Primary Medical Services (Scotland) Act 2004
| Jurisdiction | Scotland |
| Citation | 2004 asp 1 |
| Year | 2004 |
(1) The National Health Service (Scotland) Act 1978 (c. 29) (referred to in this Act as “the 1978 Act”) is amended as follows.(2) After section 2 (constitution of Health Boards) insert—“ primary medical services ” ,in subsection (2) , for “; but (b) ” substitute—“ , a section 28C employee or (in the case of an agreement under which primary medical services are provided) an Article 15B employee ” ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .after “section” in the first place where it occurs insert—“ or, in relation to paragraph (b) below, Northern Ireland ” ,in that definition, for paragraph (b) substitute—
- “(1) Every Health Board—
- (a) must, to the extent that they consider necessary to meet all reasonable requirements, provide or secure the provision of primary medical services as respects their area; and
- (b) may, to such extent, provide or secure the provision of primary medical services as respects the area of another Health Board, and primary medical services provided, or the provision of which is secured, by a Health Board under or by virtue of this subsection may be performed outside their area.
- “(2A) An agreement made under this section—
- (a) for the provision of primary medical services may include arrangements for the provision of services which are not primary medical services and may provide for such other services to be performed in any place where, by virtue of section 2C, primary medical services may be performed;
- (b) for the provision of personal dental services
- (b) in the case of an agreement under which primary medical services are provided—
- (i) a medical practitioner who satisfies the prescribed conditions;
- (ii) a health care professional who satisfies the prescribed conditions;
- (iii) a person who is providing primary medical services in accordance with a general medical services contract;
- (iv) a person who is providing primary medical services in accordance with a section 28Q contract or an individual who is providing general medical services in accordance with Article 56 of the 1972 Order;
- (v) a person who is providing primary medical services in accordance with section 17C arrangements or section 28C arrangements or personal medical services in accordance with Article 15B arrangements;
- (vi) an individual who is providing general dental services;
- (vii) a person who is providing primary dental services in accordance with a section 28K contract or an individual who is providing general dental services in accordance with Article 61 of the 1972 Order;
- (viii) a person who is providing personal dental services in accordance with section 17C arrangements;
- (ix) a person who is providing primary dental services in accordance with section 28C arrangements or personal dental services in accordance with Article 15B arrangements;
- “the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14) ) ;
- “Article 15B arrangements” means arrangements for the provision of services made under Article 15B of the 1972 Order;“Article 15B employee” means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing those services;“health care professional” means a member of a profession which is regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) ;“Local Health Board” has the same meaning as in the 1977 Act;
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(b) in the case of an agreement under which primary medical services are provided—
- (i) a Health Board;
- (ii) a Primary Care Trust or a Local Health Board;
- (iii) an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust;
- (iv) a person who is providing primary medical services in accordance with a general medical services contract or a section 28Q contract or an individual who is providing general medical services in accordance with Article 56 of the 1972 Order;
- (v) an individual who is providing general dental services;
- (vi) a person who is providing primary dental services in accordance with a section 28K contract or an individual who is providing general dental services in accordance with Article 61 of the 1972 Order;
- (a) where the arrangements are for the provision of primary medical services, a person providing services in accordance with the arrangements;
- (b) where the arrangements are for the provision of personal dental services, an individual providing services in accordance with the arrangements
- “section 28K contract” means a general dental services contract under section 28K of the 1977 Act; and“section 28Q contract” means a general medical services contract under section 28Q of the 1977 Act.
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