National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/506 |
| Year | 1974 |
1974 No. 506 (S. 41)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 197419thMarch 1974
29thMarch 1974
1stApril 1974
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
Regulation
1. Citation and commencement.
2. Interpretation.
PART II
DOCTORS
3. Terms of service for doctors.
4. Medical list.
5. Removal from medical list of names of doctors not providing services.
6. Application for inclusion in medical list.
7. Reports by Board to Medical Practices Committee.
8. Succession to vacant medical practices.
9. Exchange of practices.
10. Advertisement of vacancies.
PART III
SCOTTISH MEDICAL PRACTICES COMMITTEE
11. Appointment of members and tenure and vacation of office.
12. Procedure for the determination of applications.
13. Appeal to the Secretary of State.
14. Certificate that transaction does not involve sale of goodwill.
PART IV
GENERAL MEDICAL SERVICES OTHER THAN MATERNITY MEDICAL SERVICES
15. Selection of doctor.
16. Assignment of persons to doctors.
17. Limitation of number of persons in doctors' lists.
18-19. Change of doctor.
20. Temporary arrangements for practice on retirement, death, etc.
21. Removal of person from doctor's list.
22. Temporary residents.
23. Doctors' lists.
PART V
MATERNITY MEDICAL SERVICES
24. Application for services.
25. Change of doctor.
26. Temporary residents.
PART VI
PHARMACEUTICAL SERVICES
27. Terms of service for chemists.
28. Pharmaceutical list.
29. Schemes for securing proper pharmaceutical service.
PART VII
SUPPLY OF DRUGS, ETC., BY DOCTORS
30. Arrangements for supply by doctors of drugs and appliances.
PART VIII
PAYMENTS
31. Payments to doctors.
32. Payments to chemists and standards of drugs and appliances.
PART IX
MISCELLANEOUS
33. Publication of particulars.
34. Service of documents.
35. Exercise of choice of doctor or chemist in certain cases.
36. Revocations.
SCHEDULES
SCHEDULE 1. Terms of service for doctors.
PART I
GENERAL
Paragraphs
1. Interpretation.
2. Incorporation of provisions of regulations, etc.
3. Alteration of terms of service.
4-5. Persons for whose treatment the doctor is responsible.
6. Acceptance of patients.
7. Right of a doctor to have patient removed from his list.
8. Evidence of person's title to obtain treatment.
9. Service to patients.
10. Treatment of patients.
11-12. Absences, deputies, assistants and partners.
13. Arrangements at practice premises.
14. Practice area.
15-16. Prescribing and dispensing.
17-18. Records.
19. Reports to the medical officer.
20. Acceptance of fees.
21-22. Withdrawal from the medical list.
SCHEDULE 2. Form of certificate to be issued by the Scottish Medical Practices Committee under Section 36(9) of the National Health Service (Scotland) Act 1947.
SCHEDULE 3.
PART I
Terms of service for chemists (other than those employed by a Health Board at a health centre)
1. Interpretation.
2. Provision of pharmaceutical services.
3. Place and hours of business.
4. Dispensing of medicines.
5. Names of registered pharmaceutical chemists.
6. Drugs, etc., to be supplied without charge.
7. Method of payment.
8. Revision of terms of service.
9. Withdrawal from pharmaceutical list.
10. Incorporation of provisions.
PART II
Terms of service for chemists employed by a Health Board at a health centre
1. Interpretation.
2. Provision of pharmaceutical services.
3. Attendance.
4. Dispensing of medicines.
5. Remuneration.
6. Records, etc.
7. Revision of terms of service.
8. Termination of service.
9. Incorporation of provisions.
PART III
Form of application for inclusion in pharmaceutical list for use by chemists
PART IV
Form of application for inclusion in pharmaceutical list for use by persons other than chemists
PART V
Form of notice to be exhibited by chemists
PART VI
Form of notice to be exhibited by persons other than chemists
SCHEDULE 4. List of prescribed medical certificates
SCHEDULE 5. Provisions conferring powers exercised in making these regulations.
SCHEDULE 6. Regulations revoked.
