LegalizeReform history
Primary Medical Services (Scotland) Act 2004
5 versions
· 2004-01-27
2010-12-22
Primary Medical Services (Scotland) Act 2004
2006-04-01
Primary Medical Services (Scotland) Act 2004
2004-04-01
Primary Medical Services (Scotland) Act 2004
2004-02-13
Primary Medical Services (Scotland) Act 2004
Changes on 2004-02-13
@@ -8,7 +8,7 @@
##### 1
- (1) The National Health Service (Scotland) Act [1978 (c. 29)](https://www.legislation.gov.uk/ukpga/1978/29) (referred to in this Act as “the 1978 Act”) is amended as follows.
- (1) The National Health Service (Scotland) Act 1978 (c. 29) (referred to in this Act as “*the 1978 Act*”) is amended as follows.
- (2) After section 2 (constitution of Health Boards) insert—
@@ -37,7 +37,7 @@
- (2) In section 17C (agreements by Health Boards for provision by others of personal medical services etc.)—
- (a) in subsections (1)(a) and (2)(a) and (b)(i), for the words “personal medical services”, in each place where they occur, substitute “primary medical services”,
- (a) in subsections (1)(a) and (2)(a) and (b)(i), for the words “personal medical services”, in each place where they occur, substitute “ primary medical services ”,
- (b) in subsection (2), for “; but (b)” substitute—
@@ -70,7 +70,7 @@
,
- (b) in paragraph (d) of that subsection leave out “or a section 28C employee” and insert “, a section 28C employee or (in the case of an agreement under which primary medical services are provided) an Article 15B employee”,
- (b) in paragraph (d) of that subsection leave out “or a section 28C employee” and insert “ , a section 28C employee or (in the case of an agreement under which primary medical services are provided) an Article 15B employee ”,
- (c) after that subsection insert—
@@ -83,31 +83,30 @@
- (i) after “section” in the first place where it occurs insert—
> “the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 ([1972 No. 1256 (N.I. 14)](https://www.legislation.gov.uk/nisi/1972/1256));
> “*the 1972 Order*” means the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));
,
- (ii) after the definition of “the 1977 Act” insert—
> “Article 15B arrangements” means arrangements for the provision of services made under Article 15B of the 1972 Order;
> “Article 15B employee” means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing those services;
> “health care professional” means a member of a profession which is regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act [2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17);
> “Local Health Board” has the same meaning as in the 1977 Act;
,
- (iii) in the definition of “NHS employee”, after “Wales” insert “or, in relation to paragraph (b) below, Northern Ireland”,
> “*Article 15B arrangements*” means arrangements for the provision of services made under Article 15B of the 1972 Order;
> “*Article 15B employee*” means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing those services;
> “*health care professional*” means a member of a profession which is regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17);
> “*Local Health Board*” has the same meaning as in the 1977 Act;
,
- (iii) in the definition of “NHS employee”, after “Wales” insert “ or, in relation to paragraph (b) below, Northern Ireland ”,
- (iv) in that definition, for paragraph (b) substitute—
> (b) in the case of an agreement under which primary medical services are provided—
> (i) a Health Board;
> (ii) a Primary Care Trust or a Local Health Board;
> (iii) an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust;
> (iv) a person who is providing primary medical services in accordance with a general medical services contract or a section 28Q contract or an individual who is providing general medical services in accordance with Article 56 of the 1972 Order;
> (v) an individual who is providing general dental services;
> (vi) a person who is providing primary dental services in accordance with a section 28K contract or an individual who is providing general dental services in accordance with Article 61 of the 1972 Order;
> and in this paragraph NHS foundation trust, NHS trust and Primary Care Trust have the same meanings as in the 1977 Act;
> 1. in the case of an agreement under which primary medical services are provided—
> 1. a Health Board;
> 2. a Primary Care Trust or a Local Health Board;
> 3. an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust;
> 4. a person who is providing primary medical services in accordance with a general medical services contract or a section 28Q contract or an individual who is providing general medical services in accordance with Article 56 of the 1972 Order;
> 5. an individual who is providing general dental services;
> 6. a person who is providing primary dental services in accordance with a section 28K contract or an individual who is providing general dental services in accordance with Article 61 of the 1972 Order;
,
@@ -122,8 +121,8 @@
- (vii) after the definition of “section 28C employee” insert—
> “section 28K contract” means a general dental services contract under section 28K of the 1977 Act; and
> “section 28Q contract” means a general medical services contract under section 28Q of the 1977 Act.
