The National Health Service (Tribunal) (Scotland) Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Tribunal) (Scotland) Regulations 2004 (“the principal Regulations”) which make provision for relating to the NHS Tribunal and representations to and procedures before it.

These Regulations are consequential upon–

(a) the coming into force of amendments made to the National Health Service (Scotland) Act 1978 (“the 1978 Act”) and the National Health Service (Primary Care) Act 1997 (“the 1997 Act”) by the Primary Medical Services (Scotland) Act 2004 (“the 2004 Act”); and

(b) the dissolution of primary care NHS trusts.

As a result of the coming into force of amendments made to the 1978 Act by section 5(3)(b) of the 2004 Act, the Tribunal’s power to inquire into representations regarding persons who are included in a list of medical practitioners undertaking to provide general medical services or approved to assist in the provision of such services has been replaced with a power to inquire into representations regarding persons who are included in a list of health care professionals of a prescribed description performing primary medical services (“primary medical services performers list”). Section 5(3)(a) of the 2004 Act also amends the wording of the first condition for disqualification given in the 1978 Act. These Regulations:

(a) insert a new regulation 3A into the principal Regulations which prescribes that medical practitioners included in a primary medical services performers list are subject to the Tribunal’s jurisdiction (regulation 2(4));

(b) amends references to “doctors” in the principal Regulations to references to “medical practitioners” (regulation 2(3)(a) and (b), 2(15)(a)(ii), (b)(ii), (c)(ii) and (d)(i));

(c) prescribes the time within which representations that the second condition for disqualification are met are to be made (regulation 2(5)(c));

(d) removes the now unnecessary modification of section 20 of the 1978 Act, which the 2004 Act repeals, in regulation 26 of the principal Regulations (regulation 2(11));

(e) excludes the power of the Scottish Ministers to direct Health Boards to recover amounts from practitioners in respect of acts or omissions on a primary medical services performers list (regulation 2(13)(b));

(f) amends references in the Forms, contained in Schedule 2 to the principal Regulations, to reflect the amended wording of the first condition for disqualification (regulation 2(15)(a)(i)(bb), (b)(i)(bb) and (c)(i)(bb)); and

(g) removes references in the Forms, contained in Schedule 2 to the principal Regulations, to medical and supplementary lists and replaces them with references to primary medical services performers lists (regulation 2(15)(a)(iii),(b)(iii),(c)(iii) and (d)(ii)).

As a result of the coming into force of amendments made to the 1997 Act by paragraph 2(9) of the schedule to the 2004 Act preferential treatment on transferring to medical lists, and the Tribunal’s jurisdiction to inquire into any representations against preferential treatment, has been abolished. These Regulations remove from the principal Regulations references to preferential treatment on transferring to medical lists and the Tribunal’s jurisdiction under the 1997 Act (regulation 2(3)(a), (d) and (e), (5)(a) and (d), (9)(a) and (b), (10)(a) and (b), (11), (12), (13)(a), (14) and (15)(a)(i)(aa) and (iv), (b)(i)(aa) and (iv), (c)(i)(aa) and (iv) and (e)).

Following the dissolution of all primary care NHS trusts, these regulations also remove references in the principal Regulations to these bodies (regulation 2(2), (3)(a), (6) , (7) (8), (9)(c) and (10)(c)).