SCHEDULES

SCHEDULE 19Minor and consequential amendments

PART 2Amendments of other legislation

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66)

422

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 are amended as follows.

423

1

Regulation 1 (citation and commencement) is amended as follows.

2

In paragraph (2), omit “Subject to paragraph (3),”.

3

Omit paragraph (3).

424

In regulation 3(1) (interpretation)—

a

omit the definition of “the 1998 Act”,

b

at the appropriate place insert—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

c

omit the definition of “GDPR”.

425

1

Schedule 6 (other contractual terms) is amended as follows.

2

In paragraph 63(2) (interpretation: general), for “the 1998 Act or any directly applicable EU instrument relating to data protection” substitute

—

a

the data protection legislation, or

b

any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection.

3

For paragraph 64 (meaning of data controller etc.) substitute—

Meaning of controller etc.

64A

For the purposes of this Part—

  • “controller” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(6) and (14) of that Act);

  • “data protection officer” means a person designated as a data protection officer under the data protection legislation;

  • “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).

4

In paragraph 65(2)(b) (roles, responsibilities and obligations: general), for “data controllers” substitute “ controllers ”.

5

In paragraph 69(2)(a) (processing and access of data), for “the 1998 Act, and any directly applicable EU instrument relating to data protection;” substitute

—

i

the data protection legislation, and

ii

any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;

6

In paragraph 94(4) (variation of a contract: general)—

a

omit paragraph (b), and

b

after paragraph (d) (but before the final “and”) insert—

da

the data protection legislation;

db

any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;