The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2004

Amendment of the National Health Service (General Medical Services) (Scotland) Regulations 1995

2.—(1) The National Health Service (General Medical Services) (Scotland) Regulations 1995(1) are amended as follows.

(2) In regulation 4(1) (medical list) after “doctors” insert “, subject to the provisions of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004(2)”.

(3) In regulation 5(6) (amendment of or withdrawal from the medical list)–

(a) for “(disqualification of practitioners) that his continued inclusion in the medical list would be prejudicial to the efficient provision of general medical services” substitute “(the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)(3)”; and

(b) after “representations” in the second place where it occurs insert “, request for review or review”.

(4) In Schedule 1 (terms of service)–

(a) in paragraph 17A (out of hours arrangements)(4) for sub-paragraph (7)(h)(i) substitute–

“(i) he has been notified under regulation 9(1) (notices to be sent to respondent and any other Health Board or primary care NHS trust in case of an inquiry) or 24(4) (procedure in regard to application to the Tribunal for a review) of the National Health Service (Tribunal) (Scotland) Regulations 2004 that the Tribunal intends to hold an inquiry as to representations or an application made in relation to him;”;

(b) in paragraph 18(12)–

(i) after “list” insert “and supplementary list”; and

(ii) for “29” substitute “29B(5) or 30”;

(c) in paragraph 19(2)(a)(i)(6) for “29(3)(c)” substitute “29B(3) or 30(6)”;

(d) in paragraph 20A(a)(7)–

(i) for “29(3)(b)” substitute “29B(2) or 30(2) or (5)”;

(ii) after “list” insert “and supplementary list”; and

(iii) for “29(3)(c)” substitute “29B(3) or 30(6)”.

(1)

S.I. 1995/416. Relevant amending instruments are S.I. 1995/3199, 1996/842, 1997/943, 1998/660, 2002/3135 and S.S.I. 2003/64.

(2)

S.S.I. 2004/38.

(3)

Section 30 was substituted by the Health Act 1999 (c. 8), section 58(2) and amended by the Community Care and Health (Scotland) Act 2002 asp 5; schedule 2, paragraph 2(7).

(4)

Paragraph 17A was inserted by S.I. 1996/842, and amended by S.I. 1998/660 and 2002/3135.

(5)

Section 29B was inserted by the Health Act 1999 (c 8), section 58(1) and amended by the Community Care and Health (Scotland) Act 2002 asp 5, schedule 2, paragraph 2(6).

(6)

Paragraph 19 was substituted by S.I. 1997/943 and amended by S.I. 1998/660 and S.S.I. 2003/64.

(7)

Paragraph 20A was inserted by S.I. 1998/660.