1998 No. 1600 (S.85)
The National Health Service (General Medical Services) (Scotland) Amendment (No.3) Regulations 1998
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 19, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Health Service (General Medical Services) (Scotland) Amendment (No.3) Regulations 1998 and shall come into force on 27th July 1998.
2
In these Regulations, “the 1995 Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 1995(2
GMS local development schemes2
1
In regulation 35 of the 1995 Regulations (payments), at the beginning of paragraph (1), insert “Subject to regulation 35B,”.
2
After regulation 35A(3 insert–
GMS local development schemes35B
1
A Board may as respects any financial year establish one or more GMS local development schemes if–
a
the Secretary of State has for the purposes of any such scheme as it may establish designated the Board as the determining authority for the remuneration of doctors whose names are included in its medical list; and
b
such remuneration is of a description designated by the Secretary of State in relation to that financial year for the purposes of section 85(1AA)(b) of the National Health Service (Scotland) Act 1978(4
2
Schedule 8A defines a GMS local development scheme, and makes further provision in connection with such schemes.
3
In respect of each financial year the Board shall make payments in accordance with its determination under the said section 85(1AA)(b) to those doctors whose names are included in its medical list who qualify by virtue of the determination for such payments.
4
As soon as reasonably possible after the end of each financial year, the Board shall publish the following information about the GMS local development schemes established in its area as respects that financial year:–
a
the aggregate amount of all the payments under paragraph (3) made or due to doctors in respect of that financial year for all the Board’s GMS local development schemes taken together;
b
the number of doctors to whom such payments have been made; and
c
a description of the aspects of general medical services which were the subject of the Board’s GMS local development schemes in that financial year.
3
In regulation 36 of the 1995 Regulations (claims and overpayments), in paragraph (1), at the end insert “or (as the case may be) with the terms of a GMS local development scheme”.
4
After Schedule 8 to the 1995 Regulations, insert Schedule 8A as set out in the Schedule to these Regulations.
SCHEDULENEW SCHEDULE 8A TO BE INSERTED IN 1995 REGULATIONS
SCHEDULE 8AGMS LOCAL DEVELOPMENT SCHEMES
1
1
A GMS local development scheme is one whereby payments are made to doctors in respect of the provision by them of general medical services to standards or in ways specified in the scheme.
2
A GMS local development scheme–
a
may not provide for payments in respect of any service which does not form part of general medical services; but
b
subject to paragraph 4, may include provision for the payments referred to in sub-paragraph (1) to take account of any additional need which the doctor may have for computers, premises and practice staff in consequence of his providing general medical services to the standards or in the ways specified in the scheme.
3
A Board may have more than one GMS local development scheme, and may amend or revoke any of them.
4
A GMS local development scheme may apply throughout the Board’s area, or may be limited in any way the Board thinks appropriate.
5
A GMS local development scheme shall be published by the Board in a way which is suitable for bringing it to the attention of the doctors whose names are included in its medical list.
2
A GMS local development scheme must specify what a doctor must do in order to become eligible for the payments in question.
3
1
Before establishing a GMS local development scheme the Board must satisfy itself–
a
that the provision of general medical services in its area will not be in any way reduced in quality or availability as a result of the proposed GMS local development scheme; and
b
that the scheme would help to make improvements in the provision of general medical services in its area (or in the part of its area to which the scheme relates).
2
Eligibility on the part of a doctor for payments under a GMS local development scheme may be subject to conditions, including conditions designed to secure as respects the doctor’s provision of general medical services that the standards referred to in sub-paragraph (1)(a) are maintained, and the improvements referred to in sub-paragraph (1)(b) are made.
4
1
Subject to sub-paragraph (2), a GMS local development scheme may not provide for payments in respect of anything for which specific payment is provided in the Statement referred to in regulation 35(1).
2
In any case where–
a
the Statement provides for a payment to be determined by the Board, whether or not subject to a ceiling; and
b
but for that determination or, as the case may be, the ceiling, a higher payment could have been made under the Statement,
a GMS local development scheme may provide for additional payments in respect of the same thing.
3
In sub-paragraphs (1) and (2), references to the Statement include references to any amending Statement.
4
If, after a Board has established a GMS local development scheme, an amending Statement introduces specific payments which mean the GMS local development scheme then contravenes sub-paragraph (1), the GMS local development scheme shall (to that extent) come to an end on the date the amending Statement (or the relevant part of it) comes into effect.
(This note is not part of the Regulations)