National Health Service (Fund-Holding Practices) (Applications and Recognition) (Scotland) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/1754 |
1990 No. 1754 (S.167)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (Fund-Holding Practices) (Applications and Recognition) (Scotland) Regulations 1990
Made 23th August 1990
Laid before Parliament 24th August 1990
Coming into force 17th September 1990
The Secretary of State, in exercise of powers conferred on him by sections 2(5), 87A(2) and (4), 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 19781and of all other powers enabling him in that behalf, and having consulted the Council of Tribunals and its Scottish Committee in accordance with section 10 of the Tribunals and Inquiries Act 19712hereby makes the following Regulations:
Citation, commencement and interpreation
1.—(1) These Regulations may be cited as the National Health Service (Fund-Holding Practices) (Applications and Recognition) (Scotland) Regulations 1990 and shall come into force on 17th September 1990.
(2) In these Regulations, unless the context otherwise requires–
“the Act” means the National Health Service (Scotland) Act 1978;
“allotted sum” has the meaning indicated by section 87B of the Act;
“application” means an application for the purposes of section 87A of the Act for recognition as a fund-holding practice;
“medical list” means a list of medical practitioners prepared by a Health Board by virtue of Regulations under section 19(2)(a) of the Act;
“practice” means a number of medical practitioners acting either–
(i) as individuals;
(ii) partly as individuals and partly in partnership; or
(iii) in partnership with each other,
who make or propose to make, jointly, an application and “members of the practice” shall be construed accordingly;
“relevant Health Board” has the meaning given in regulation 2;
“Family Health Services Authority” has the meaning indicated by section 10 of the National Health Service Act 19773;
(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
(4) For the purposes of these Regulations, an application is made when it is received by the person to whom it is required to be made in accordance with regulation 3.
(5) In these Regulations any reference to the sending of a document is a reference to the sending of a document by post addressed, in the case of a medical practitioner, to him at the address of his practice premises which is included in the medical list of the relevant Health Board, and, in the case of the Secretary of State or a Health Board, to them at their principal office.
Meaning of “relevant Health Board”
2.—(1) Except in a case to which regulation 3(3) applies “relevant Health Board” has the meaning given in section 19(8) of the Act4.
(2) In a case to which regulation 3(3) applies the relevant Health Board is the Health Board within whose area resides the largest number of the patients on the lists of the members of the practice.
Applications for recognition as a fund-holding practice
3.—(1) An application shall be made in writing on a form approved by the Secretary of State and shall be accompanied by such additional information, including documents and other writings, as the form states may be required to enable the Health Board to determine the application.
(2) An application shall be signed by each member of the practice making it and shall be sent to the relevant Health Board.
(3) Where a member of a practice is on both the medical list of a Health Board and the medical list of a Family Health Services Authority, or the members of the practice include a member who is only on the medical list of a Health Board and a member who is only on the medical list of a Family Health Services Authority, then the application shall be made to the relevant Health Board if more patients on the lists of the members of the practice reside in Scotland than in England5.
Grant and conditions for recognition as a fund-holding practice
4.—(1) A Health Board shall not grant recognition as a fund-holding practice unless it is satisfied that the conditions specified in paragraph (2) are fulfilled.
(2) The...
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