The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1999

Made9th March 1999

Laid before Parliament11th March 1999

Coming into force1st April 1999

The Secretary of State, in exercise of the powers conferred on him by sections 2(5), 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 Regulations 1999 and shall come into force on 1st April 1999.

2

In these Regulations, “the 1995 Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 19952.

Amendment of the 1995 Regulations2

1

The 1995 Regulations are amended as follows.

2

In regulation 2(1) (interpretation) after “the 1997 Act”3 there is inserted–

“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;

3

In regulation 35 (payments)–

a

in paragraph (1), for “a Board” there is substituted “the Agency” and for “in its area” there is substituted “in the area of a Board”;

b

paragraph (2) is deleted.

4

In regulation 35A (payments to suspended doctors)4, in paragraph (1) for “The Board” there is substituted “The Agency”.

5

In regulation 35B (GMS local development schemes)5, for paragraph (3) there is substituted–

3
In respect of each financial year the Agency shall make payments in accordance with the determination of the Board 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.

6

In regulation 36 (claims and overpayments)–

a

in paragraph (2) for “the Board” where it first occurs there is substituted “the Agency”;

b

in sub-paragraph (2)(b) for “regulation 8(1)” there is substituted “regulation 3(7)” and for “regulation 12” there is substituted “regulation 8”.

7

In paragraph 12A of Schedule 1 (complaints)6, in sub-paragraph (4)(a)(ii) for “Social Work (Scotland) Act 1968” there is substituted “Children (Scotland) Act 1995”7.

Sam GalbraithMinister for Health, Scottish OfficeSt Andrew’s House,Edinburgh9th March 1999

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”) which regulate the terms on which general medical services are provided under the National Health Service (Scotland) Act 1978.

The 1995 Regulations are amended to replace references to a Health Board, where these relate to payment functions, by references to the Common Services Agency to which payment functions will transfer on 1st April 1999.

The Regulations also make minor drafting amendments to the 1995 Regulations.