The General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004

Services to patients not registered with the contractor in default contracts and GMS contracts

24.—(1) Where a medical practitioner who meets the requirements in paragraph (2)–

(a) enters into–

(i) a default contract; or

(ii) a GMS contract pursuant to article 3;

(b) is a partner in a partnership which enters into–

(i) a default contract; or

(ii) a GMS contract pursuant to article 4; or

(c) is a legal and beneficial shareholder in a company which enters into a GMS contract under which services are to be provided from 1st April 2004,

that contract must require the contractor to provide such of the additional services as are equivalent to those of the services listed in paragraph (2)(a) to (c), to the patients to whom the medical practitioner was providing those services on 31st March 2004 except, in the case of a GMS contract, to the extent that the contractor is not required to provide the additional service concerned to its registered patients under regulation 29 of the 2004 Regulations.

(2) The requirements referred to in paragraph (1) are that, on 31st March 2004 the medical practitioner is providing, as part of general medical services under section 19 of the 1978 Act to a patient who is not recorded as being on the practitioner’s list of patients–

(a) child health surveillance services under regulation 29 of the 1995 Regulations(1);

(b) contraceptive services under regulation 30 of those Regulations(2); or

(c) maternity medical services under regulation 31 of those Regulations(3).

(3) The services required to be provided under this article are in addition to any additional services which are required to be provided to the contractor’s registered patients–

(a) in a default contract under article 16; or

(b) in a GMS contract under regulation 29 of the 2004 Regulations.

(4) Nothing in this article shall prevent a contractor from subsequently terminating its responsibility for a patient not registered with the contractor under the term of its contract which gives effect to paragraph 28 of Schedule 5 to the 2004 Regulations (or the equivalent term of a default contract).

(5) A requirement in a GMS contract to provide any additional services under this paragraph to patients not registered with the contractor shall cease on the date on which any opt out of that additional service in respect of the GMS contractor’s own registered patients commences pursuant to the terms of the GMS contract which give effect to Schedule 2 to the 2004 Regulations.

(6) Where paragraph (5) applies, the requirement to inform patients of opt outs in the term of the GMS contract which gives effect to paragraph 6 of Schedule 2 to the 2004 Regulations shall apply to the patients to whom services are provided pursuant to this paragraph as it applies to the GMS contractor’s own registered patients.

(1)

Regulation 29 was amended by S.S.I. 1999/54.

(2)

Regulation 30 was amended by S.S.I. 1999/54.

(3)

Regulation 31 was substituted by S.I. 1997/943 and amended by S.I. 1998/660 and S.S.I. 1999/54.