National Health Service (General Medical Services) (Scotland) Amendment Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/842 |
| Year | 1996 |
1996 No. 842 (S.97)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1996
Made 18th March 1996
Laid before Parliament 19th March 1996
Coming into force 1st April 1996
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:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) (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 (General Medical Services) (Scotland) Regulations 19952.
Amendment of regulation 4 of the principal Regulations
2. In regulation 4 of the principal Regulations (medical list), at the end of paragraph (5)(f) insert—
“and
(g)
(g) whether they have made arrangements under paragraph 17A(2) of the terms of service transferring responsibility for their patients at certain times to other doctors, and, if so, the names of the doctors to whom and the times during which they have so transferred responsibility”.
Amendment of regulation 21 of the principal Regulations
3. In regulation 21 of the principal Regulations (limitation of number of persons on doctors' lists), in paragraph (1), for “paragraph 18” substitute “paragraphs 17 or 17A”.
Amendment of Schedule 1 to the principal Regulations
4.—(1) Schedule 1 to the principal Regulations (terms of service for doctors) is amended as follows.
(2) In paragraph 4(1) (persons for whose treatment the doctor is responsible) at the end of head (k) insert—
“(l)
“(l) any person for whom he has accepted responsibility under an arrangement made under paragraph 17A(2).”.
(3) After paragraph 12, insert the following new paragraphs:—
“Complaints(12A) (1) Subject to sub-paragraph (2), a doctor shall establish, and operate in accordance with this paragraph, a procedure (in this paragraph and in paragraph 12B referred to as a “practice based complaints procedure”) to deal with any complaints made by or on behalf of his patients and former patients.(2) The practice based complaints procedure to be established by a doctor may be such that it also deals with complaints made in relation to one or more other doctors.(3) A practice based complaints procedure shall apply to complaints made in relation to any matter reasonably connected with the doctor’s provision of general medical services and, where appropriate the supply by him of drugs and appliances under regulation 34, and within the responsibility or control of—(a) the doctor;(b) any other doctor either employed by him or engaged as his deputy;(c) a former partner of the doctor;(d) an employee of the doctor other than one falling within head (b),and in this paragraph and paragraph 12B, references to complaints are to complaints falling within this sub-paragraph.(4) A complaint may be made on behalf of a patient or former patient with his consent, or—(a) where the patient is a child—(i) by either parent, or in the absence of both parents, the guardian or other adult person who has care of the child, or(ii) in the care of an authority for the purposes of the Social Work (Scotland) Act 19683 or in the care of a voluntary organisation, by that authority or voluntary organisation; or(b) where the patient is incapable of making a complaint, by a relative or other adult person who has an interest in his welfare.(5) Where a patient has died a complaint may be made by a relative or other adult person who had an interest in his welfare or, where the patient was as described in head (a)(ii) of sub-paragraph (4), by the authority or voluntary organisation.(6) A practice based complaints procedure shall comply with the following requirements:—(a) the doctor shall specify a person (who need not be connected with the practice and who, in the case of an individual, may be specified by his job title) to be responsible for receiving and investigating all complaints;(b) all complaints shall be—(i) recorded in writing,(ii) acknowledged, either orally or in writing, within the period of three days (excluding Saturdays, Sundays, Christmas Day, New Year’s Day and other public or local holidays agreed with the Board) beginning with the day on which the complaint was received by the person specified in head (a) or, where that is not possible, as soon as reasonably practicable, and(iii) properly investigated;(c) within the period of 10 days (excluding Saturdays, Sundays, Christmas Day, New Year’s Day and other public or local holidays agreed with the Board) beginning with the day on which the complaint was received by the person specified in head (a) or, where that is not possible...
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