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

Approvals of out of hours arrangements under general medical services contracts and default contracts

65.—(1) Where, on 31st March 2004–

(a) a medical practitioner had approval from a Health Board of an out of hours arrangement; and

(b) that approval had not been withdrawn under paragraph 17B(1) or 17C of Schedule 1 to the 1995 Regulations and the withdrawal taken effect,

that approval shall, if the medical practitioner meets the requirements in article 67(2), be treated from 1st April 2004 as if it were an approval granted to the general medical services contractor by the Health Board pursuant to the term of its contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations (or to the default contractor under the equivalent term of its default contract) except in the circumstances specified in paragraph (2).

(2) The circumstances referred to in paragraph (1) are that the approval under paragraph 17A of Schedule 1 to the 1995 Regulations related to an arrangement with a transferee doctor as defined in paragraph 17A(1)(c) of Schedule 1 to the 1995 Regulations and that doctor–

(a) has not entered as an individual medical practitioner into a general medical services contract, or a default contract, which includes the provision of out of hours services;

(b) is not a partner in a partnership which has entered into such a contract;

(c) is not a legal and beneficial shareholder in a company which has entered into such a general medical services contract; or

(d) is not a party or a partner in a partnership which is a party, to contractual arrangements under article 15 of the Transitional Order which include the provision of out of hours services.

(3) The terms of an approval granted pursuant to sub-paragraph (1) shall be the same as those of an approval granted under paragraph 17A of Schedule 1 to the 1995 Regulations except that–

(a) any references to the patients of the medical practitioner shall be deemed to be references to the patients of the general medical services contractor or the default contractor;

(b) any references to the whole of the out of hours period shall be deemed to be references to–

(i) the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8am on the following day;

(ii) the period between 6.30pm on Friday and 8am the following Monday; and

(iii) Christmas Day, New Year’s Day and any other public or local holiday;

(c) in any reference to part of the out of hours period–

(i) any reference to 7pm on Monday to Friday shall be deemed to be a reference to 6.30pm; and

(ii) any reference to 1pm on Saturday shall be deemed to be a reference to 6.30pm on Friday; and

(d) any references to a particular transferee doctor shall be deemed to be references to–

(i) that person as a general medical services contractor, a default contractor or a party to contractual arrangements made under article 15 of the Transitional Order;

(ii) the partnership in which that person is a partner and which has entered in to a general medical services contract or a default contract or which is party to contractual arrangements made under article 15 of the Transitional Order; or

(iii) the company in which that person is a legal and beneficial shareholder and which has entered into a general medical services contract.

(1)

Paragraph 17B of Schedule 1 was added by S.I. 1996/842.