The National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Fund-Holding Practices) Regulations 1997 which contain provisions relating to the recognition and operation of fund-holding practices.

As from 1st April 1999, the three existing types of fund-holding practice, standard fund-holding practices, primary care purchasing practices and purchasing co-operatives will be replaced by a single type of fund-holding practice to which the amended regulations will apply.

Part II of these Regulations makes changes to the principal Regulations which come into force before the three types of practice cease to exist. These changes include –

• regulation 3, amending regulation 2 of the principal Regulations (application for recognition as a fund-holding practice) and regulation 7, which revokes regulation 9 of the principal Regulations, prevent practices changing between the three types of fund-holding practice between the coming into force of these Regulations and the types of practice ceasing to exist on 1st April 1999. Regulation 6 amends regulation 22 of the principal Regulations to amend the list of items on which savings from the allotted sum may be spent, requiring that Health Board consent is to be obtained before any savings are spent.

Part III sets out the new rules which will apply to the single type of fund-holding practice to be known as a residual fund-holding practice from 1st April 1999–

• regulation 12 amends regulation 8 of the principal Regulations so that the membership of a fund-holding practice shall not change, except by death or retirement of a member;

• regulation 15 amends regulation 18 so that the only goods and services which may be bought are those listed in a new Schedule 4 to the principal Regulations (inserted by regulation 22 of these Regulations). Goods and services are only to be purchased from health service bodies;

• regulation 17 inserts a new regulation 19A limiting the duration of new contracts entered into by fund-holding practices to 6 months;

• regulation 20 amends Schedule 1 to the principal Regulations (conditions for obtaining recognition) and regulation 21 amends Schedule 2 (conditions for continuing recognition) so that the number of patients on a practice’s list do not affect recognition. New conditions are inserted in Schedule 2 making it a condition of continued recognition that there be no changes in the membership of a fund-holding practice (other than because of death or retirement) and that the fund-holding account not become overdrawn;

• regulations 24 makes saving provisions in respect of regulations 8 (withdrawal or death of a member of a fund-holding practice), and 23 (recovery of misapplied sums) of the principal Regulations.

Part IV sets out the steps which fund-holding practices will have to follow to retain recognition beyond 1st April 1999.