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12.—(1) The contractor may, if its list of patients is open, accept an application for inclusion in its list of patients made by or on behalf of any person whether or not resident in its practice area or included, at the time of that application, in the list of patients of another contractor or provider of primary medical services.
(2) The contractor may, if its list of patients is closed, only accept an application for inclusion in its list of patients from a person who is an immediate family member of a registered patient whether or not resident in its practice area or included, at the time of that application, in the list of patients of another contractor or provider of primary medical services.
(3) Subject to sub-paragraph (4), an application for inclusion in a contractor’s list of patients must be made by delivering to the practice premises an application signed by the applicant or a person authorised by the applicant to sign on the applicant’s behalf.
(4) An application may be made—
(a)on behalf of any child—
(i)by either parent, or in the absence of both parents, the guardian or other adult person who has care of the child;
(ii)by a person duly authorised by a local authority, where the child is in the care of a local authority under the Children (Scotland) Act 1995(1); or
(iii)by a person duly authorised by a voluntary organisation, by which the child is being accommodated under the provisions of that Act; or
(b)on behalf of any adult who is incapable of making such an application, or authorising such an application to be made on their behalf, by the primary carer of that person or by a person authorised under the Adults with Incapacity (Scotland) Act 2000(2) to act on the patient’s behalf.
(5) A contractor which accepts an application for inclusion in its list of patients must notify the Health Board in writing as soon as possible.
(6) On receipt of a notice under sub-paragraph (5), the Health Board must—
(a)include that person in the contractor’s list of patients from the date on which the notice is received; and
(b)notify the applicant (or, in the case of a child or incapable adult, the person making the application on their behalf) of the acceptance.
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