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

Regulation 6(1)

SCHEDULE 1 INFORMATION, DECLARATIONS, AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN A PRIMARY MEDICAL SERVICES PERFORMERS' LIST

1.  An application shall contain the following information:–

(a) the applicant’s full name, sex, date of birth and private address and telephone number;

(b) a full description of the applicant’s medical qualifications including the institution which awarded them;

(c) the applicant’s professional registration number and date of first registration in both registers;

(d) chronological details of the applicant’s professional experience (including the starting and finishing dates of each appointment together with explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;

(e) in relation to the applicant’s professional experience provided under (d), the applicant shall separate that information into –

(i) general practice experience;

(ii) hospital appointments; and

(iii) other experience (including obstetric experience),

with full supporting particulars of that experience;

(f) details of any list or equivalent list from which the applicant has ever been disqualified, conditionally disqualified, removed or suspended or to which admission was refused together with reasons for disqualification, conditional disqualification, removal, suspension or refusal;

(g) name and addresses of two referees who are willing to provide clinical references relating to two recent posts as a medical practitioner which lasted at least 3 months without a significant break and which may include a current post, or, where this is not possible a full explanation and name and address of an alternative referee or referees;

(h) if the applicant is a national of an EEA state, evidence that the applicant has a knowledge of English which, in the interests of the applicant and of patients who may receive primary medical services from the applicant, is necessary for performing primary medical services;

(i) whether the applicant is a provider of primary medical services;

(j) if the applicant is a provider of primary medical services, whether the applicant is a provider under more than one arrangement, agreement or contract to provide primary medical services and, if so, details of the other arrangement(s), agreement(s) or contract(s);

(k) if the applicant is the director or one of the persons with control of a corporate body, the name and registered office of that body;

(l) whether the applicant is an armed forces GP;

(m) if the applicant is a GP Registrar, the name and address of the GP Trainer;

2.  An application shall contain the following declarations as to whether or not the applicant:–

(a) is a medical practitioner included in both registers;

(b) if the applicant is a GP Registrar, and is not a fully registered medical practitioner included in register of medical practitioners, that the applicant is registered in that register with limited registration, with details of the limits of that registration, as defined in the direction by virtue of which the applicant is registered;

(c) has been convicted of a criminal offence in the United Kingdom;

(d) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(e) is currently the subject of any proceedings which might lead to a conviction specified in sub paragraph (c) or (d);

(f) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(g) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995(1) or a penalty under section 115A of the Social Security Administration Act 1992(2);

(h) has accepted a police caution in the United Kingdom;

(i) has been bound over following a criminal conviction in the United Kingdom;

(j) has been subject to any investigation into the applicant’s professional conduct by any licensing, regulatory or other body where the outcome was adverse;

(k) is currently subject to any investigation into the applicant’s professional conduct by any licensing, regulatory or other body;

(l) is, to the applicant’s knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

(m) is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, removed or suspended from a list, or equivalent list;

(n) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant’s professional conduct in respect of any previous or current employment;

(o) is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate which–

(i) has been convicted of a criminal offence in the United Kingdom;

(ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(iii) is currently the subject of any proceedings which might lead to such a conviction;

(iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body; or

(v) is, to the applicant’s knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

(p) that the applicant consents to a request being made by the Health Board to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, “employer” includes any partnership of which the applicant is or was a member.

3.  An application shall include the following undertakings:–

(a) that the performer will participate in appropriate and relevant NHS appraisal procedures;

(b) that the performer will notify the Health Board in writing within 7 days of its occurrence if the performer–

(i) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Scotland, would constitute a criminal offence

(ii) is convicted of a criminal offence in the United Kingdom;

(iii) is convicted in elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(iv) has, in summary proceedings, in respect of an offence, been the subject of an order discharging the performer absolutely (without proceeding to conviction);

(v) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

(vi) has accepted a police caution in the United Kingdom;

(vii) is bound over following a criminal conviction in the United Kingdom;

(viii) becomes the subject of any investigation into the performer’s professional conduct by any licensing, regulatory or other body;

(ix) is informed by any licensing, regulatory or other body of the outcome of any investigation into the performer’s professional conduct, and there is a finding against the performer;

(x) becomes, to the performer’s knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

(xi) becomes the subject of any investigation or proceedings by another Health Board or equivalent body, which might result in the performer being disqualified, conditionally disqualified, removed or suspended from a list, or equivalent list;

(xii) is disqualified, conditionally disqualified, removed or suspended from or refused admission to any list or equivalent list;

(xiii) is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation, a director or one of the persons with control of a body corporate and that body corporate–

(aa) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Scotland, would constitute a criminal offence;

(bb) is convicted of a criminal offence in the United Kingdom;

(cc) is convicted elsewhere of an offence which, if committed in Scotland, would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body;

(ee) is informed by any licensing, regulatory or other body of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

(ff) becomes, to the performer’s knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

(c) if the performer is a provider of primary medical services–

(i) under a general medical services contract, to comply with the requirements of paragraph 114 (gifts) of Schedule 5 (other contractual terms) to the General Medical Services Contracts Regulations;

(ii) under a section 17C agreement, to comply with requirements of paragraph 78 (gifts) of Schedule 1 (content of agreements) to the Section 17C Agreements Regulations;

(d) if the performer is not a provider of primary medical services but performs primary medical services in accordance with a–

(i) general medical services contract, to comply with the requirements of paragraph 114 of Schedule 5 to the General Medical Services Contracts Regulations; or

(ii) section 17C arrangement, to comply with the requirements of 78 of Schedule 1 to the Section 17C Agreements Regulations,

as though the performer were a provider of primary medical services;

