National Health Service (General Medical Services) (Scotland) Amendment (No.2) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/660 |
| Year | 1998 |
1998 No. 660 (S.30)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Medical Services) (Scotland) Amendment (No.2) Regulations 1998
Made 9th March 1998
Laid before Parliament 11th March 1998
Coming into force 1st April 1998
The Secretary of State, in exercise of the powers conferred on him by sections 2(5), 19, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART I
INTRODUCTORY
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) (Scotland) Amendment (No.2) Regulations 1998 and shall come into force on 1st April 1998.
(2) In these Regulations, “the 1995 Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 19952.
PART II
AMENDMENTS CONSEQUENTIAL UPON THE NATIONAL HEALTH SERVICE (PRIMARY CARE) ACT 1997
Amendments connected with the National Health Service (Choice of Medical Practitioner (Scotland) Regulations 1998
Amendment of Parts I, IV and V of the 1995 Regulations
2.—(1) The 1995 Regulations are amended in accordance with the following provisions of this regulation.
(2) In regulation 23(interpretation)–
(a)
(a) in the appropriate alphabetical positions, insert–
““the 1997 Act” means the National Health Service (Primary Care) Act 19974;”;
““the Choice of Medical Practitioner Regulations” means the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 19985;”;
““personal medical services” has the meaning assigned to it in section 1(8) of the 1997 Act;”;
““pilot doctor” means a doctor who performs personal medical services in connection with a pilot scheme;”;
““pilot scheme” has the meaning assigned to it in section 1(1) of the 1997 Act;”;
““pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme;”;
““pilot scheme provider” means a person who provides personal medical services in connection with a pilot scheme;”;
““pooled list” means a single list of the patients of two or more pilot doctors which is held in connection with a pilot scheme;”;
(b)
(b) in the definition of “doctor”, at the end, insert “and, when section 35 of the 1997 Act comes into force, includes a person engaged in employment under section 10 of the Medical Act 19836in an approved medical practice7;”
(c)
(c) for the definition of “medical card”, substitute–
““medical card” means a card issued by a Health Board to a person for the purpose of enabling him to obtain, or establishing his title to receive, primary medical services8, other than contraceptive services, maternity medical services, child health surveillance services and minor surgery services;”; and
(d)
(d) in the definition of “temporary resident”, for “regulation 26(2)” substitute “regulation 7 of the Choice of Medical Practitioner Regulations”.
(3) Regulations 19 (selection of doctor) and 20 (assignment of persons to doctors) are omitted.
(4) In regulation 22 (change of doctor) paragraphs (1) to (7) are omitted.
(5) In regulation 24 (temporary provision of general medical services), in paragraph (29), after “ceases to be entitled to be included in the medical list”, insert “(otherwise than in accordance with section 12(2) of the 1997 Act to enable him to perform personal medical services in connection with a pilot scheme to which the Health Board in whose list he was included is a party)”.
(6) For regulation 26 (temporary residents), substitute–
“Temporary residents
26.—(1) A person who is accepted as a temporary resident by a doctor under regulation 7 of the Choice of Medical Practitioner Regulations or by a pilot scheme provider under a pilot scheme agreement shall not be removed from the list of any doctor providing general medical services in which his name is included, unless the Health Board for the area in which that doctor practises is satisfied, after due enquiry–
(a)
(a) that the person’s stay in the place of temporary residence has exceeded 90 days; and
(b)
(b) that he has not returned to his normal place of residence or any other place within the practice area of the doctor in whose list his name is included.
(2) If a Health Board is satisfied as mentioned in paragraph (1), it shall remove the name of the person from the list of the doctor in which it is included and, if practicable, inform the person of that fact and of his entitlement to seek acceptance by any doctor, including the doctor by whom he has been treated as a temporary resident, in the area in which he is living, and of the name and address of the Health Board for that area.”.
(7) In regulation 27 (doctors' lists)–
(a)
(a) in paragraph (2), for “regulation 22(4)” substitute “regulation 3(3) of the Choice of Medical Practitioner Regulations”;
(b)
(b) for paragraph (4), substitute–
“4 Any removal of a person from a doctor’s list caused by the transfer of a person to the list of another doctor or to a pooled list, other than a transfer under regulation 3(3) of the Choice of Medical Practitioner Regulations, or a transfer in pursuance of a notice under regulation 22(8), shall take effect–
(a) from the date on which the Health Board receives notification of the acceptance of the person by the last-named doctor or, in the case of a transfer to a pooled list, the pilot scheme provider; or
(b) subject to the consent of the Health Board, from such date, being not earlier than the date of that consent, as may be agreed between the doctors or, as the case may be, between the doctor and the pilot scheme provider.”.
(8) In regulation 31 (obtaining maternity medical services)10, in paragraph (4), for “regulation 19” substitute “regulation 2 of the Choice of Medical Practitioner Regulations”.
Amendment of Schedule 1 to the 1995 Regulations
3.—(1) Schedule 1 to the 1995 Regulations (terms of service for doctors) is amended in accordance with the following provisions of this regulation.
(2) In paragraph 4 (a doctor’s patients) in sub-paragraph (4), for “regulation 20(1)”, substitute “regulation 4 of the Choice of Medical Practitioner Regulations”.
(3) In paragraph 5 (relief from liability to give emergency treatment) for “regulation 20(2)” substitute “regulation 4(8) of the Choice of Medical Practitioner Regulations”.
(4) In paragraph 7 (acceptance of patients), in sub-paragraph (b) for “regulation 26(1)”, substitute “regulation 7(1) of the Choice of Medical Practitioner Regulations”.
(5) In paragraph 9 (right of a doctor to have a patient removed from his list) in paragraph (1), after “another doctor” where it occurs in both places insert “, or the date of acceptance of his inclusion in a pooled list”.
(6) In each of–
(a)
(a) paragraph 13(5)(a) (provision of services to patients);
(b)
(b) paragraph 14(1) (newly registered patients); and
(c)
(c) paragraph 16(4) (patients aged 75 years and over),
for “regulation 20”, substitute “regulation 4 of the Choice of Medical Practitioner Regulations”.
Amendment of Schedule 4A to the 1995 Regulations
4. In Schedule 4A to the 1995 Regulations11(maternity medical services), in paragraph 3(b), for “regulation 19(1)”, substitute “regulation 2 of the Choice of Medical Practitioner Regulations”.
Amendments...
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