The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

Gifts

82.—(1) The provider must keep a register of gifts which—

(a) are given to any of the persons specified in sub-paragraph (2) by or on behalf of—

(i) a patient;

(ii) a relative of a patient; or

(iii) any person who provides or wishes to provide services to the provider or its patients in connection with the agreement; and

(b) have, in its reasonable opinion, an individual value of more than £100.00.

(2) The persons referred to in sub-paragraph (1); are—

(a) the provider;

(b) where a partnership is a party to the agreement, any partner in the partnership;

(c) where a limited liability partnership is a party to the agreement, any member of the limited liability partnership;

(d) where a company is a party to the agreement—

(i) any member of the company; or

(ii) a director or secretary of the company;

(e) any person employed by the provider for the purposes of the agreement;

(f) any general medical practitioner engaged by the provider for the purposes of the agreement;

(g) any spouse or civil partner of an individual (where an individual is a party to the agreement) or of a person specified in paragraphs (b) to (f); or

(h) any person whose relationship with any individual (where an individual is a party to the agreement) or with a person specified in paragraphs (b) to (f) has the characteristics of the relationship between spouses or civil partners.

(3) Sub-paragraph (1) does not apply where—

(a) there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the provider;

(b) the provider is not aware of the gift; or

(c) the provider is not aware that the donor wishes to provide services to the provider.

(4) The provider must take reasonable steps to ensure that it is informed of gifts which fall within sub-paragraph (1) and which are given to the persons specified in sub-paragraph (2)(b) to (h).

(5) The register referred to in sub-paragraph (1) must include the following information:—

(a) the name of the donor;

(b) in a case where the donor is a patient, the patient’s National Health Service number or, if the number is not known, the patient’s address;

(c) in any other case, the address of the donor;

(d) the nature of the gift;

(e) the estimated value of the gift; and

(f) the name of the person or persons who received the gift.

(6) The provider must make the register available to the Health Board on request.