> “*section 28K contract*” means a general dental services contract under section 28K of the 1977 Act; and
> “*section 28Q contract*” means a general medical services contract under section 28Q of the 1977 Act.
,
@@ -163,7 +162,7 @@
- (d) subsections (5) and (7) are repealed,
- (e) in subsection (6), for “personal medical services” substitute “primary medical services”.
- (e) in subsection (6), for “personal medical services” substitute “ primary medical services ”.
- (5) Section 17H (immunisation under section 17C arrangements) is repealed.
@@ -173,7 +172,7 @@
##### 3
The power of a Health Board under Part I of the National Health Service (Primary Care) Act [1997 (c. 46)](https://www.legislation.gov.uk/ukpga/1997/46) to make pilot schemes for the provision of personal medical services ceases to have effect.
The power of a Health Board under Part I of the National Health Service (Primary Care) Act 1997 (c. 46) to make pilot schemes for the provision of personal medical services ceases to have effect.
### General medical services contracts
@@ -185,13 +184,13 @@
> (17J)
> (1) A Health Board may enter into a contract under which primary medical services are provided (whether directly or indirectly) by a contractor in accordance with the provisions of this Part.
> (2) A contract under this section is referred to in this Act as a “general medical services contract”.
> (2) A contract under this section is referred to in this Act as a “*general medical services contract*”.
> (3) Subject to any provision made by or under this Part, a general medical services contract may make such provision as may be agreed between the Health Board and the contractor as respects—
> (a) the services to be provided under the contract;
> (b) the remuneration to be paid under the contract; and
> (c) any other matters.
> (4) The services to be provided under a general medical services contract may include services which are not primary medical services; and the contract may provide for such other services to be performed in any place where, by virtue of section 2C, primary medical services may be performed.
> (5) In this Part, “contractor”, in relation to a general medical services contract with a Health Board, means the other party to the contract.
> (5) In this Part, “*contractor*”, in relation to a general medical services contract with a Health Board, means the other party to the contract.
> (17K)
> (1) A general medical services contract must require the contractor to provide for the contractor’s patients primary medical services of such descriptions as may be prescribed.
> (2) Regulations under subsection (1) may in particular describe the primary medical services by reference to the manner or circumstances in which they are provided.
@@ -220,9 +219,9 @@
> (b) any share which is not so owned is legally and beneficially owned by an individual referred to in subsection (2)(c)(i) to (xi).
> (4) Regulations may make provision as to the effect on a general medical services contract entered into with a partnership of a change in the membership of the partnership.
> (5) In this section—
> - “health care professional” means a member of a profession regulated by a body mentioned (at the time the contract in question is entered into) in section 25(3) of the National Health Service Reform and Health Care Professions Act [2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17);
> - “NHS employee” has the same meaning as it has in section 17D in relation to an agreement under which primary medical services are provided;
> - “the 1972 Order”, “the 1977 Act”, “Article 15B arrangements”, “Article 15B employee”, “section 17C arrangements”, “section 17C employee”, “section 28C arrangements”, “section 28C employee”, “section 28K contract” and “section 28Q contract” each has the same meaning as in section 17D.
> - “*health care professional*” means a member of a profession regulated by a body mentioned (at the time the contract in question is entered into) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17);
> - “*NHS employee*” has the same meaning as it has in section 17D in relation to an agreement under which primary medical services are provided;
> - “*the 1972 Order*”, “*the 1977 Act*”, “*Article 15B arrangements*”, “*Article 15B employee*”, “*section 17C arrangements*”, “*section 17C employee*”, “*section 28C arrangements*”, “*section 28C employee*”, “*section 28K contract*” and “*section 28Q contract*” each has the same meaning as in section 17D.
