Part I Organisation

Persons performing primary medical services

17PF2Persons performing primary medical services

1

Regulations may provide that a health care professional of a prescribed description may not perform any primary medical service which a Health Board is, under section 2C(1), under a duty to provide or secure the provision of unless that professional is included in a list maintained under the regulations by the Health Board.

2

For the purposes of this section, “health care professional” means a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).

3

Regulations under subsection (1) may make provision in relation to such lists and in particular as to—

a

the preparation, maintenance and publication of a list;

b

eligibility for inclusion in a list;

c

applications for inclusion (including provision for the procedure for applications to be made and dealt with and the documents to be supplied on application);

d

the grounds on which an application for inclusion may or must be granted or refused;

e

requirements with which a person included in a list must comply (including requirements as to standards of performance and patient care and as to declarations, consents or undertakings);

f

suspension or removal from a list (including the grounds for and consequences of suspension or removal);

g

circumstances in which a person included in a list may not withdraw from it;

h

payments to be made by a Health Board in respect of a person suspended from the list (including provision for the amount of, or the method of calculating, the payment to be determined by the Scottish Ministers);

i

the criteria to be applied in making decisions under the regulations;

j

appeals against decisions made by a Health Board under the regulations;

k

disclosure of information about applicants for inclusion, refusals of applications, or suspensions, removals or references to the Tribunal.

4

Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—

a

by a Health Board to the Scottish Ministers; and

b

by the Scottish Ministers to a Health Board.

C117QF1Assistance and support

1

A Health Board may provide assistance and support to—

a

any person providing, or proposing to provide, primary medical services under a general medical services contract;

b

any person providing, or proposing to provide, such services in accordance with section 17C arrangements.

2

Assistance and support provided by a Health Board under subsection (1) is to be provided on such terms, including terms as to payment, as the Board think fit.

3

In this section, “assistance” includes financial assistance.