(e) that the performer shall not prescribe drugs, medicines or appliances whose cost or quantity, in relation to any patient, is, by reason of the character of the drug, medicine or appliance in question in excess of that which is reasonably necessary for the proper treatment of that patient;

(f) where the performer is authorised to supply drugs, medicines or appliances, that the performer shall not supply any drugs, medicines or appliances to any person who makes a declaration on a prescription form claiming either charge exemption under regulation 7 of the 2001 Regulations or charge remission under the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003(3) without evidence of the patient’s entitlement to such exemption or remission having been requested, unless the claim is for an exemption under regulation 7(1)(a) to (f) of the 2001 Regulations and the performer has information at the time of supplying the item which confirms that the person is entitled to the exemption claimed;

(g) if the performer is a provider of primary medical services, that the performer shall claim for a payment under the arrangement, agreement or contract by which the performer provides primary medical services only in accordance with the terms of that arrangement, agreement or contract;

(h) if the performer is not a provider of primary medical services, that the performer shall–

(i) assist a provider of primary medical services in a claim for a payment under the arrangement, agreement or contract by which that provider provides primary medical services only where that claim is in accordance with the terms of that arrangement, agreement or contract; and

(ii) claim a payment from a provider of primary medical services only in accordance with the terms of the performers employment or engagement by that provider;

(i) if the performer is a GP Registrar, unless the performer has an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994(4) that the performer will–

(i) not perform primary medical services except when acting for, and under the supervision of, the performer’s GP Trainer;

(ii) withdraw from the primary medical services performers list if any of the events in paragraph 4 takes place;

(iii) until the coming into force of article 10 of the 2003 Order apply for a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations or a certificate of equivalent experience under regulation 11 of those regulations as soon as the performer is eligible to do so, and provide the Health Board with a copy of any such certificate; and

(iv) after the coming into force of article 10 of the 2003 Order, provide the Health Board with evidence of the performer’s inclusion in the GP Register;

(j) that the performer shall consent to a request being made by the Health Board to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, “employer” includes any partnership of which the applicant is or was a member.

4.  The events to which this paragraph applies are–

(a) the conclusion of any period of training prescribed by regulation 6(3) of the Vocational Training Regulations or after the coming into force of articles 4 and 5 of the 2003 Order, any period of general practice training required pursuant to those articles, unless–

(i) it forms part of a vocational training scheme which has not yet been concluded;

(ii) the GP Registrar provides the Health Board with–

(aa) a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations;

(bb) a certificate of equivalent experience under regulation 11 of those Regulations; or

(cc) after the coming into force of article 10 of the 2003 Order, evidence of the applicants inclusion in the GP Register;

(iii) the failure satisfactorily to complete any period of training within the meaning of regulation 9 of the Vocational Training Regulations or after the coming into force of articles 4 and 5 of the 2003 Order, of general practice training within the meaning of those articles; and

(iv) the completion of a vocational training scheme, unless the GP Registrar provides the Health Board with–

(aa) a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations;

(bb) a certificate of equivalent experience under regulation 11 of those regulations; or

(cc) after the coming into force of article 10 of the 2003 Order, evidence of the GP Registrar’s inclusion in the GP Register.

Regulation 16

SCHEDULE 2 REVOCATIONS

(1) Regulations revoked	(2) References	(3) Extent of Revocation
The National Health Service (General Medical Services) (Scotland) Regulations 1995	S.I. 1995/416	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1995	S.I. 1995/3199	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1996	S.I. 1996/842	The whole Regulations
The National Health Service (General Medical Services, Pharmaceutical Services and Charges for Drugs and appliances) (Scotland) Amendment Regulations 1996	S.I. 1996/1504	Regulation 2
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1997	S.I. 1997/943	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 2) Regulations 1997	S.I. 1997/1473	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1998	S.I. 1998/4	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 2) Regulations 1998	S.I. 1998/660	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 3) Regulations 1998	S.I. 1998/1600	The whole Regulations
The Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Scotland) Amendment Regulations 1998	S.I. 1998/1667	Regulation 4
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 1999	S.I. 1999/749	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 2) Regulations 1999	S.I. 1999/1057	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 3) Regulations 1999	S.I. 1999/1620	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 4) Regulations 1999	S.S.I. 1999/54	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2000	S.S.I. 2000/28	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 2) Regulations 2000	S.S.I. 2000/190	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2001	S.S.I. 2001/119	The whole Regulations
The National Health Service (General Medical Services and Pharmaceutical Services) (Scotland) Amendment Regulations 2002	S.S.I. 2002/111	Regulation 3
The National Health Service (General Medical Services and Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2002	S.S.I. 2002/153	Regulation 2(3)
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2002	S.S.I. 2002/438	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2003	S.S.I. 2003/11	The whole Regulations
The National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003	S.S.I. 2003/64	The whole Regulations
The National Health Service (General Medical Services Supplementary Lists) (Scotland) Amendment Regulations 2003	S.S.I. 2003/298	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 2) Regulations 2003	S.S.I. 2003/310	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment (No. 3) Regulations 2003	S.S.I. 2003/443	The whole Regulations
The National Health Service (General Medical Services Supplementary Lists) (Scotland) Amendment Regulations 2004	S.S.I. 2004/40	The whole Regulations
The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2004	S.S.I. 2004/41	The whole Regulations

(1)

1995 c. 46.

(2)

1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).

(3)

S S.I. 2003/460.

(4)

S.I. 1994/3130. The relevant amending instrument is S.I. 1998/669.