The Primary Medical Services (Consequential and Ancillary Amendments) (Scotland) Order 2004

The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001

10.—(1) The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(1) shall be amended as provided in this paragraph.

(2) In regulation 2 (interpretation)(2), in paragraph (1)–

(a) in the definition of “patient”, for paragraph (a) substitute–

“(a) any person who is provided with primary medical services under Part 1 of the Act;”;

(b) in the definition of “prescription form”–

(i) in paragraph (a)(iii) omit “doctor or”; and

(ii) for paragraph (a)(v) and (vi) substitute–

“or;

(v) prescriber; and”;

(c) in the definition of “terms of service” omit “a doctor,” and “the General Medical Services Regulations,”;

(d) omit the definitions of “the General Medical Services Regulations” and “medical list”; and

(e) insert the following definitions at the appropriate place in alphabetical order–

““GMS contract” means a general medical services contract under section 17J of the Act(3);”;

““GMS contractor” means a party to a GMS contract other than a Health Board;”;

““prescriber” means a doctor, an independent nurse prescriber or a supplementary prescriber;”;

““section 17C agreement” means an agreement made under section 17C of the Act(4);”;

““section 17C provider” means a party to a section 17C agreement other than a Health Board;”.

(3) After regulation 2(3) insert–

“(3A) For as long as there are in existence contracts entered into under article 13 of the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004(5) (“default contracts”) any reference in these Regulations to a GMS contract shall be read as including a reference to a contract entered into under that article and any reference to a term of a GMS contract shall be read as including a reference to the equivalent term of the default contract.

(3B) For as long as there are in existence transitional agreements as defined in article 1(2) of the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Order 2004(6), any reference in these Regulations to a section 17C agreement shall be read as including a reference to a transitional agreement and any reference to a term of a section 17C agreement shall be read as including a reference to any equivalent term in the transitional agreement.”.

(4) In regulation 4 (supply of drugs and appliances by doctors)–

(a) in paragraph (1) for “who provides pharmaceutical services to a patient in pursuance of the provisions of regulation 34 of the General Medical Services Regulations (and other wise than under paragraph 15(1) of Schedule 1 to those Regulations)” substitute “who provides services corresponding to pharmaceutical services under the terms of a GMS contract which give effect to paragraph 44 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(7) or under the terms of a section 17C agreement which give effect to paragraph 15 of Schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(8)”; and

(b) for paragraph (4) substitute–

“(4) A GMS contractor or section 17C provider shall, as soon as practicable after the end of each month, send a sum of money equal to the total of the charges required to be made and recovered by a doctor pursuant to the provisions of paragraph (1) during that month to the Health Board with which the GMS contractor or section 17C provider has a GMS contract or section 17C agreement.”.

(1)

S.S.I. 2001/430. Relevant amending instruments are S.S.I. 2002/100 and 2003/295.

(2)

Regulation 2 was amended by S.S.I. 2002/100 and 2003/295.

(3)

Section 17J was inserted by the 2004 Act, section 4.

(4)

Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2) and amended by the 2004 Act, section 2(2).

(5)

S.I. 2004/142.

(6)

S.S.I. 2004/163.

(7)

S.S.I. 2004/115.

(8)

S.S.I. 2004/116.