National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/1571

1995 No. 1571 (S.111)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1995

Made 19th June 1995

Laid before Parliament 30th June 1995

Coming 21th July 1995

The Secretary of State, in exercise of the powers conferred on him by sections 2(5), 87A(4), 87B(5), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1995 and shall come into force on 21st July 1995.

(2) In these Regulations “the principal Regulations” means the National Health Service (Fund-Holding Practices) (Scotland) Regulations 19932.

Amendment of regulation 1 of the principal Regulations
S-2 Amendment of regulation 1 of the principal Regulations

Amendment of regulation 1 of the principal Regulations

2. In regulation 1(2) of the principal Regulations (interpretation)—

(a) after the definition of “practice” insert—

““primary care purchasing practice” means a fund-holding practice which has been granted recognition as a primary care purchasing practice in accordance with these Regulations;”; and

(b) after the definition of “relevant Health Board” insert—

““standard fund-holding practice” means a fund-holding practice which has been granted recognition as a standard fund-holding practice in accordance with these Regulations.”.

Amendment of regulation 2 of the principal Regulations
S-3 Amendment of regulation 2 of the principal Regulations

Amendment of regulation 2 of the principal Regulations

3. In regulation 2 of the principal Regulations (application for recognition as a fund-holding practice)—

(a) after paragraph (1) insert—

S-1A

“1A The application shall state whether it is an application for recognition as a primary care purchasing practice or as a standard fund-holding practice.”; and

(b) after paragraph (2) insert—

S-2A

“2A When an application has been made but before it has been determined in accordance with regulation 4, the members of the practice may, by notice to the relevant Health Board signed by each member of the practice, change their application for recognition as a standard fund-holding practice, or as the case may be, a primary care purchasing practice.”.

Amendment of regulation 3 of the principal Regulations
S-4 Amendment of regulation 3 of the principal Regulations

Amendment of regulation 3 of the principal Regulations

4. For regulation 3 of the principal Regulations (grant of recognition as a fund-holding practice) substitute—

S-3

3.—(1) A Health Board shall not grant recognition as a standard fund-holding practice or as a primary care purchasing practice (as the case may be) unless it is satisfied that the conditions specified in Schedule 1 to these Regulations are fulfilled.

(2) For the purposes only of the payment and application of the management allowance referred to in regulation 19A, recognition shall take effect on the date on which the Health Board determines to grant recognition.

(3) A fund-holding practice which is recognised as such immediately before 21st July 1995 shall be a standard fund-holding practice.”.

Amendment of regulation 6 of the principal Regulations
S-5 Amendment of regulation 6 of the principal Regulations

Amendment of regulation 6 of the principal Regulations

5. For regulation 6 of the principal Regulations (conditions for continuing recognition) substitute—

S-6

6. Subject to the provisions of Part IV of these Regulations the members of a standard fund-holding practice or primary care purchasing practice (as the case may be) shall continue to be entitled to recognition as such if and for so long as the conditions specified in Schedule 2 are fulfilled in relation to such a practice.”.

Application for change in status of recognised fund-holding practice
S-6 Application for change in status of recognised fund-holding practice

Application for change in status of recognised fund-holding practice

6. After regulation 8 of the principal Regulations (withdrawal or death of a member of a fund-holding practice), insert the following new regulation:—

S-8A

Application for change in status of recognised fund-holding practice

8A.—(1) A primary care purchasing practice may apply to become a standard fund-holding practice and a standard fund-holding practice may apply to become a primary care purchasing practice.

(2) In this regulation, an application under paragraph (1) is referred to as an “application for change in fund-holding status”.

(3) An application for change in fund-holding status to take effect from 1st April in any year shall be made by 30th September in the preceding year or, in the case of an application from a standard fund-holding practice to become a primary care purchasing practice, such later date as the Health Board may agree.

(4) Regulation 2 (except for paragraph (2A)), and regulations 3 and 4 shall apply to an application for change in fund-holding status as they apply to an application for recognition as a fund-holding practice but as if the references in those regulations—

(a)

(a) to an application were references to an application for change in fund-holding status; and

(b)

(b) to the grant or refusal of recognition were references to the grant or refusal of an application for change in fund-holding status.”.

Amendment of regulation 11 of the principal Regulations
S-7 Amendment of regulation 11 of the principal Regulations

Amendment of regulation 11 of the principal Regulations

7. In regulation 11(2) of the principal Regulations (grounds for removal of recognition)—

(a) for “a fund-holding practice”, substitute “a standard fund-holding practice or a primary care purchasing practice (as the case may be)”; and

(b) after “Schedule 2” insert “in relation to such a practice”.

Amendment of regulation 17 of the principal Regulations
S-8 Amendment of regulation 17 of the principal Regulations

Amendment of regulation 17 of the principal Regulations

8. For regulation 17(2) of the principal Regulations (payment for goods and services) substitute—

S-2

“2 The goods and services referred to in paragraph (1) are the goods and services specified, in the case of standard fund-holding practices in Part I and in the case of primary care purchasing practices in Part II, of a list approved from time to time by the Secretary of State for the purposes of this regulation.

S-2A

2A Where—

(a) the list mentioned in paragraph (2) includes services in connection with the termination of pregnancy; and

(b) the members of a fund-holding practice do not wish to purchase such services in any financial year,

they may give notice to that effect to the Health Board not later than 6 months from the date on which their grant of recognition had effect, or in any other case by 30th September in the preceding year.

S-2B

2B Where such notice has been given, the cost of any such services as are provided to individuals on the lists of patients of members of the practice in the financial year in question shall be met by the Health Board whose primary functions include the provision of goods and services to those individuals.”.

Amendment of regulation 18 of the principal Regulations
S-9 Amendment of regulation 18 of the principal Regulations

Amendment of regulation 18 of the principal Regulations

9. In regulation 18 of the principal Regulations (payments to members of the fund-holding practice)—

(a) in paragraph (1), from “in accordance” until the end of the paragraph substitute—

“(a)

“(a) in...

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