The National Health Service (Fund-Holding Practices) (Scotland) Regulations 1993

Regulation 6

SCHEDULE 2 CONDITIONS FOR CONTINUING RECOGNITION AS A FUND-HOLDING PRACTICE

1.  There is a total of at least 6,000 patients on the lists of patients of the members of the practice or, although there is a total of less than 6,000 patients on those lists, in the opinion of the relevant Health Board, there is likely to be a total of at least 6,000 on those lists within the period of twelve months following the date on which it came to the notice of the relevant Health Board that the total number of patients on the lists of members of the practice was less than 6,000.

2.  The practice does not include both—

(a) a member who practises in a partnership where the total number of patients on the lists of patients of the medical practitioners in the partnership exceeds 6,000, and

(b) a member who practises in another such partnership.

3.  Where the members of the practice are not partners in a single partnership there is in force an agreement such as is mentioned in paragraph 5 of Schedule 1.

4.  The allotted sum is applied as required by regulations 16 and 17 and is not applied for purposes other than those specified in regulations 16, 17, 18, 19 and 20.

5.  The members of a fund-holding practice have in place administrative and financial systems conducive to the effective and efficient management of the allotted sum.

6.  Where the members of a fund-holding practice employ a person or purchase any services, they first satisfy themselves that the employee has such qualifications, training and experience as are necessary for that employment or, as the case may be, that the provider of the services is suitably competent to provide those services.

7.  The members of the practice maintain a bank account (“the fund-holding account”) for the purpose of receiving an allotted sum or any part of it.

8.  Except where liability to pay an allotted sum to the members of the fund-holding practice is discharged pursuant to section 87B(2)(b) of the Act(1), the members of the practice deal with the allotted sum or any part of it only through the fund-holding account.

9.  No sums are paid into the fund-holding account other than the allotted sum or any part of it.

10.  The members of the practice send to the relevant Health Board, before the end of each month, such information relating to the preceding month as the relevant Health Board may reasonably require in relation to the management of the allotted sum and in particular to—

(a) transactions effected through the fund-holding account,

(b) the amount standing in the fund-holding account at the end of the preceding month,

(c) whether any such amount includes an amount which may be applied for the purposes specified in regulation 20 (savings from the allotted sum), and

(d) the referrals of patients of members of the practice for treatment to be provided other than by members of the practice and in particular the arrangements made for the purchase of goods and services specified in the list referred to in regulation 17(2).

11.  The members of the practice submit to the relevant Health Board not later than six weeks after the end of the financial year to which they relate, the accounts which the practice is required to keep under sub-section 86(1A)(a) of the Act.

12.  Except in the circumstances specified in sub-paragraph (1)(a), (d), (e), (i), (j), (k), (l), (m) and (o) of paragraph 20 (acceptance of fees) of Part I of Schedule 1 (terms of service for doctors) to the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(2), the members of the practice do not demand or accept from any patient of a member of the practice a payment (including a payment in kind) in respect of any treatment—

(a) provided by a member of the practice; or

(b) which a member of the practice has arranged to be provided for the patient under the Act.

(1)

Section 87B was inserted by the National Health Service and Community Care Act 1990, section 34.

(2)

S.I. 1974/506, relevant amending instruments are S.I. 1981/56, 1982/1279 and 1989/1990.