The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

1. Introductory Text

2. PART 1

   1. 1. Citation and commencement

   2. 2. Application

   3. 3. Interpretation

3. PART 2

   1. 4. Conditions: general

   2. 5. Conditions relating solely to medical practitioners

   3. 6. General conditions relating to all contracts

   4. 7. Further conditions relating to all contracts

   5. 8. Reasons

   6. 9. Appeal

   7. 10. Continuing conditions relating to contracts

   8. 11. Continuing conditions relating to contracts – sufficient involvement in patient care

4. PART 3

   1. 12. Pre-contract disputes

5. PART 4

   1. 13. Health service body status

6. PART 5 CONTRACTS: MANDATORY TERMS

   1. 14. Parties to the contract

   2. 15. NHS contracts

   3. 16. Contracts with a partnership

   4. 17. Duration

   5. 18. Essential services

   6. 18A. Health Board support for contractors

   7. 19. Additional services

   8. 20. Opt outs of additional services

   9. 20A. Requirement to provide vaccination services

   10. 21. Services generally

   11. 22. Services generally

   12. 23. Services generally

   13. 24. Additional obligations in relation to practice premises

   14. 25. Certificates

   15. 26. Finance

   16. 27. Finance

   17. 28. Fees and charges

   18. 29. Arrangements on termination

   19. 30. Other contractual terms

   20. 31. Implied contract terms

7. PART 6

   1. 32. Functions of area medical committee

8. PART 7 TRANSITIONAL PROVISIONS

   1. 33. Out of hours

   2. 33A. Transitional arrangements for vaccination and immunisation services

9. PART 8

   1. 34. Revocations

   2. 35. Consequential amendments

10. Signature

11. 1. SCHEDULE 1

       ADDITIONAL SERVICES

       1. 1. Additional services generally

       2. 2. Cervical screening

       3. 3. Contraceptive services

       4. 4. Vaccinations and immunisations

       5. 5. Childhood vaccinations and immunisations

       6. 6. Child health surveillance

       7. 7. Maternity medical services

    2. SCHEDULE 2

       OPT OUTS OF ADDITIONAL SERVICES

       1. 1. Opt outs of additional services: general

       2. 2. Temporary opt outs and permanent opt outs following temporary opt outs

       3. 3. Permanent opt outs

       4. 4. Informing patients of opt-outs

    3. SCHEDULE 2A

       VACCINATION SERVICES

       1. 1. Requirement to provide vaccination services

       2. 2. Conditions which apply to all vaccination services

       3. 3. Vaccinations and immunisations

       4. 4. Childhood vaccinations and immunisations

       5. 5. Supplementary vaccinations and immunisations

    4. SCHEDULE 3

       MINIMUM STANDARDS FOR PRACTICE PREMISES

       1. 1. The contractor must ensure that it meets minimum standards for...

    5. SCHEDULE 4

       LIST OF PRESCRIBED MEDICAL CERTIFICATES

    6. SCHEDULE 5

       FEES AND CHARGES

       1. 1. The contractor may demand or accept a fee or other...

    7. SCHEDULE 6

       OTHER CONTRACTUAL TERMS

       1. PART 1 PROVISION OF SERVICES

          1. 1. Premises

          2. 2. Telephone services

          3. 3. Attendance at practice premises

          4. 4. Attendance outside practice premises

          5. 5. Newly registered patients

          6. 6. Clinical reports

          7. 7. Storage of vaccines

          8. 7A. Anaphylaxis training

          9. 8. Infection control

          10. 9. Duty of co-operation in relation to additional , enhanced services and vaccination services

          11. 10. Duty of co-operation in relation to additional , enhanced services and vaccination services

          12. 10A. Duty to co-operate with Health Board support for contractors

       2. PART 2 PATIENTS

          1. 11. List of patients

          2. 12. Application for inclusion in a list of patients

          3. 13. Temporary residents

          4. 14. Refusal of application for inclusion in the list of patients or for acceptance as a temporary resident

          5. 15. Patient preference of practitioner

          6. 16. Removal from the list at the request of the patient

          7. 17. Removal from the list at the request of the contractor

          8. 18. Removal from the list of patients who are violent

          9. 19. Removals from the list of patients registered elsewhere

          10. 20. Removals from the list of patients who have moved

          11. 21. Removals from the list of patients who have moved

          12. 22. Removals from the list of patients absent from the United Kingdom etc.

          13. 23. Removals from the list of patients accepted elsewhere as temporary residents

          14. 24. Removals from the list of pupils etc. of a school

          15. 25. Termination of responsibility for patients not registered with the contractor

          16. 26. Closure of lists of patients

          17. 27. Approval of closure notice by the Health Board

          18. 28. Rejection of closure notice by the Health Board

          19. 29. Assignment of patients to lists: open lists

          20. 30. Assignment of patients to lists: closed lists

          21. 31. Factors relevant to assignments

          22. 32. Assignments to closed lists: determinations of the assessment panel

          23. 33. Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

          24. 34. Assignments to closed lists: assignments of patients by a Health Board

          25. 35. Assignments of patients to lists at request of contractor

          26. 36. Application for variation of a practice area

          27. 37. Rejection of a practice area variation request

       3. PART 3 PRESCRIBING AND DISPENSING

          1. 38. Prescribing

          2. 39. Prescribing

          3. 40. Restrictions on prescribing by medical practitioners

          4. 41. Restrictions on prescribing by supplementary prescribers

          5. 42. Interpretation of paragraphs 38 to 41

          6. 43. Excessive prescribing

          7. 44. Provision of dispensing services

          8. 45. Provision of drugs, medicines and appliances for immediate treatment or personal administration

       4. PART 4 PERSONS WHO PERFORM SERVICES

          1. 46. Qualifications of performers

          2. 47. Qualifications of performers

          3. 48. Qualifications of performers

          4. 49. Qualifications of performers

          5. 50. Conditions for employment and engagement

          6. 51. Conditions for employment and engagement

          7. 52. Conditions for employment and engagement

          8. 53. Conditions for employment and engagement

          9. 54. Training

          10. 55. Training

          11. 56. Terms and conditions

          12. 57. Arrangements for GP Registrars

          13. 58. Independent prescribers and supplementary prescribers

          14. 59. Signing of documents

          15. 60. Level of skill

          16. 61. Appraisal and assessment

          17. 62. Sub‑contracting of clinical matters

       5. PART 5 DATA PROTECTION, RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

          1. 63. Interpretation – general

          2. 64A. Meaning of controller etc.

          3. 65. Roles, responsibilities and obligations – general

          4. 66. Contractor’s obligations – records etc.

          5. 67. Health Board Obligations – records etc.

          6. 68. Records

          7. 69. Processing and access of data

          8. 70. Data protection officer

          9. 71. GP IT Services

          10. 72. Patient online appointment services

          11. 73. Confidentiality of personal data

          12. 74. Practice leaflet

          13. 74A. Practice websites

          14. 75. Inquiries about prescriptions and referrals

          15. 76. Provision of information to a medical officer etc.

          16. 77. Annual return and review

          17. 78. Notifications to the Health Board

          18. 79. Notifications to the Health Board

          19. 80. Notifications to the Health Board

          20. 81. Notice provisions specific to a contract with a company

          21. 82. Notice provisions specific to a contract with persons practising in partnership

          22. 83. Notice provisions specific to a contract with persons practising in a limited liability partnership

