The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

JurisdictionScotland
CitationSSI 2004/114

2004 No. 114

NATIONAL HEALTH SERVICE

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

Made 10th March 2004

Laid before the Scottish Parliament 11th March 2004

Coming into force 1st April 2004

The Scottish Ministers in exercise of the powers conferred by sections 17P, 32E, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 and shall come into force on 1st April 2004.

S-2 Interpretation

Interpretation

2. In these Regulations–

“the Act” means the National Health Service (Scotland) Act 1978;

“the 2001 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20012;

“the 2002 Order” means the Medical Act 1983 (Amendment) Order 20023;

“the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 20034;

“the 2004 Act” means the Primary Medical Services (Scotland) Act 20045;

“appliance” means an appliance which is included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1) of the Act;

“approved medical practice” has the meaning indicated in section 11(4) of the Medical Act 19836;

“area medical committee” means the committee of that name recognised under section 9 of the Act7(local consultative committees) in the area of the Health Board;

“area pharmaceutical committee” means the committee of that name recognised under section 9 of the Act (local consultative committees) in the area of the Health Board;

“armed forces GP” means a medical practitioner, who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the armed forces of the Crown, and

(a) before the coming into force of article 10 of the 2003 Order holds either a certificate of prescribed experience under regulation 10 of, or a certificate of equivalent experience under regulation 11 of, the Vocational Training Regulations; or

(b) upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, is an eligible general medical practitioner pursuant to that paragraph, other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to that Order;

“both registers” means the register of medical practitioners and, after the coming into force of article 10 of the 2003 Order, that register and the GP Register;

“CCT” means Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;

“Committee on Professional Performance” means the Committee on Professional Performance of the General Medical Council referred to in section 1(3) of the Medical Act 19838;

“conditional disqualification” has the meaning indicated in section 29C(1) of the Act9and includes a decision under provisions in force in England, Wales or Northern Ireland corresponding to a conditional disqualification, and “conditionally disqualified” shall be construed accordingly;

“disqualification” means local or national disqualification by the Tribunal, (or a decision under provisions in force in England, Wales or Northern Ireland corresponding to local or national disqualification), but does not include conditional disqualification, and “disqualified” shall be construed accordingly;

“EEA state” means a Contracting Party to the Agreement on the European Economic Area10signed at Oporto on 2nd May 1992 as adjusted by the Protocol11signed at Brussels on 17th March 1993;

“equivalent body” means, in England, a Primary Care Trust, in Wales, a Local Health Board or, in Northern Ireland, a Health and Social Services Board;

“equivalent list” means a list kept by an equivalent body;

“first condition for disqualification” has the meaning indicated in section 29(6) of the Act12;

“Fitness to Practise Panel” means a panel constituted pursuant to paragraph 19E of Schedule 1 to the Medical Act 198313;

“fraud” means matters which it is the function of the Agency to prevent, detect or investigate by virtue of article 3(o) of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 197414;

“general medical practitioner” means a GP Registrar or–

(a) on the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the GP Register, otherwise than by virtue of paragraph 1(d) of Schedule 6 to that Order; and

(b) until the coming into force of that article, a medical practitioner who is either–

(i) until the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, suitably experienced within the meaning of section 21(2) of the Act, section 31(2) of the National Health Service Act 197715or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 197816; or

(ii) upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, an eligible general medical practitioner pursuant to that paragraph other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to the 2003 Order;

“General Medical Services Contracts Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 200417;

“GP Register” means the register kept by the General Medical Council under article 10 of the 2003 Order;

“GP Registrar”–

(a) until the coming into force of article 5 of the 2003 Order, means a medical practitioner who is being trained in general practice by a medical practitioner who–

(i) has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the Vocational Training Regulations; and

(ii) performs primary medical services; or

(b) after the coming into force of that article, means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT, or otherwise;

“GP Trainer” means a medical practitioner, other than a GP Registrar, who is–

(a) until the coming into force of article 4(5)(d) of the 2003 Order, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the Vocational Training Regulations; or

(b) from the coming into force of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i) of that Order;

“health case” has the meaning ascribed to it by section 35E(4) of the Medical Act 198318;

“licensing or regulatory body” means a body that licenses or regulates any profession of which the general medical practitioner is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;

“list” has, unless the context otherwise requires, the same meaning as in section 29(8) of the Act;

“medical practitioner” means a registered medical practitioner, and includes for the purposes of these Regulations, a person provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) or section 21 (provisional registration) of the Medical Act 198319or a person for the time being registered under section 22 (limited registration of persons by virtue of overseas qualifications) of that Act20with limited registration;

“local or national disqualification” has the meaning indicated in section 29B(2) of the Act21;

“performer” means a person included in a primary medical services performers list;

“pharmacist” means–

(a) a registered pharmacist within the meaning of the Medicines Act 196822who provides pharmaceutical services;

(b) a person lawfully conducting a retail pharmacy business in accordance with section 69 (general provisions) of that Act23who provides such services; or

(c) a supplier of appliances,

who is included in the list of a Health Board under section 27 (arrangements for provision of pharmaceutical services) of the Act24;

“primary medical services performers list” means a list of medical practitioners prepared pursuant to regulation 4(1);

“professional conduct” includes matters relating both to professional conduct and professional performance;

“Professional Conduct Committee” means the Professional Conduct Committee of the General Medical Council referred to in section 1(3) of the Medical Act;

“professional registration number” means the number against the medical practitioner’s name in the register of medical practitioners kept by the General Medical Council;

“provider of primary medical services” means a general medical practitioner, who, in addition to performing primary medical services, provides (including by virtue of being a partner in a partnership which so provides) primary medical services in accordance with arrangements under section 2C(2) (functions of Health Boards: primary medical services), an agreement under section 17C (personal medical or dental services) or a general medical services contract under section 17J (Health Board’s power to enter into general medical services contracts) of the Act25;

“register of medical practitioners” has the meaning given to it by section 2(2) of the Medical Act 198326;

“relevant service in the armed forces” means whole time service in the armed forces of the Crown in a national emergency, as a volunteer or otherwise, or a...

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