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The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

Type Scottish-Statutory-Instrument
Publication 2004-03-10
Last updated 2025-04-01
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
25

Section 2C was inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”), section 1; section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46) and amendedtype=start time=1185533168068 bytype=end time=1185533168068 the 2004 Act, section 2(2); section 17J was inserted by the 2004 Act, section 4.

26

1983 c. 54. Section 2 was amended by S.I. type=start time=11855332510381996/1591type=end time=1185533251038.

28

Section 32A(2) was inserted by the National Health Service (Amendment) Act 1995 (c. 31) (“the 1995 Act”), section 8 and amended by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 51; Section 32B(1) was inserted by the 1995 Act, section 8 and substituted by the 1999 Act, Schedule 4, paragraph 52(a).

29

S.I. 1998/5 as amended by S.I. 1998/669 and S.S.I. 2000/23.

30

1978 c. 29. Section 2C was inserted by the Primary Medical Services (Scotland) Act (asp 1), section 1(2).

31

Section 36 was amended by the Medical (Professional Performance) Act 1995 (c. 51) (“the 1995 Act”), Schedule, paragraph 5 and by S.I. 2000/1803.

32

Section 38 (1) was amended by the 1995 Act, Schedule, paragraph 7(2)(a)-(c).

33

Sections 35D and 38 are inserted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

34

Schedule 4 is substituted by article 14 of the 2002 Order, with effect from such date as the Secretary of State may specify.

35

Section 29B(2) was inserted by the Health Act 1999 (c. 8) (“the 1999 Act”) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), schedule 2, paragraph 2(6) and the Primary Medical Services (Scotland) Act 2004 (asp 1), schedule, paragraph 1(13); section 30 was substituted by the 1999 Act, section 58(2), and amended by the 2002 Act, schedule 2, paragraph 2(7); section 31 was renumbered section 31(1) by the 1999 Act, Schedule 4, paragraph 49 and amended by the 2002 Act, schedule 2, paragraph 2(8).

36

Section 32A was amended by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 51 and the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), schedule 2, paragraph 2(9); section 32B was amended by the 1999 Act, Schedule 4, paragraph 52 and the 2002 Act, schedule 2, paragraph 2(10); section 32D was amended by the 1999 Act, Schedule 4, paragraph 53 and the 2002 Act, schedule 2, paragraph 2(11).

38

1978 c. 29. Section 2C was inserted by the Primary Medical Services (Scotland) Act (asp 1), section 1(2).

39

1983 c. 54. Section 37 was amended by the Medical (Professional Performance) Act 1995 (c. 51) (“the 1995 Act”), Schedule, paragraph 6 and by S.I. 2000/1803; section 41A was inserted by S.I. 2000/1803.

40

Section 41A is substituted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

42

1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).

43

S S.I. 2003/460.

44

S.I. 1994/3130. The relevant amending instrument is S.I. 1998/669.

Primary Medical Services Performers

Primary Medical Services Performers Lists

Publication of primary medical services performers lists

Application for inclusion in the primary medical services performers list and notification of changes

Decisions and grounds for refusal and deferral

Requirements with which a medical practitioner included in a primary medical services' performers list must comply

Removal from primary medical services performers lists

Removal from the primary medical services performers list of medical practitioners not performing primary medical services

Re-inclusion in a primary medical service performers list

Amendment or withdrawal from primary medical services performers lists

Appeal to the Scottish Ministers

Disclosure of information

Payments to suspended medical practitioners

Revocations

Editorial notes

45

1978 c. 29. Section 17P was inserted by the Primary Medical Services (Scotland) Act 2004 asp 1 (“the 2004 Act”), section 5(2); section 32E was inserted by the National Health Service (Amendment) Act 1995 (c. 31), section 8; section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and by the Health Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24; section 108(1) defines “prescribed” and “regulations.” The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

48

1983 c. 54. Section 11(4) was amended by the National Health Service (Primary Care) Act 1997 (c. 46), section 35(4) and Schedule 2, Part 1, paragraph 61.

49

Section 9 was amended by the National Health Service and Community Care Act 1990 (c. 19), section 29(5) and the Health Act 1999 (c. 8), Schedule 4, paragraph 43.

50

Section 29C(1) was inserted by the Health Act 1999 (c. 8), section 58.

51

1983 c. 54. Paragraph 19E is inserted by article 5(3) of the 2002 Order, with effect from such date as the Secretary of State may specify.

52

Section 35E is inserted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

53

1983 c. 54. Section 15 was amended by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, Part 1, paragraph 61(4); section 15A was inserted by S.I. 2000/3041. Section 21 was amended by the 1997 Act, Schedule 2, Part 1, paragraph 61(5) and by S.I. 1996/1591 and 2002/3135.

55

Section 69 was amended by the Statute Law (Repeals) Act 1993 (c. 50) and the Pharmacists (Fitness to Practise) Act 1997 (c. 19), Schedule, paragraph 5.

57

Section 2C was inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”), section 1; section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46) and amended by the 2004 Act, section 2(2); section 17J was inserted by the 2004 Act, section 4.

58

1983 c. 54. Section 2 was amended by S.I. 1996/1591.

59

1978 c. 29. Section 2C was inserted by the Primary Medical Services (Scotland) Act (asp 1), section 1(2).

60

Section 36 was amended by the Medical (Professional Performance) Act 1995 (c. 51) (“the 1995 Act”), Schedule, paragraph 5 and by S.I. 2000/1803.

61

Section 38 (1) was amended by the 1995 Act, Schedule, paragraph 7(2)(a)-(c).

62

Sections 35D and 38 are inserted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

63

Schedule 4 is substituted by article 14 of the 2002 Order, with effect from such date as the Secretary of State may specify.

64

Section 29B(2) was inserted by the Health Act 1999 (c. 8) (“the 1999 Act”) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), schedule 2, paragraph 2(6) and the Primary Medical Services (Scotland) Act 2004 (asp 1), schedule, paragraph 1(13); section 30 was substituted by the 1999 Act, section 58(2), and amended by the 2002 Act, schedule 2, paragraph 2(7); section 31 was renumbered section 31(1) by the 1999 Act, Schedule 4, paragraph 49 and amended by the 2002 Act, schedule 2, paragraph 2(8).

65

Section 32A was amended by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 51 and the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), schedule 2, paragraph 2(9); section 32B was amended by the 1999 Act, Schedule 4, paragraph 52 and the 2002 Act, schedule 2, paragraph 2(10); section 32D was amended by the 1999 Act, Schedule 4, paragraph 53 and the 2002 Act, schedule 2, paragraph 2(11).

67

1978 c. 29. Section 2C was inserted by the Primary Medical Services (Scotland) Act (asp 1), section 1(2).

68

1983 c. 54. Section 37 was amended by the Medical (Professional Performance) Act 1995 (c. 51) (“the 1995 Act”), Schedule, paragraph 6 and by S.I. 2000/1803; section 41A was inserted by S.I. 2000/1803.

69

Section 41A is substituted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

71

1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).

103

Words in reg. 2 substituted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 19.10.2007 in so far as not already in force, as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 79(a)(i)

104

Words in reg. 2 omitted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 19.10.2007 in so far as not already in force, as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 79(a)(ii)

105

Sch. 1 para. 2(b) omitted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 19.10.2007 in so far as not already in force, as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 79(a)(ii)

171

Reg. 3A inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 3 para. 1(2) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

172

Reg. 7B inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 3 para. 1(3) (with ss. 88-90) (which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

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