National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1989

1989No. 1990 (S.139)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Medical and

Pharmaceutical Services) (Scotland) Amendment (No.2)

Regulations 1989

31stOctober1989

1stNovember1989

for certain purposes

22ndNovember1989

for certain other purposes

1stJanuary1990

for all remaining purposes

1stApril1990

ARRANGEMENT OF REGULATIONS

1. Citation, commencement and interpretation.

2. Amendments to regulation 2 (interpretation) of the principal Regulations.

3. Amendments to regulation 3 (terms of service for doctors).

4. Amendments to regulation 4 (medical list).

5. New regulations (child health surveillance and minor surgery lists, amendments to the medical list and Local Directory).

6. New regulation (removal from medical list on grounds of age).

7. Amendment to regulation 6 (application for inclusion in medical list).

8. Amendment to regulation 15 (selection of doctor).

9. Amendment to regulation 18 (change of doctor).

10. Amendment to regulation 20 (temporary provision of general medical services).

11. Amendment to regulation 25 (change of doctor).

12. Amendments to regulation 31 (payments to doctors).

13. Amendments to regulation 33 (publication of particulars).

14. New regulation (guidance to doctors).

15. Amendment to regulation 35 (exercise of choice of doctor or chemist in certain cases).

16. Amendments to Schedule 1 to the principal Regulations.

17. Transitional provisions.

SCHEDULE 1

Amendments to Part I of Schedule I to the principal Regulations (terms of service for doctors)

Paragraphs

1. Amendments to terms of service.

2. New paragraph (exercise of professional judgment).

3. Amendment to paragraph 4 (persons for whose treatment the doctor is responsible).

4. New paragraph after paragraph 6 (acceptance of patients) and new paragraphs (child health surveillance services).

5. Amendment to paragraph 9 (service to patients).

6. New paragraph (practice leaflet).

7. Amendment to paragraph 10 (treatment to patients).

8. New paragraphs (newly registered patients, patients not seen within 3 years, patients aged 75 years and over).

9. Amendment to paragraph 11 (duration of doctor's responsibility).

10. Amendments to paragraph 12.

11. New paragraph (employees).

12. Amendment to paragraph 13 (arrangements at practice premises).

13. New paragraphs (doctors' availability to patients).

14. New paragraph (annual reports).

15. Amendment to paragraph 20 (acceptance to fees).

New Parts to be inserted after Part I of Schedule I to the principal Regulations

SCHEDULE 2

New Part II to be substituted in Schedule 1 to the principal Regulations (information and undertakings to be included in an application for inclusion in medical list)

SCHEDULE 3

New Parts IV and V to be added to Schedule 1 to the principal Regulations

Information to be supplied by doctor applying for inclusion in a child health surveillance list

Information to be supplied by doctor applying for inclusion in a minor surgery list

The Secretary of State, in exercise of powers conferred on him by sections 2(5), 19, 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 1978 ( a) and section 8(1) of the Health and Medicines Act 1988 ( b), and of all other powers enabling him in that behalf, and after consulting the Council of Tribunals and its Scottish Committee in accordance with section 10 of the Tribunals and Inquiries Act 1971 ( c), hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 1989 and shall come into force in accordance with paragraph (2).

(2) These Regulations shall come into force, as follows-

(a) for the purposes of regulations 1, 4(3), 5 (to the extent that it relates to regulation 4C of the principal Regulations), 6, 9, 11, 16(a) (to the extent that it relates to paragraph 15 of Schedule 1 to these Regulations) and 17(3), on 22nd November 1989;(b) for the purposes of regulations 3 (to the extent that it relates to paragraph 13A of Part I and to Part ID of Schedule 1 to the principal Regulations), 5 (to the extent that it relates to regulation 4A (1) to (11) and (18) inserted into the principal Regulations), 16(a) (to the extent that it relates to paragraphs 12(1) and 13 of Schedule 1 to these Regulations), 16(b) (to the extent that it relates to Part 1D inserted into Schedule 1 to the principal Regulations) 16(d) and 17(4), on 1st January 1990; and(c) for all other purposes, on 1st April 1990.

(3) In these Regulations "the principal Regulations" means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 ( d).

