Part I Organisation

Co-operation and assistance

17EF1Personal medical or dental services: regulations.

1

The Secretary of State may make regulations with respect to the provision of services in accordance with section 17C arrangements.

2

The regulations must—

a

include provision for participants other than Health Boards to withdraw from section 17C arrangements if they wish to do so;

b

impose conditions (including conditions as to qualifications and experience) to be satisfied by F2medical practitioners performing personal medical services, and dental practitioners performing personal dental services, in accordance with section 17C arrangements.

In paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.

3

The regulations may, in particular—

a

provide that section 17C arrangements may be made only in prescribed circumstances;

b

provide that section 17C arrangements may be made only in prescribed areas;

c

provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 17C arrangements;

F3ca

impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing primary medical services in accordance with section 17C arrangements;

cb

provide for the circumstances in which a person providing primary medical services under section 17C arrangements—

i

must, or may, accept a person as a patient to whom such services are provided under section 17C arrangements;

ii

may decline to accept a person as such a patient;

iii

may terminate responsibility for a patient;

cc

make provision as to the right of patients to choose the persons from whom they are to receive primary medical services under section 17C arrangements;

d

require details of section 17C arrangements to be published;

e

make provision with respect to the variation and termination of section 17C arrangements;

F4f

prevent (except in such circumstances and to such extent as may be prescribed) a medical practitioner who performs personal medical services in accordance with section 17C arrangements from providing general medical services;

F4g

make provision with respect to medical lists, including provision for preferential treatment for medical practitioners;

h

provide for parties to section 17C arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 17A;

i

provide for directions, as to payments, made under section 17A(8) (as it has effect as a result of regulations made by virtue of paragraph (h)) to be enforceable in like manner as extract registered decrees arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland;

j

confer powers or impose duties on the Dental Practice Board in relation to agreements made by virtue of section 17C(1) under which personal dental services are provided;

k

authorise Health Boards to make payments of financial assistance for prescribed categories of preparatory work undertaken—

i

in connection with preparing proposals for section 17C arrangements; or

ii

in preparation for the provision of services under proposed section 17C arrangements.

F53A

The regulations may also require payments to be made as respects the provision or performance of primary medical services under section 17C arrangements in accordance with directions given for the purpose by the Scottish Ministers.

3B

A direction under subsection (3A) may make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.

3C

The regulations may also include provision requiring a Health Board, in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract on prescribed terms with any person providing services under section 17C arrangements who so requests.

3D

The regulations may make provision for the resolution of disputes as to the terms of any proposed section 17C arrangements for the provision of primary medical services, including, without prejudice to that generality, provision for—

a

the referral of the terms of the proposed arrangements to the Scottish Ministers; and

b

the Scottish Ministers, or a person or panel of persons appointed by them, to determine the terms on which the arrangements may be made.

F64

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F75

The Secretary of State must—

a

consider whether section 17C arrangements are likely to have an adverse effect on the distribution of medical practitioners providing general medical services or performing personal medical services in Scotland;

b

if he thinks that the arrangements are likely to have that effect, consider whether it is necessary to include in the regulations provisions designed to secure that, so far as is possible, the arrangements do not have that effect; and

c

if he thinks that it is necessary, include such provisions in the regulations.

F96

Regulations which impose conditions on persons performing F8primary medical services or persons performing personal dental services (whether made by virtue of subsection (2)(b) or otherwise) may, in particular, include provision of a kind that may be made by regulations under section 22.

F77

Regulations made by virtue of subsection (3)(g) may, in particular, include provision—

a

requiring (except in prescribed circumstances) Health Boards to remove from their medical lists persons who are performing personal medical services in accordance with section 17C arrangements or corresponding services under section 28C of the M1National Health Service Act 1977;

b

conferring a right to transfer to a medical list on persons who have ceased to perform such services;

c

that any provision in relation to medical lists made by or under any enactment is not to apply;

d

as to conditions to be attached to entries in medical lists;

e

conferring powers of disqualification on the Tribunal constituted under section 29.

8

The power to make provision under this section of the kind mentioned in subsection (3)(j) includes power—

a

to authorise or require the Dental Practice Board to perform on behalf of a Health Board functions of a prescribed description (including functions relating to remuneration) which have been delegated to the Dental Practice Board by the Health Board in accordance with a power conferred by the regulations;

b

to provide that functions conferred by the regulations are only to be exercised by the Dental Practice Board in accordance with directions of the Secretary of State;

c

to require information for the purpose of performing any functions conferred or imposed on the Dental Practice Board under this section.

9

In this Act “section 17C arrangements” means arrangements for the provision of services made under section 17C.