SCHEDULES

SCHEDULE 19Minor and consequential amendments

PART 2Amendments of other legislation

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (S.S.I. 2018/67)

426

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 are amended as follows.

427

1

Regulation 1 (citation and commencement) is amended as follows.

2

In paragraph (2), omit “Subject to paragraph (3),”.

3

Omit paragraph (3).

428

In regulation 3(1) (interpretation)—

a

omit the definition of “the 1998 Act”, and

b

at the appropriate place insert—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

c

omit the definition of “GDPR”.

429

1

Schedule 1 (content of agreements) is amended as follows.

2

In paragraph 34 (interpretation)—

a

in sub-paragraph (1)—

i

omit “Subject to sub-paragraph (3),”,

ii

before paragraph (a) insert—

za

“controller” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(6) and (14) of that Act);

zb

“data protection officer” means a person designated as a data protection officer under the data protection legislation;

iii

for paragraph (d) substitute—

e

“personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).

b

omit sub-paragraphs (2) and (3),

c

in sub-paragraph (4), for “the 1998 Act and any directly applicable EU instrument relating to data protection” substitute

—

a

the data protection legislation, or

b

any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection.

d

in sub-paragraph (6)(b), for “data controllers” substitute “ controllers ”.

3

In paragraph 37(2)(a) (processing and access of data), for “the 1998 Act, and any directly applicable EU instrument relating to data protection;” substitute

—

i

the data protection legislation, and

ii

any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;

4

In paragraph 61(3) (variation of agreement: general)—

a

omit paragraph (b), and

b

after paragraph (d) (but before the final “and”) insert—

da

the data protection legislation;

db

any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;