Amendments to regulation 2 (interpretation) of the principal Regulations

2.-(1) In paragraph (1) of regulation 2 (interpretation) of the principal Regulations there shall be inserted the following definitions in appropriate alphabetical order:-

"child" means a person who has not attained the age of 16 years;

"child health surveillance list" shall be construed in accordance with regulation 4A;

"child health surveillance services" means the personal medical services described in paragraph 6C(a) in Part I and in Part 1A of Schedule 1;

"domiciliary visit" means a visit to either-

(a) the place where the patient resides, or(b) the place, other than a doctor's practice premises, where the doctor is obliged, pursuant to paragraph 10 of the terms of service, to render personal medical services to the patient;

"group practice" means an association of two or more doctors both or all of whom-

(a) have their names included in the medical list of a Board,(b) co-ordinate in the course of regular contact among them, the provision of personal medical services to their patients in fulfilment of their obligations under Part I of Schedule 1, and

(a) 1978 c.29; section 19 was amended by the Health Services Act 1980 (c.53) ("the 1980 Act"), section 7, the Health and Social Services and Social Security Adjudications Act 1983 (c.41) ("the 1983 Act"), Schedule 7, paragraph 2, and the Medical Act 1983 (c.54), Schedule 5, paragraph 17(a); the provisions of section 19 are subject to the Health and Medicines Act 1988 (c.49), section 17; section 105(7), which was amended by the 1983 Act, Schedule 9, paragraph 24, contains provisions, and section 108(1) contains definitions of "prescribed" and "regulations", relevant to the exercise of the statutory powers under which these Regulations are made.

(b) 1988 c.49; the relevant commencement provision is contained in S.I. 1989/1984; the provisions relevant to which this power is exercised came into force on 31st October 1989.

(c) 1971 c.62.

(d) S.I. 1974/506; relevant amending instruments are S.I. 1975/696, 1978/1762, 1981/56, 1982/1279, 1985/296, 804, 1625 and 1987/385.

(c) conduct and manage their practices from at least one common set of practice premises;

"Local Directory" means the Local Directory of Family Doctors maintained by a Board in accordance with regulation 4C;

"medical records" means, in relation to any patient, the records kept in respect of that patient in accordance with paragraph 17 of the terms of service;

"minor surgery list" shall be construed in accordance with regulation 4A;

"minor surgery services" means the personal medical services described in paragraph 6D in Part I and in Part IB of Schedule 1;

"practice premises" means, in relation to any doctor, the premises at which he is obliged under the terms of service to attend at specified times in order to be consulted by, or to provide treatment or other services for his patients;

"restricted list principal" means a doctor who has undertaken to provide general medical services only to a restricted category of patients identified by reference to their connection with a particular establishment or organisation;

"restricted services principal" means a doctor who has undertaken to a Board to provide general medical services limited to-

(a) child health surveillance services;(b) contraceptive services;(c) maternity medical services; or(d) minor surgery services,

or to any combination of the above;

"Schedule" means a Schedule to these Regulations;

"terms of service" in relation to doctors means the terms of service which are contained or referred to in Part 1 of Schedule 1.

(2) In paragraph (1) aforesaid the definition of "treatment" shall be amended by substituting-

(a) for the words "contraceptive services or maternity medical services", the words "child health surveillance services, contraceptive services, maternity medical services or minor surgery services", and(b) for the word "woman" the word "person".

(3) Paragraph (2) of regulation 2 of the principal Regulations shall be deleted and there shall be substituted therefor the following:-

"(2) For the purposes of these Regulations including without prejudice to the generality of this paragraph, the purpose of determining under regulation 17 the number of persons whom a doctor may have on his list, and except where expressly provided to the contrary, a doctor shall be deemed to be carrying on practice otherwise than in partnership unless the Board or, on appeal, the Medical Practices Committee is satisfied that he-

(a) discharges the duties and exercises the powers of a principal in connection with the practice of the partnership; and,(b) either-(i) in the case of a doctor whose "approved hours" are not less than 26 hours per week, he is entitled to a share of the profits which is not less than one third of the share of the partner with the greatest share; or(ii) in the case of a doctor whose approved hours are less than 26 hours per week but not less than 19 hours per week he is entitled to a share of the profits which is not less than one quarter of the share of the partner with the greatest share; or(iii) in the case of a doctor whose approved hours are less than 19 hours per...

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