National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/748 |
| Year | 1996 |
1996No. 748 (S.81)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (Fund-Holding Practices)
(Scotland) Amendment Regulations 1996
8thMarch1996
11thMarch1996
1stApril1996
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 1978 ( a), 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 (Fund-Holding Practices) (Scotland) Amendment Regulations 1996 and shall come into force on 1st April 1996.
(2) In these Regulations, "the principal Regulations" means the National Health Service (Fund-Holding Practices) (Scotland) Regulations 1993 ( b).
Amendment of regulation 1 of the principal Regulations
2. In regulation 1(2) of the principal Regulations (interpretation) after "relevant Health Board" there shall be inserted-
""savings" shall be construed in accordance with regulation 20;".
Substitution of regulation 8 of the principal Regulations
3. For regulation 8 of the principal Regulations (withdrawal or death of a member of a fund-holding practice) there shall be substituted:-
"8.-(1) Where a member of a fund-holding practice retires or dies, the recognition of the remaining members of the fund-holding practice shall not be affected if the conditions specified in Schedule 2 in relation to the kind of practice in question continue to be fulfilled in relation to the practice.
(2) Where a member of a fund-holding practice withdraws from the fund-holding practice in circumstances other than death or retirement, the remaining members of the practice shall give notice to the Health Board stating the date on which the withdrawal is to take or took effect and paragraphs (3) to (6) apply.
(a) 1978 c.29; section 2(5) was amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), Schedule 9, paragraph 19(1); sections 87A and 87B were inserted by the 1990 Act, section 34; section 105(7), which was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 9, paragraph 24, contains provision, and section 108(1) contains a definition of "regulations", relevant to the exercise of the statutory powers under which these Regulations are made.
(b) S.I. 1993/488, amended by S.I. 1993/1369 and 1995/1571.
(3) Where the remaining members of the fund-holding practice or one or more members who withdraw from the fund-holding practice wish to continue as a recognised fund-holding practice, they shall apply to the Secretary of State for recognition as a fund-holding practice in accordance with regulation 2, and in those circumstances-
(a) where all the medical practitioners making the application have been members of a recognised fund-holding practice for at least one year, paragraph 1 of Schedule 1 shall not apply;(b) subject to regulation 13, they shall continue to be recognised or, as the case may be, shall be treated as recognised until the application is determined; and(c) if, as a result, there is more than one recognised fund-holding practice, the allotted sum of the original fund-holding practice shall be divided between them in proportions calculated by reference to the respective list sizes of the members of the practices.(4) A member of a fund-holding practice who is a partner of another member of the fund-holding practice may not withdraw from the fund-holding practice unless he also ceases to be a partner of that other member.
(5) Where a member of a fund-holding practice (in this paragraph, and in paragraph (6) referred to as "the former member") withdraws from the practice and-
(a) he continues to be included in the medical list of the Health Board, and(b) on the date on which the withdrawal takes effect, there are savings in the fund-holding account,such proportion of those savings as the remaining members of the fund-holding practice and the former member may agree (or where they do not agree, a proportion calculated by reference to their respective list sizes) shall be transferred to the Health Board.
(6) The Health Board shall apply that part of the savings transferred to it as mentioned in paragraph (5) in...
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