- Latest available (Revised)
- Point in Time (30/11/2020)
- Original (As enacted)
Version Superseded: 25/03/2022
Point in time view as at 30/11/2020.
There are currently no known outstanding effects for the Coronavirus Act 2020, Cross Heading: National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1(1)The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114) have effect subject to the following modifications.S
(2)After regulation 3 insert—
3A(1)A person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 (temporary registration with regard to emergencies) may perform primary medical services, despite not being included in the primary medical services performers list of a Health Board, provided that—
(a)the person has made an application to a Health Board for inclusion in the list under regulation 6, and
(b)the person's application has not been refused or deferred under regulation 7 or 7B.
(2)But a person may only perform primary medical services by virtue of this regulation in the area of a Health Board whose list they have applied to be included in.
(3)Regulation 8 applies to a person who performs primary medical services by virtue of this regulation as it applies to a performer included in a primary medical services performers list (and the references to a “performer” in paragraph 3 of Schedule 1 are to be read as if they included persons who perform primary medical services by virtue of this regulation).”
(3)After regulation 7A insert—
7B(1)This regulation applies where a person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 (temporary registration with regard to emergencies) has made an application to a Health Board for inclusion in its primary medical services performers list.
(2)But this regulation does not affect a Health Board's duties imposed by regulation 7 to refuse or defer an application by such a person.
(3)A Health Board may refuse the person's application for inclusion in its primary medical services performers list if—
(a)the Health Board has received an allegation (in any manner) about either—
(i)conduct by the person about which the Health Board would have the power to make representations to the NHS Tribunal under section 29 of the National Health Service (Scotland) Act 1978, or
(ii)the person's involvement in a matter which they would be under a duty to disclose under paragraph 3 of Schedule 1, and
(b)the nature of the allegation is such that, were the person already included in its list, the Health Board would be satisfied that it would be necessary for the protection of members of the public, or otherwise in the public interest, to suspend the person from its list while it considered whether to remove them from its list.
(4)A Health Board may defer determination of the person's application for inclusion in its primary medical services performers list if—
(a)the person has declared any matter specified in paragraph 2(c) to (o) of Schedule 1, and
(b)the Health Board is satisfied that it is necessary for the protection of members of the public, or otherwise in the public interest, to complete its consideration of the person's application before the person is permitted to perform primary medical services.
(5)Unless paragraph (6) applies, a person whose application is refused by a Health Board under paragraph (3) may not reapply for inclusion in the primary medical services performers list of any Health Board.
(6)This paragraph applies where a person subsequently becomes registered in the GP Register as a fully registered person, within the meaning given by section 55(1) of the Medical Act 1983, otherwise than by virtue of section 18A of that Act.
(7)A Health Board must notify an applicant in writing of a determination made under this regulation, and the reasons for it, within 7 days of making the determination.
(8)An applicant may not appeal any determination made by a Health Board under this regulation.”
(4)In regulation 13 (appeal to the Scottish Ministers) before paragraph (1) insert—
“(A1)This regulation does not apply where a person's application for inclusion in a primary medical services performers list is refused under regulation 7B(3).”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: