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

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement and interpretation

3. PART 2 TRANSITIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES

   1. 2. Application and interpretation of this Part

   2. 3. Applications for inclusion in lists of patients

   3. 4. Acceptance of applications for inclusion in lists of patients

   4. 5. Removal from the list of patients at the request of the patient

   5. 6. Removal from the list of patients at the request of the relevant medical practitioner

   6. 7. Removals from the list of patients who are violent

   7. 8. Removals from the list of patients who have moved

   8. 9. Removals not reflected in the list of patients on 31st March 2004

   9. 10. Applications for acceptance as a temporary resident

   10. 11. Acceptance of temporary residents

   11. 12. Termination of responsibility for temporary residents

   12. 13. Provision of immediately necessary treatment

   13. 14. Newly registered patients

   14. 15. Appointments system

   15. 16. Qualifications of performers

   16. 17. Independent nurse prescribers and supplementary prescribers

   17. 18. Patient records

   18. 19. Rights of entry

   19. 20. Refusal of approval of premises under paragraph 24 of Schedule 1 to the 1995 Regulations

   20. 21. Investigation of outstanding complaints

   21. 22. Complaints relating to general medical services made after 31st March 2004

   22. 23. Reports to a medical officer

   23. 24. Arrangements with organisations providing deputy doctors

   24. 25. Practice leaflet

   25. 26. Medical examination of medical practitioners

   26. 27. Patients not seen within three years

   27. 28. Patients aged 75 years and over

   28. 29. Arrangements for GP Registrars

   29. 30. Refund of fees paid under paragraph 10(2) of Schedule 1 to the 1995 Regulations

   30. 31. Annual reports

   31. 32. Permission for use of facilities in private practice under section 64 of the 1978 Act

   32. 33. Recovery of overpayments

4. PART 3 TRANSITIONAL PROVISIONS FOR GENERAL MEDICAL SERVICES CONTRACTS WHICH FOLLOW DEFAULT CONTRACTS

   1. 34. Application and interpretation of this Part

   2. 35. Carry over of approvals, applications, notices etc.

   3. 36. Newly registered patients

   4. 37. Temporary residents

   5. 38. Provision of immediately necessary treatment

   6. 39. Removals from the list of patients

   7. 40. Requirement to provide dispensing services

   8. 41. Sub-contracting

   9. 42. Complaints

   10. 43. Refund of fees

   11. 44. Annual returns and reviews

   12. 45. Carry-over of disputes between default and general medical services contracts

   13. 46. Grounds for termination of the general medical services contract

   14. 47. Notifications to patients affected by differences between the terms of a default and a general medical services contract

5. PART 4 TRANSITIONAL PROVISIONS RELATING TO PILOT SCHEME AGREEMENTS

   1. 48. Definitions

   2. 49. Existing pilot schemes

   3. 50. Variation of transitional agreements

   4. 51. Interpretation of transitional agreements

   5. 52. Modification of the Implementation Directions for the purposes of transitional agreements

   6. 53. Modification of the 1995 Regulations for the purposes of transitional agreements

   7. 54. Modification of the Choice Regulations for the purposes of transitional agreements

   8. 55. Assignment of patients: transitional agreements

   9. 56. Representations against a requirement to assign: transitional agreements

   10. 57. Variation and termination of transitional agreements

   11. 58. Health body status

   12. 59. Dispute resolution

6. PART 5 TRANSITIONAL PROVISIONS RELATING TO THE CHOICE REGULATIONS

   1. 60. Assignment of patients

   2. 61. Representations against assignments

7. PART 6 TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS RELATING TO OUT OF HOURS ARRANGEMENTS AND SERVICES

   1. 62. Interpretation of this Part

   2. 63. Terms of general medical services contracts and default contracts

   3. 64. Applications for approval of out of hours arrangements under general medical services contracts and default contracts

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

   5. 66. Refusal of approval of out of hours arrangements under general medical services contracts and default contracts

   6. 67. Review of approval of out of hours arrangements under general medical services contracts and default contracts

   7. 68. Review of approval of out of hours arrangements under general medical services contracts which follow default contracts

   8. 69. Withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

   9. 70. Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services contracts and default contracts

   10. 71. References to the NHS dispute resolution procedure in general medical services contracts which follow default contracts

   11. 72. Carry over of disputes relating to out of hours arrangements between default contracts and general medical services contracts

   12. 73. Sub-contracting of out of hours services under general medical services contracts

   13. 74. Out of hours services to patients not registered with general medical services contractors and default contractors

   14. 75. Application of regulation 30 of the 2004 Regulations to general medical services contracts entered into under Part 2 of the Transitional Regulations

8. PART 7 TRANSITIONAL ARRANGEMENTS: THE NATIONAL HEALTH SERVICE (SERVICE COMMITTEES AND TRIBUNAL) (SCOTLAND) REGULATIONS 1992

   1. 76. Interpretation

   2. 77. Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 3 of the Service Committees Regulations)

   3. 78. Referrals to investigating discipline committees before the relevant date (regulation 4 of the Service Committees Regulations)

   4. 79. Determination of a Health Board or the Scottish Ministers made before the relevant date (regulation 7, 8, 9 and 10 of the Service Committees Regulations)

   5. 80. Determination of a Health Board made on or after the relevant date (regulation 7 of the Service Committees Regulations)

   6. 81. Appeals to the Scottish Ministers against determinations of Health Boards (regulations 8, 9 and 10 of the Service Committees Regulations)

   7. 82. Excessive prescribing (regulations 16 and 17 of the Service Committees Regulations)

   8. 83. Decision as to treatment for which fees may be charged by doctors (regulation 18 of the Service Committees Regulations)

   9. 84. Determination whether a substance is a drug and recovery of cost (regulation 19 of the Service Committees Regulations)

9. PART 8 TRANSITIONAL PROVISIONS RELATING TO THE LISTING OF MEDICAL PRACTITIONERS

   1. 85. Interpretation

   2. 86. Allocation of medical practitioners on previous lists

   3. 87. Applications not decided on 1st April 2004

   4. 88. Transitional provision for performers of personal medical services

   5. 89. Matters relating to the NHS Tribunal and medical and supplementary lists

   6. 90. Matters relating to the NHS Tribunal and medical and supplementary lists

   7. 91. Matters relating to the NHS Tribunal and medical and supplementary lists

   8. 92. Matters relating to the NHS Tribunal and medical and supplementary lists

   9. 93. Transitional provisions in cases where preferential treatment on transferring to medical lists was given

10. PART 9 MISCELLANEOUS

    1. 94. Continuing validity of forms

    2. 95. Transitory interpretation of references in enactments to primary medical services

    3. 96. Transitory interpretation of references to general medical services contracts

11. PART 10 SAVINGS, MODIFICATIONS, AMENDMENTS AND REVOCATIONS

    1. 97. Meaning of suitable experience

    2. 98. Savings of certain provisions of the Medical Act 1983

    3. 99. Saving of section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992

    4. 100. Transitory modification of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994

    5. 101. Transitory modification of the National Health Service (Vocational Training for General Medical Practice (Scotland) Regulations 1998

    6. 102. Revocation of the Choice Regulations

12. Signature

13. Explanatory Note