) (Scotland) Regulations 1995” substitute “is provided for in directions given under section 17M of the Act”.

(4)

In Schedule 2 (opt outs of additional and out of hours services) in paragraph 3(7)(b) (permanent opt outs) after “application to” insert “an”.

(5)

In Schedule 5 (other contractual terms)–

(a)

in paragraph 44(6), (7) and (9) (provision of dispensing services)7 for “or an independent nurse prescriber” substitute, at each place where it occurs, “, an independent nurse prescriber or a pharmacist independent prescriber”;

(b)

in paragraph 57(3)(a) (arrangements for GP Registrars) for “Health Boards under section 17M of the Act” substitute “NHS Education for Scotland”8;

(c)

in paragraph 58(1) and (2) (independent nurse prescribers and supplementary prescribers) for “or a supplementary prescriber”, at each place where it occurs, substitute “, a supplementary prescriber or a pharmacist independent prescriber”.

SHONA ROBISON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (“the principal Regulations”) which regulate contracts for the provision of general medical services under the National Health Service (Scotland) Act 1978.

Regulation 2(2) amends regulation 2 of the principal Regulations by inserting reference to a civil partner and inserting a definition of “pharmacist independent prescriber” and amends the definition of “prescriber” to include “pharmacist independent prescriber”.

Regulation 2(3) amends Schedule 1 to the principal Regulations by updating the reference to the Statement of Fees and Allowances.

Regulation 2(4) corrects a typographical error in Schedule 2 to the principal Regulations.

Regulation 2(5) amends Schedule 5 to the principal Regulations to include pharmacist independent prescriber and to provide in paragraph 57(3)(a) that a contractor which employs a GP Registrar shall offer the GP Registrar terms of employment in accordance with rates and subject to conditions contained in any directions given by Scottish Ministers to NHS Education for Scotland.