The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1989

Amendments to regulation 2 (interpretation) of the principal Regulations

2.—(1) In paragraph (1) of regulation 2 (interpretation) of the principal Regulations there shall be inserted the following definitions in appropriate alphabetical order:—

“child” means a person who has not attained the age of 16 years;

“child health surveillance list” shall be construed in accordance with regulation 4A;

“child health surveillance services” means the personal medical services described in paragraph 6C(a) in Part I and in Part 1A of Schedule 1;

“domiciliary visit” means a visit to either—

(a)

the place where the patient resides, or

(b)

the place, other than a doctor’s practice premises, where the doctor is obliged, pursuant to paragraph 10 of the terms of service, to render personal medical services to the patient;

“group practice” means an association of two or more doctors both or all of whom—

(a)

have their names included in the medical list of a Board,

(b)

co-ordinate in the course of regular contact among them, the provision of personal medical services to their patients in fulfilment of their obligations under Part I of Schedule 1, and

(c)

conduct and manage their practices from at least one common set of practice premises;

“Local Directory” means the Local Directory of Family Doctors maintained by a Board in accordance with regulation 4C;

“medical records” means, in relation to any patient, the records kept in respect of that patient in accordance with paragraph 17 of the terms of service;

“minor surgery list” shall be construed in accordance with regulation 4A;

“minor surgery services” means the personal medical services described in paragraph 6D in Part I and in Part IB of Schedule 1;

“practice premises” means, in relation to any doctor, the premises at which he is obliged under the terms of service to attend at specified times in order to be consulted by, or to provide treatment or other services for his patients;

“restricted list principal” means a doctor who has undertaken to provide general medical services only to a restricted category of patients identified by reference to their connection with a particular establishment or organisation;

“restricted services principal” means a doctor who has undertaken to a Board to provide general medical services limited to—

(a)

child health surveillance services;

(b)

contraceptive services;

(c)

maternity medical services; or

(d)

minor surgery services,

or to any combination of the above;

“Schedule” means a Schedule to these Regulations;

“terms of service” in relation to doctors means the terms of service which are contained or referred to in Part 1 of Schedule 1.

(2) In paragraph (1) aforesaid the definition of “treatment” shall be amended by substituting—

(a) for the words “contraceptive services or maternity medical services”, the words “child health surveillance services, contraceptive services, maternity medical services or minor surgery services”, and

(b) for the word “woman” the word “person”.

(3) Paragraph (2) of regulation 2 of the principal Regulations shall be deleted and there shall be substituted therefor the following:—

“(2) For the purposes of these Regulations including without prejudice to the generality of this paragraph, the purpose of determining under regulation 17 the number of persons whom a doctor may have on his list, and except where expressly provided to the contrary, a doctor shall be deemed to be carrying on practice otherwise than in partnership unless the Board or, on appeal, the Medical Practices Committee is satisfied that he—

(a) discharges the duties and exercises the powers of a principal in connection with the practice of the partnership; and,

(b) either—

(i) in the case of a doctor whose “approved hours” are not less than 26 hours per week, he is entitled to a share of the profits which is not less than one third of the share of the partner with the greatest share; or

(ii) in the case of a doctor whose approved hours are less than 26 hours per week but not less than 19 hours per week he is entitled to a share of the profits which is not less than one quarter of the share of the partner with the greatest share; or

(iii) in the case of a doctor whose approved hours are less than 19 hours per week but not less than 13 hours per week he is entitled to a share of the profits which is not less than one fifth of the share of the partner with the greatest share;

(3) In this paragraph, “approved hours” means, in relation to any doctor, the period approved by the Board in his case, pursuant to paragraph 13A of the terms of service, during which he is normally to be available to his patients.

(4) In any appeal under paragraph (2) the Medical Practices Committee shall admit to any hearing of such appeal such persons not exceeding two in number as may be appointed for the purpose by an organisation recognised by the Secretary of State as representative of the medical profession, and shall allow such persons to address the Committee before deciding on the appeal.

(5) These Regulations shall apply to a person (other than a chemist, doctor or dental practitioner) providing pharmaceutical services as they apply to a chemist.”.

(4) Paragraph (3) of regulation 2 of the principal Regulations shall be renumbered (6) and paragraph (4) shall be omitted.