The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 1987

Statutory Instruments

1987 No. 386 (S. 36)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 1987

Made

9th March 1987

Laid before Parliament

11th March 1987

Coming into force

6th April 1987

The Secretary of State for Scotland, in exercise of the powers conferred on him by sections 19 and 108(1) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 1987 and shall come into force on 6th April 1987.

(2) In these Regulations “the principal regulations” means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(2).

Amendments to the principal regulations

2.  After paragraph 10(5)(b) of Schedule 1 Part I (terms of service for doctors) to the principal regulations(3), but before the proviso, there shall be inserted the following:–

“(c) Part V of and Schedule 4 Part I to the Social Security Act 1986(4) shall be issued in accordance with any regulations made under that Act(5).”

3.  In Schedule 4 to the principal regulations (list of prescribed medical certificates) there shall be inserted in the list of short titles of enactments opposite item 1 the following:–

“Social Security Act 1986 (1986 c. 50)”.

Glenarthur

Minister of State, Scottish Office

New St. Andrew’s House,

Edinburgh

9th March 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 ( “the principal regulations”) which regulate the terms upon which doctors provide general medical services under the National Health Service (Scotland) Act 1978.

The amendments relate to the introduction of statutory maternity pay under the Social Security Act 1986 and take effect from 6th April 1987.

Schedule 1 to the principal regulations contains the terms of service for doctors. These Regulations amend paragraph 10(5) of that Schedule by adding a requirement that, where a certificate is given by a doctor under that provision for the purposes of statutory maternity pay, it must be issued in accordance with regulations made under the Social Security Act 1986.

Schedule 4 to the principal regulations lists the certificates which a doctor must, in accordance with his terms of service, issue free of charge, and the enactments under or for the purpose of which such certificates are required. These Regulations add the Social Security Act 1986 to that list of enactments.

(1)

1978 c. 29; section 19 was amended by the Health Services Act 1980 (c. 53), section 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 14, Schedule 7, paragraph 2, and by the Medical Act 1983 (c. 54), section 56(1), Schedule 5, paragraph 17(a); section 108(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1974/506.

(3)

Paragraph 10(5) was repealed and re-enacted by S.I. 1976/1574, and amended by S.I. 1982/1279, 1986/303.

(4)

1986 c. 50.

(5)

SeeS.I. 1987/235.