2012 No. 10
National Health Service

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2012

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17E, 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 (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2012 and come into force on 26th February 2012.

Amendment of the 2004 Regulations2.

(1)

Schedule 1 (content of agreements) to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 20042 is amended as follows.

(2)

In paragraph 66(3) (other grounds for termination by the Health Board)—

(a)

in head (a) omit “, or suspended” to “corresponding thereto”;

(b)

for head (b) substitute—

“(b)

subject to sub-paragraph (4), the person is disqualified or suspended from practising by any licensing body anywhere in the world (other than by—

(i)

a direction under section 32A(2) (applications for interim suspension) or 32B(1) (suspension pending appeal) of the Act;

(ii)

a Health Board in terms of regulation 8A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 20043; or

(iii)

any provision in force in England, Wales or Northern Ireland corresponding to the provisions referred to in sub-heads (i) and (ii)).”.

(3)

In paragraph 66A(2) (other grounds for termination by the Health Board for agreements entered into on or after 22nd December 2010)—

(a)

in head (b) omit “or suspended” to “corresponding thereto”;

(b)

for head (c) substitute—

“(c)

subject to sub-paragraph (5), the person is disqualified or suspended from practising by any licensing body anywhere in the world (other than by—

(i)

a direction under section 32A(2) (applications for interim suspension) or 32B(1) (suspension pending appeal) of the Act;

(ii)

a Health Board in terms of regulation 8A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004; or

(iii)

any provision in force in England, Wales or Northern Ireland corresponding to the provisions referred to in sub-heads (i) and (ii)).”

NICOLA STURGEON
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

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 agreements under the National Health Service (Scotland) Act 1978.

Regulation 2(2) and (3) amends the termination provisions in paragraphs 66 and 66A of Schedule 1 to the principal Regulations to amend the circumstances when a Health Board may terminate an agreement.