In exercise of the powers conferred on me by the provisions set out in Column 1 of Schedule 5 to these regulations as amended by the provisions set out in Column 2 of the said Schedule, and of all other powers enabling me in that behalf, I hereby make the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974, and shall come into operation on 1st April 1974.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires:—
"the Act" means the National Health Service (Scotland) Act 1947(a) as amended by subsequent enactments;
"the Act of 1972" means the National Health Service (Scotland) Act 1972(b);
"appliance" means an appliance which is a listed appliance within the meaning of section 40(1) of the Act;
"area" means in relation to a Board the area for which the Board is constituted;
"area dental committee" means the committee of that name for the area of a Board recognised under section 16 of the Act of 1972;
"area medical committee" means the committee of that name for the area of a Board recognised under section 16 of the Act of 1972;
"area pharmaceutical committee" means the committee of that name for the area of a Board recognised under section 16 of the Act of 1972;
"assistant" means a doctor who is acting as an assistant to a doctor on the medical list and for the purposes of paragraph 12 of Part I of Schedule 1 to these regulations shall include a trainee general practitioner;
(a) 1947 c. 27.
(b) 1972 c. 58.
"Board" means Health Board within the meaning of the Act of 1972;
"chemical reagent" means a chemical reagent which is included in a list for the time being approved by the Secretary of State for the purposes of section 40(1) of the Act;
"chemist" means a registered pharmacist within the meaning of the Medicines Act 1968(a) who provides pharmaceutical services, or a person lawfully conducting a retail pharmacy business in accordance with section 69 of that Act who provides such services;
"doctor" means a fully registered medical practitioner;
"drugs" includes medicines and chemical reagents;
"Drug Tariff" has the meaning assigned to it in regulation 32 of these regulations;
"health centre" means premises provided by the Secretary of State in accordance with the provisions of section 2(1)(b) of the Act of 1972 to which section 2(2) of that Act applies;
"listed drugs" means such drugs and medicines as are included in a list for the time being approved by the Secretary of State for the purposes of section 40(1) of the Act;
"maternity medical services" means the provision of personal medical services during and following pregnancy and labour in respect of all conditions arising therefrom by a doctor who has agreed to provide such services;
"medical card" means a card issued to a person, in a form approved by the Secretary of State, for the purpose of enabling him to obtain, or establishing his title to receive, general medical services other than maternity medical services from a doctor, and shall include any similar card provided for a similar purpose under the National Health Insurance (Medical Benefit) Regulations (Scotland) 1938(b);
"medical list" has the meaning assigned to it in regulation 4(1);
"medical officer" means a doctor in the service of the Secretary of State;
"the Medical Practices Committee" means the Scottish Medical Practices Committee;
"practice area" means the area in which a doctor is under an obligation to visit patients either by virtue of his application for inclusion in the medical list or of any variation therein in accordance with the regulations or terms of service;
"relevant service" means whole-time service in the armed forces of the Crown in a national emergency as a volunteer or otherwise, or compulsory whole-time service in those forces, including service resulting from any reserve liability, or any equivalent service by a person liable for compulsory whole-time service in those forces;
"trainee general practitioner" means a doctor who is being trained in general practice under an arrangement approved by the Secretary of State;
"treatment" means medical attendance and treatment, and includes the issue of certificates referred to in Schedule 4 to the regulations being medical certificates reasonably required under, or for the purpose of, any enactment and the keeping and forwarding of any records and the furnishing of any information in accordance with the terms of service set out in Part I of Schedule 1 to these regulations but does not include maternity medical services unless the doctor has undertaken by arrangement to provide such services to the woman concerned.
(a) 1968 c. 67.
(b) S.R. & O. 1938/609 (1938 II, p. 2379).
(2)(a) For the purposes of these regulations, except where expressly provided to the contrary, a practitioner shall be deemed not to be carrying on practice in partnership or to be a partner unless in the opinion of the Board, or on appeal, the Medical Practices Committee, he is in the position of a principal in connection with the practice and is entitled to a share in the profits of the partnership which is not less than one-third of the share of the profits of the partner with the largest share:
Provided that the Medical Practices Committee shall admit to any hearing of such appeal such persons not exceeding two in number as may be appointed for the purpose by an organisation recognised by the Secretary of State as representative of the medical profession, and shall consult such persons before determining the appeal.
(b) A practitioner who by virtue of this paragraph is deemed not to be a partner shall be deemed to be an assistant.
(3) Unless the context otherwise requires, references in these regulations to any enactment shall be construed as references to that enactment as amended or re-enacted by any subsequent enactment.
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