National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001

JurisdictionScotland
CitationSSI 2001/85

2001 No. 85

NATIONAL HEALTH SERVICE

The National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001

Made 8th March 2001

Laid before the Scottish Parliament 9th March 2001

Coming into force 1st April 2001

The Scottish Ministers, in exercise of the powers conferred by sections 17F(1), (2) and (5), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001 and shall come into force on 1st April 2001.

(2) In these Regulations “the principal Regulations” means the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 19982.

S-2 Amendment of regulation 1 of the principal Regulations

Amendment of regulation 1 of the principal Regulations

2.—(1) Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended in accordance with the following provisions of this regulation.

(2) In paragraph (2)(a)–

(a)

(a) for the definition of “doctor’s list” there is substituted–

““doctor’s list” means a list of doctor’s patients kept by a Health Board or primary care NHS trust–

(i) in respect of a doctor providing general medical services, in accordance with regulation 27 of the GMS Regulations3, and

(ii) in respect of a doctor performing personal medical services under a pilot scheme agreement, in accordance with paragraph 3 of the Directions to Health Boards Concerning Patient Lists (Personal Medical Services) made under section 6(1) of the 1997 Act, and

(iii) in respect of a doctor performing personal medical services under a PMS agreement, in accordance with regulation 10 of the PMS Regulations;”.

(b)

(b) after the definition of “pilot scheme agreement” there is inserted–

““PMS agreement” means an agreement made pursuant to section 17C of the 1978 Act under which personal medical services are provided;

“PMS provider” means any person or body with whom a Health Board enters into a PMS agreement;

“the PMS Regulations” means the National Health Service (Personal Medical Services) (Scotland) Regulations 20014;”

S-3 Amendment of regulation 2 of the principal Regulations

Amendment of regulation 2 of the principal Regulations

3.—(1) Regulation 2 of the principal Regulations (procedure for choosing a doctor) is amended in accordance with the following provision of this regulation.

(2) In paragraph (1), after “pilot scheme agreement(b)” there is inserted “or PMS agreement”.

S-4 Amendment of regulation 3 of the principal Regulations

Amendment of regulation 3 of the principal Regulations

4.—(1) Regulation 3 of the principal Regulations (change of doctor) is amended in accordance with the following provision of this regulation.

(2) In paragraph (3) after “pilot scheme agreement” in each place where it occurs there is inserted “or PMS agreement”.

S-5 Amendment of regulation 4 of the principal Regulations

Amendment of regulation 4 of the principal Regulations

5.—(1) Regulation 4 of the principal Regulations (assignment of persons to doctors) is amended in accordance with the following provisions of this regulation.

(2) At the end of paragraph (2)(b) there is added “; or ”.

(3) After paragraph (2)(b) there is inserted–

“(c)

“(c) require a PMS provider to assign the applicant in accordance with regulation 5 to a doctor who performs personal medical services in connection with a PMS agreement to which the PMS provider is a party.”.

(4) In paragraphs (3), (5) and (7) after “pilot scheme provider” in each place where it occurs there is inserted “or PMS provider”.

(5) In paragraph (6)(b) after “a pilot scheme agreement” there is added “or a PMS agreement”.

(6) At the end of paragraph (7)(b) there is added “; or ”.

(7) After paragraph (7)(b) there is inserted–

“(c)

“(c) a PMS provider has requested the Health Board or primary care NHS trust to remove a person’s name from a doctor’s list or a pooled list under corresponding provisions of a PMS agreement;”.

(8) In paragraph (7) after “pilot scheme agreement” in the second place where it occurs there is inserted “or PMS agreement”.

S-6 Amendment of regulation 5 of the principal Regulations

Amendment of regulation 5 of the principal Regulations

6.—(1) Regulation 5 of the principal Regulations (assignment by a pilot scheme provider) is amended in accordance with the following provisions of this...

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