          23. 84. Notification of deaths

          24. 85. Notifications to patients following variation of the contract

          25. 86. Entry and inspection by the Health Board

       6. PART 6 COMPLAINTS

          1. 87. Complaints procedure

          2. 88. Co-operation with investigations

       7. PART 7 DISPUTE RESOLUTION

          1. 89. Local resolution of contract disputes: local dispute resolution process

          2. 90. Dispute resolution: non-NHS contracts

          3. 91. NHS dispute resolution procedure

          4. 92. Determination of dispute

          5. 93. Interpretation of Part 7

       8. PART 8 VARIATION AND TERMINATION OF CONTRACTS

          1. 94. Variation of a contract: general

          2. 95. Variation of a contract: execution

          3. 96. Termination by agreement

          4. 97. Termination on the death of an individual medical practitioner

          5. 98. Termination by the contractor

          6. 99. Late payment notices

          7. 100. Termination by the Health Board: general

          8. 101. Termination by the Health Board for breach of conditions in regulation 10

          9. 102. Termination by the Health Board for breach of conditions in relation to provision of information about compliance with regulations 5, 6, 7, 10 and 11

          10. 103. Other grounds for termination by the Health Board

          11. 104. Other grounds for termination by the Health Board

          12. 105. Termination by the Health Board for unlawful sub-contracting

          13. 106. Termination by the Health Board: remedial notices and breach notices

          14. 107. Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares

          15. 108. Contract sanctions

          16. 109. Contract sanctions and the dispute resolution procedure

          17. 110. Termination and the NHS dispute resolution procedure

          18. 111. Consultation with the area medical committee

          19. 112. Where the contractor changes from being an individual to a partnership

          20. 113. Where the contractor changes from being a partnership to an individual

       9. PART 9 MISCELLANEOUS

          1. 114. Clinical governance

          2. 115. Medical Indemnity Insurance

          3. 116. Public Liability Insurance

          4. 117. Gifts

          5. 118. Duty of candour

          6. 119. Compliance with legislation and guidance

          7. 120. Third party rights

       10. PART 10 QUALITY

           1. 121. Duty to participate in quality arrangements

           2. 122. Quality arrangements

    8. SCHEDULE 7

       CLOSURE NOTICE

    9. SCHEDULE 8

       PRACTICE INFORMATION

       1. 1. The name of the contractor.

       2. 2. In the case of a contract with a partnership—

       3. 3. In the case of a contract with a company—

       4. 4. In the case of a contract with a limited liability...

       5. 5. The full name of each person performing services under the...

       6. 6. In the case of each health care professional performing services...

       7. 7. Whether the contractor undertakes the teaching or training of health...

       8. 8. The contractor’s practice area, by reference to a map, plan...

       9. 9. The address of each of the practice premises.

       10. 10. The contractor’s telephone number and the address of the contractor’s...

       11. 11. Where the contractor offers its registered patients an online service...

       12. 12. Whether the practice premises have suitable access for all disabled...

       13. 13. How to register as a patient.

       14. 14. The right of patients to express a preference of practitioner...

       15. 15. The services available under the contract.

       16. 16. The opening hours of the practice premises and the method...

       17. 17. The criteria for home visits and the method of obtaining...

       18. 18. (1) Details of— (a) the out of hours period as...

       19. 19. If the services in paragraph 18 are not provided by...

       20. 19A. The details of the arrangements for the delivery of vaccinations...

       21. 20. The telephone number of NHS 24 and details of the...

       22. 21. The method by which patients are to obtain repeat prescriptions....

       23. 22. If the contractor is a dispensing contractor the arrangements for...

       24. 23. How patients may make a complaint or comment on the...

       25. 24. The rights and responsibilities of the patient, including keeping appointments....

       26. 25. The action that may be taken where a patient is...

       27. 26. Details of who has access to patient information (including information...

       28. 27. The name, address and telephone number of the Health Board...

    10. SCHEDULE 9

        REVOCATIONS

    11. SCHEDULE 10

        CONSEQUENTIAL AMENDMENTS

        1. 1. The National Health Service (Scotland) (Injury Benefits) Regulations 1998

        2. 2. The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

        3. 3. The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004

        4. 4. The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

        5. 5. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

        6. 6. The National Health Service Superannuation Scheme (Scotland) Regulations 2011

        7. 7. The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

        8. 8. The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

        9. 9. The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

        10. 10. National Health Service Pension Scheme (Scotland) Regulations 2015

12. Explanatory Note