> (6) The references in—
> (a) subsection (2)(c)(iv) to a health care professional who is engaged in the provision of services include a health care professional who has been so engaged;
> (b) subsection (2)(c)(v) to (xi) to a person or individual who is providing services include a person or individual who has provided the services,
@@ -285,7 +284,7 @@
> (17P)
> (1) Regulations may provide that a health care professional of a prescribed description may not perform any primary medical service which a Health Board is, under section 2C(1), under a duty to provide or secure the provision of unless that professional is included in a list maintained under the regulations by the Health Board.
> (2) For the purposes of this section, “health care professional” means a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act [2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17).
> (2) For the purposes of this section, “*health care professional*” means a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).
> (3) Regulations under subsection (1) may make provision in relation to such lists and in particular as to—
> (a) the preparation, maintenance and publication of a list;
> (b) eligibility for inclusion in a list;
@@ -319,7 +318,7 @@
- (c) after that subsection insert—
> (8A) In subsection (8)(a), “health care professional” has the same meaning as in section 17D.
> (8A) In subsection (8)(a), “*health care professional*” has the same meaning as in section 17D.
### Assistance and support
@@ -334,7 +333,7 @@
> (a) any person providing, or proposing to provide, primary medical services under a general medical services contract;
> (b) any person providing, or proposing to provide, such services in accordance with section 17C arrangements.
> (2) Assistance and support provided by a Health Board under subsection (1) is to be provided on such terms, including terms as to payment, as the Board think fit.
> (3) In this section, “assistance” includes financial assistance.
> (3) In this section, “*assistance*” includes financial assistance.
## Part 2 — General
@@ -388,9 +387,9 @@
- (2) In section 15(1)(a) (supply of goods and services to local authorities etc.)—
- (a) in sub-paragraph (i), for “general medical,” substitute “primary medical services under a general medical services contract or”,
- (b) in sub-paragraph (ii), for “personal medical services” substitute “primary medical services”.
- (a) in sub-paragraph (i), for “general medical,” substitute “ primary medical services under a general medical services contract or ”,
- (b) in sub-paragraph (ii), for “personal medical services” substitute “ primary medical services ”.
- (3) In section 17D(2), after the definition of “section 28C arrangements” the word “and” is repealed.
@@ -398,19 +397,19 @@
- (5) Section 17F (right to choose medical practitioner in relation to primary medical services) is repealed.
- (6) In section 17I (making available by Scottish Ministers of accommodation for use in connection with section 17C arrangements), for “personal medical services” substitute “primary medical services”.
- (7) Sections 19 (arrangements etc. in relation to general medical services) to 23 (refusal of application: provision of services adequate) and 24A (liabilities and obligations in relation to deputies) to 24C (application for inclusion in supplementary list) are repealed.
- (8) In section 28(1) (persons authorised to provide pharmaceutical services), for “general medical services” substitute “primary medical services under Part 1”.
- (6) In section 17I (making available by Scottish Ministers of accommodation for use in connection with section 17C arrangements), for “personal medical services” substitute “ primary medical services ”.
- (7) Sections 19 (arrangements etc. in relation to general medical services) to 23 (refusal of application: provision of services adequate) and 24A (liabilities and obligations in relation to deputies) to 24C (application for inclusion in supplementary list) arerepealed.
- (8) In section 28(1) (persons authorised to provide pharmaceutical services), for “general medical services” substitute “ primary medical services under Part 1 ”.
- (9) In section 28A(1) (remuneration for provision of Part II services), the words “general medical services,” are repealed.
- (10) In section 28B(6) (Part II remuneration: supplementary), for “sections 19(3) and” substitute “section”.
- (10) In section 28B(6) (Part II remuneration: supplementary), for “sections 19(3) and” substitute “ section ”.
- (11) In section 28C(3) (indemnity cover)—
- (a) in the definition of “list”, for “29” substitute “29(8)(b) to (e)”,
- (a) in the definition of “list”, for “29” substitute “ 29(8)(b) to (e) ”,
- (b) in the definition of “Part II services”, the words “general medical services,” are repealed.
