These Regulations may be cited as the National Health Service (Fund-Holding Practices) (Scotland) Regulations 1997 and shall come into force on 1st April 1997.

In these Regulations, unless the context otherwise requires–

• “the Act” means the National Health Service (Scotland) Act 1978;

• “allotted sum” has the meaning indicated by section 87B of the Act;

• “application” means an application for the purposes of section 87A of the Act for recognition as a fund-holding practice;

• “bank account” includes an account with a Building Society registered under the Building Societies Act 19862;

• “former fund-holding practice” means a medical practitioner or group of medical practitioners who were formerly members of a fund-holding practice and who have now ceased to be members of such a practice because either–

  1. a

     they have renounced recognition as a fund-holding practice in accordance with regulations 10 and 11; or

  2. b

     recognition as a fund-holding practice has been removed from them in accordance with regulations 12 and 13 or 14,

  whichever is appropriate;

• “fund-holding account” means the bank account referred to in Schedule 2;

• “fund-holding practice” means a recognised fund-holding practice;

• “health service body” means any of the bodies specified in section 17A(2) of the Act3;

• “health visitor” means a person whose name is included in Part 11 of the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health Visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 19794;

• “nurse” means a person whose name is included in any part, other than parts 10 and 11, of the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health Visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 1979;

• “medical list” means a list of medical practitioners prepared by a Health Board by virtue of Regulations under section 19(2)(a) of the Act;

• “practice” means a number of medical practitioners acting either–

  1. a

     as individuals;

  2. b

     partly as individuals and partly in partnership; or

  3. c

     in partnership with each other,

  who make or propose to make, jointly, an application and “members of the practice” shall be construed accordingly;

• “primary care purchasing practice” means a fund-holding practice which has been granted recognition as a primary care purchasing practice in accordance with these Regulations;

• “purchasing co-operative” means a fund-holding practice which has been granted recognition as a purchasing co-operative in accordance with these Regulations;

• “recognised fund-holding practice” shall be construed in accordance with section 87A of the Act;

• “relevant Health Board” has the same meaning as in section 19(8) of the Act5 except in the case to which regulation 2(3) applies where “the relevant Health Board” is the Health Board within whose area resides the largest number of the patients on the lists of the members of the practice;

• “savings” shall be construed in accordance with regulation 22;

• “standard fund-holding practice” means a fund-holding practice which has been granted recognition as a standard fund-holding practice in accordance with these Regulations;

• “Health Authority” has the meaning indicated by section 8 of the National Health Service Act 19776.

For the purposes of these Regulations, an application is made when it is received by the person to whom it is required to be made in accordance with regulation 2.

For the purposes of these Regulations, any reference to a fund-holding practice renouncing recognition is a reference to the members of a fund-holding practice renouncing their status as a recognised fund-holding practice and “renunciation of recognition” shall be construed accordingly.

For the purposes of these Regulations, any reference to a relevant Health Board removing recognition is a reference to that Board removing recognition from the members of a fund-holding practice and “removal of recognition” shall be construed accordingly.

For the purposes of these Regulations, any reference to the rights and liabilities of members of a fund-holding practice is a reference to rights and liabilities incurred in connection with the application of the allotted sum and in particular to rights and liabilities under NHS contracts.

Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

In these Regulations any reference to the sending of a document is a reference to the sending of the document by post addressed, in the case of a medical practitioner, to him at the address of his practice premises which is included in the medical list of the relevant Health Board, and, in the case of the Secretary of State or a Health Board, to them at their principal office.