The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
| Jurisdiction | Scotland |
| Citation | SSI 2004/115 |
2004 No. 115
NATIONAL HEALTH SERVICE
The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
Made 10th March 2004
Laid before the Scottish Parliament 11th March 2004
Coming into force 1st April 2004
The Scottish Ministers, in exercise of the powers conferred by sections 9(6), 17A(6), 17K, 17L, 17N, 17O, 28(1), 105(7), 106(a) 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:
PART 1
General
Citation and commencement
1. These Regulations may be cited as the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 and shall come into force on 1st April 2004.
Interpretation
2.—(1) In these Regulations—
“the Act” means the National Health Service (Scotland) Act 19782;
“the 2004 Act” means the Primary Medical Services (Scotland) Act 20043;
“the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 20034;
“additional services” means one or more of—
(a) cervical screening services,
(b) contraceptive services,
(c) vaccinations and immunisations,
(d) childhood vaccinations and immunisations,
(e) child health surveillance services,
(f) maternity medical services, and
(g) minor surgery;
“adjudicator” means the Scottish Ministers or a panel of 3 persons appointed by the Scottish Ministers under paragraph 91 of Schedule 5;
“appliance” means an appliance which is included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1) of the Act5;
“approved medical practice” shall be construed in accordance with section 11(4) of the Medical Act 19836;
“area medical committee” means the committee of that name recognised under section 9 of the Act (local consultative committees) in the area of the Health Board;
“area pharmaceutical committee” means the committee of that name recognised under section 9 of the Act (local consultative committee) in the area of the Health Board;
“assessment panel” means a committee or subcommittee of a Health Board (“the first Health Board”) (other than the Health Board (“the second Health Board”) which is a party or prospective party to the contract in question) appointed by the first Health Board at the request of the second Health Board to exercise functions under paragraph 2, 3, 4 or 5 of Schedule 2 or paragraph 31 or paragraph 35 of Schedule 5 and which shall consist of
(a) the Chief Executive of the first Health Board or an Executive Director of that Health Board nominated by that Chief Executive;
(b) a person representative of patients in an area other than that of the second Health Board; and
(c) a person representative of the area medical committee which does not represent practitioners in the area of the second Health Board;
“care home service” has the same meaning as in section 2(3) of the Regulation of Care (Scotland) Act 20017;
“CCT” means Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;
“cervical screening services” means the services described in paragraph 2(2) of Schedule 1;
“charity trustee” means one of the persons having the general control and management of the administration of a charity;
“child” means a person who has not attained the age of 16 years;
“child health surveillance services” means the services described in paragraph 6(2) of Schedule 1;
“childhood vaccinations and immunisations” means the services described in paragraph 5(2) of Schedule 1;
“closed” in relation to the contractor’s list of patients, means closed to applications for inclusion in the list of patients other than from immediate family members of registered patients;
“contraceptive services” means the services described in paragraph 3(2) of Schedule 1;
“contract” means, except where the context otherwise requires, a general medical services contract under section 17J of the Act8(Health Boards power to enter into general medical services contracts);
“contractor” means a person with whom a Health Board enters into a contract;
“contractor’s list of patients” means the list prepared and maintained by a Health Board under paragraph 14 of Schedule 5;
“core hours” means the period beginning at 8 am and ending at 6.30 pm on any working day;
“dispensing services” means the provision of drugs, medicines and appliances;
“disqualified” means, unless the context otherwise requires, local or national disqualification by the Tribunal (or a decision under provisions in force in England, Wales or Northern Ireland corresponding to local or national disqualification), but does not include conditional disqualification;
“Drug Tariff” means the statement published under regulation 9 (payments to pharmacists and standards of drugs and appliances) of the Pharmaceutical Regulations;
“enhanced services” are—
(a) services other than essential services, additional services or out of hours services; or
(b) essential services or additional services or out of hours services or an element of such a service that a contractor agrees under the contract to provide in accordance with specifications set out in a plan, which requires of the contractor an enhanced level of service provision compared to that which it needs generally to provide in relation to that service or element of service;
“essential services” means the services required to be provided in accordance with regulation 15;
“general medical practitioner” means—
(a) from the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the General Practitioner Register otherwise than by virtue of paragraph 1(d) of Schedule 6 to that Order, and
(b) until the coming into force of that article, a medical practitioner who is either—
(i) until the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, suitably experienced within the meaning of section 21(2) of the Act, section 31(2) of the National Health Service Act 19779or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 197810; or
(ii) upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, an eligible general practitioner pursuant to that paragraph other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to the 2003 Order;
“General Practitioner Register” means the register kept by the General Medical Council under article 10 of the 2003 Order;
“global sum” has the meaning given to it in the GMS Statement of Financial Entitlements;
“GMS Statement of Financial Entitlements” means the directions given by the Scottish Ministers under section 17M of the Act11(payments by Health Boards under general medical services contracts);
“GP Registrar”—
(a) until the coming into force of article 5 of the 2003 Order, means a medical practitioner who is being trained in general practice by a medical practitioner who—
(i) has been approved for that purpose by the Joint Committee on Postgraduate Training for General practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 199812; and
(ii) performs primary medical services, and
(b) from the coming into force of that article, means a medical practitioner who is being trained in general practice by a GP Trainer whether as part of training leading to the award of a CCT or otherwise;
“GP trainer” means a general medical practitioner who is—
(a) until the coming into force of article 4(5)(d) of the 2003 Order, approved as a GP Trainer by the Joint Committee on Postgraduate Training for general practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998; or
(b) from the coming into force of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i) of that Order;
“Health and Social Services Board” means a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 197213;
“Health and Social Services trust” means a Health and Social Services trust established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 199114;
“Health Authority” means a Health Authority established under section 8 of the National Health Service Act 197715;
“Health Board” means, unless the context otherwise requires, the Health Board which is a party, or prospective party, to a contract;
“health care professional” has the same meaning as in section 17L(5) of the Act16and “health care profession” shall be construed accordingly;
“health service body” means any person or body referred to in section 17A(2) of the Act (NHS contracts)17and includes, except where otherwise expressly provided, any person who is to be regarded as a health service body in accordance with regulation 10;
“immediate family member” means—
(a) a spouse,
(b) a person (whether or not of the opposite sex) whose relationship with the registered patient has the characteristics of the relationship between husband and wife,
(c) a parent or step-parent,
(d) a son,
(e) a daughter,
(f) a child of whom the registered patient is—
(i) the guardian, or
(ii) the carer duly authorised by the local authority to whose care the child has been committed under the Children (Scotland) Act 199517; or
(g) a grandparent;
“independent nurse prescriber” means a person—
(a) who is either engaged or employed by the contractor or, where the contractor is a partnership, is a partner in that partnership;
(b) who is...
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