@@ -426,15 +425,15 @@
are repealed,
- (b) in paragraph (b), for sub-paragraphs (i) and (ii) substitute “in all lists within the same paragraph of section 29(8) as that list.”
- (b) in paragraph (b), for sub-paragraphs (i) and (ii) substitute “ in all lists within the same paragraph of section 29(8) as that list. ”
- (14) In section 35 (sale of medical practices)—
- (a) in subsection (1)—
- (i) in paragraph (a) after “1972 or” insert “(prior to its repeal) section 19 of”,
- (ii) in paragraph (b), at the end insert “(prior to the coming into force of section 2C)”,
- (i) in paragraph (a) after “1972 or” insert “ (prior to its repeal) section 19 of ”,
- (ii) in paragraph (b), at the end insert “ (prior to the coming into force of section 2C) ”,
- (iii) after that paragraph insert
@@ -447,15 +446,15 @@
- (b) in subsection (2), in the definition of “relevant area”—
- (i) after “by arrangement” insert “or contract”,
- (ii) for paragraphs (a) and (b) substitute “provided or performed services as specified in subsection (1)”.
- (15) Section 40(2) (vaccination and immunisation) is repealed.
- (i) after “by arrangement” insert “ or contract ”,
- (ii) for paragraphs (a) and (b) substitute “ provided or performed services as specified in subsection (1) ”.
- (15) Section 40(2)(vaccination and immunisation) is repealed.
- (16) In section 85AA (means of meeting expenditure of Health Boards out of public funds), in subsection (4)—
- (a) in paragraph (a)(ii), for “to (d)” substitute “or (c)”,
- (a) in paragraph (a)(ii), for “to (d)” substitute “ or (c) ”,
- (b) paragraph (d) is repealed.
@@ -463,7 +462,7 @@
- (a) after the definition of “functions”, insert—
> “general medical services contract” has the meaning given in section 17J(2);
> “*general medical services contract*” has the meaning given in section 17J(2);
,
@@ -471,7 +470,7 @@
- (c) after the definition of “prescribed” insert—
> “primary medical services” is to be construed in accordance with section 2C(5);
> “*primary medical services*” is to be construed in accordance with section 2C(5);
,
@@ -493,13 +492,13 @@
- (i) in paragraph (a), the words “personal medical services or” are repealed,
- (ii) in paragraph (b), after “which” insert “(not being primary medical services)”,
- (ii) in paragraph (b), after “which” insert “ (not being primary medical services) ”,
- (d) in subsection (5), paragraph (a) is repealed,
- (e) in subsection (8), for the definition of “personal medical services” substitute—
> “primary medical services” has the same meaning as for the purposes of Part I of the 1978 Act;
> “*primary medical services*” has the same meaning as for the purposes of Part I of the 1978 Act;
.
@@ -551,9 +550,9 @@
,
- (b) in sub-paragraph (c), for “personal medical services” substitute “primary medical services”.
- (3) In schedule 4 (matters which Ombudsman must not investigate), in paragraph 14, for “19” substitute “17P”.
- (b) in sub-paragraph (c), for “personal medical services” substitute “ primary medical services ”.
- (3) In schedule 4 (matters which Ombudsman must not investigate), in paragraph 14, for “19” substitute “ 17P ”.
#### Freedom of Information (Scotland) Act 2002 (asp 13)
@@ -563,11 +562,11 @@
- (a) in paragraph 33—
- (i) for “general medical services,” substitute “primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or”,
- (ii) for “the National Health Service (Scotland) Act 1978” substitute “that Act”,
- (b) in paragraph 34, for “personal medical services” substitute “primary medical services”.
- (i) for “general medical services,” substitute “ primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or ”,
- (ii) for “the National Health Service (Scotland) Act 1978” substitute “ that Act ”,
- (b) in paragraph 34, for “personal medical services” substitute “ primary medical services ”.
#### Health Boards' functions: provision of primary medical services
2004-01-27
Primary Medical Services (Scotland) Act 2004
original version
Text at this date