The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

Health service body status

8.—(1) Where a proposed provider elects in a written notice served on the Health Board at any time prior to the agreement being entered into to be treated as a health service body for the purposes of section 17A of the Act (NHS contracts), the proposed provider shall be so treated from the date on which the agreement is made.

(2) If, pursuant to paragraph (1) or (5), a provider is to be treated as a health service body, it shall not be treated as a health service body to the extent that–

(a) the nature of, or any rights or liabilities arising under, any other arrangement or proposed arrangement with a health service body entered into or to be entered into by a provider is affected; and

(b) a matter referred to the Scottish Ministers for the purposes of section 17A(4) of the Act shall be determined under the provisions of section 17A.

(3) Where an agreement is made with a provider, and that provider is to be treated as a health service body in accordance with paragraph (1) or (5), the provider shall, subject to paragraph (4) continue to be treated as a health service body for the purposes of section 17A of the Act, for as long as that agreement continues irrespective of any change in–

(a) where a partnership is a party to the agreement, the membership of the partnership; and

(b) the parties to the agreement comprising the provider.

(4) A provider may at any time request in writing to be treated or cease to be treated as a health service body for the purposes of section 17A of the Act, and if the provider does so–

(a) the procedure in paragraph 59(1) of Schedule 1 shall have effect; and

(b) the Health Board shall agree to the variation.

(5) If the provider makes a request under paragraph (4), the provider shall

(a) be treated; or

(b) subject to paragraph (7) cease to be treated,

as a health service body for the purposes of section 17A of the Act from the date that variation is to take effect pursuant to paragraph 59(1) of Schedule 1.

(6) Subject to paragraph (7) a provider shall cease to be treated as a health service body for the purposes of section 17A of the Act if the agreement terminates.

(7) Where a provider ceases to be treated as a health service body pursuant to–

(a) paragraph (5), the provider shall, if the provider or the Health Board has referred any matter to the Scottish Ministers for the purposes of section 17A(4) of the Act before the provider ceases to be a health service body, be bound by the determination of the adjudicator;

(b) paragraph (6), the provider shall continue to be treated as a health service body for the purposes of the NHS dispute resolution procedure where that procedure has been commenced–

(i) before the termination of the agreement; or

(ii) after the termination of the agreement, whether in connection with or arising out of the termination of the agreement or otherwise,

for which purpose the provider shall cease to be treated as such a body on the conclusion of that procedure.