National Health Service (General Medical Services) (Scotland) Amendment Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/3199 |
1995 No. 3199 (S.237)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1995
Made 7th December 1995
Laid before Parliament 11th December 1995
Coming into force 1st January 1996
The Secretary of State, in exercise of the powers conferred on him by sections 2(5), 19, 32E and 105(7) of the National Health Service (Scotland) Act 19781and 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 (General Medical Services) (Scotland) Amendment Regulations 1995 and shall come into force on 1st January 1996.
(2) In these Regulations, “the principal Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 19952.
Amendment of regulation 2 of the principal Regulations
2. In regulation 2 of the principal Regulations (interpretation)—
(a) after the definition of “scheduled drug” insert—
““suspended by direction of the Tribunal” means suspended as respects the provision of general medical services to patients by a direction of the Tribunal made pursuant to section 32A(2) or section 32B(1) of the Act3or to any provisions in England and Wales or Northern Ireland corresponding to those provisions;”; and
(b) after the definition of “treatment” insert—
““the Tribunal” means the Tribunal constituted under section 29 of the Act.”.
Amendment of regulation 7 of the principal Regulations
3.—(1) Regulation 7 of the principal Regulations (removal from medical list of names of doctors not providing services) is amended as follows.
(2) In paragraph (1) at the beginning insert “subject to paragraph (1A)” and after the words “30 days' notice” insert “in writing”.
(3) After paragraph (1) insert—
“1A In calculating the period of 6 months referred to in paragraph (1) the Board shall disregard any period during which the doctor was suspended by direction of the Tribunal.”.
(4) In paragraph (2) after the words “30 days' notice” insert “in writing”.
Amendment of regulation 24 of the principal Regulations
4.—(1) Regulation 24 of the principal Regulations (temporary provision of general medical services) is amended as follows.
(2) At the end of paragraph (2), insert “and where a doctor is suspended by direction of the Tribunal, the Board shall, after consultation with the Area Medical Committee, make arrangements for the temporary provision of general medical services for the suspended doctor’s patients with one or more doctors on the medical list of the Board (one or more of whom may be partners of the suspended doctor) or with one or more doctors appointed for the purpose, or both”.
(3) In paragraph (17), at the beginning insert “Where paragraph (17A) does not apply,”.
(4) After paragraph (17) insert—
“17A In the case of a doctor who has been suspended by direction of the Tribunal—
(a) the Board shall temporarily assign each of the suspended doctor’s patients to the list of one of the doctors with whom arrangements for the temporary provision of general medical services are made for the duration of those arrangements; and
(b) to the extent necessary to accommodate any additional patients temporarily assigned under sub-paragraph (a), the limitations contained in regulation 21 on the number of persons who may be on a doctor’s list shall not apply for the duration of those arrangements.
17B Where arrangements such as are referred to in paragraph (17A) are in force when a suspension by direction of the Tribunal ceases to have effect—
(a) in the case where the suspended doctor continues to be included in the medical list, the Board shall reassign to him all those patients temporarily assigned under paragraph (17A) who are still on the list of the doctor to whom they were so assigned; and
(b) in the case where he ceases to be included in the medical list the arrangements referred to in paragraph (17A) shall cease to have effect (without prejudice to any new arrangements which may be made under this regulation).”.
Amendment of regulation 35 of the principal Regulations
5. After...
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