The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

Where the contractor changes from being an individual to a partnership

112

• (1) If—

• (a) a contractor is an individual medical practitioner who proposes to practise in partnership (but not in a limited liability partnership) (“the proposed partnership”) with one or more persons (“the proposed partners”);

• (b) the proposed partners propose that the proposed partnership should enter into a new contract (“the new contract”) with the Health Board on as similar terms as possible to the contractor’s contract (“the old contract”) and, as a consequence;

• (c) the contractor proposes to terminate the old contract,

the contractor and the proposed partners may give written notice of those matters to the Health Board which states—

• (i) the name and address of the proposed partnership and of the proposed partners;

• (ii) the date on which it is proposed that the partnership should be formed and become the contractor, which must not be less than 28 days after the date of service of the notice;

• (iii) that when the proposed partnership is formed, the requirements of regulations 5(2) and 6(1)(b) will be satisfied; and

• (iv) whether or not the proposed partnership is to be a limited partnership and, if so, who will be a limited and who a general partner,

and the notice must be signed by the contractor and by the proposed partners as proposed partners of the proposed partnership.

• (2) If the Health Board is satisfied as to the accuracy of the matters specified in the notice under sub‑paragraph (1), it must give written notice to the contractor and the proposed partners that it is prepared—

• (a) to terminate the old contract with effect from a specified date; and

• (b) to enter into a new contract with the proposed partnership with effect from that date which is to be on the same terms as the old contract, with only such changes as are necessary to reflect the fact that the contractor will be a partnership and not an individual medical practitioner, and that the contract will have been entered into after 22nd December 2010,

and the notice must specify the changes which the Health Board considers are necessary in terms of sub-paragraph 2(b).

• (3) Where it is reasonably practicable, the date specified by the Health Board in the notice under sub‑paragraph (2) is to be the date proposed in the notice served under sub‑paragraph (1) or, where that date is not reasonably practicable, the date specified is to be a date after that proposed date that is as close to it as is reasonably practicable.

• (4) If the contractor and the proposed partners agree with what is contained in the notice by the Health Board under sub‑paragraph (2)—

• (a) the Health Board and the contractor are to agree in writing to terminate the old contract with effect from the date specified in that notice; and

• (b) the Health Board and the partnership are to enter into a new contract with each other with effect from that date on the terms mentioned in sub-paragraph (2)(b) but subject to the changes specified in that notice.

• (5) This paragraph is without prejudice to any other way in which the old contract may be terminated and a new contract entered into with the partnership.

Where the contractor changes from being a partnership to an individual

113

• (1) If a contractor is a partnership which it is proposed will be terminated or dissolved and as a consequence the contractor’s contract (“the old contract”) will be terminated and one of the partners wishes to enter into a new contract (“the new contract”) with the Health Board as an individual medical practitioner (“the proposed contractor”) on as similar terms as possible as the old contract, the partnership and the proposed contractor may give written notice thereof to the Health Board which must state—

• (a) the name and address of the partnership, of the partners in that partnership and of the proposed contractor;

• (b) the date on which it is proposed that the proposed contractor should become the contractor, which must not be less than 28 days after the date of service of the notice; and

• (c) that the proposed contractor meets the requirements of regulations 5(1) and 6(1)(a),

and the notice must be signed by the partnership, the partners in that partnership and the proposed contractor.

• (2) If the Health Board is satisfied as to the accuracy of the matters specified in the notice under sub‑paragraph (1), it must give written notice to the partnership and the proposed contractor that it is prepared—

• (a) to terminate the old contract with effect from a specified date; and

• (b) to enter into a new contract with the proposed contractor with effect from that date which is to be on the same terms as the old contract, with only such changes as are necessary to reflect the fact that the contractor will be an individual medical practitioner and not a partnership, and that the contract will have been entered into after 22nd December 2010,

and the notice must specify the changes which the Health Board consider are necessary in terms of sub-paragraph (2)(b).

• (3) Where it is reasonably practicable, the date specified by the Health Board in the notice under sub‑paragraph (2) is to be the date proposed in the notice served under sub‑paragraph (1) or, where that date is not reasonably practicable, the date specified is to be a date after that proposed date that is as close to it as is reasonably practicable.

• (4) If the partnership and the proposed contractor agree with what is contained in the notice by the Health Board under sub‑paragraph (2)—

• (a) the Health Board and the partnership are to agree in writing to terminate the old contract with effect from the date specified in that notice; and

• (b) the Health Board and the proposed contractor are to enter into a new contract with each other with effect from that date on the terms mentioned in sub-paragraph (2)(b) but subject to the changes specified in that notice.

• (5) This paragraph is without prejudice to any other way in which the old contract may be terminated and a new contract entered into with the proposed contractor.

PART 9 — MISCELLANEOUS

Clinical governance

114

• (1) The contractor must have an effective system of clinical governance.

• (2) The contractor must nominate a person who will have responsibility for ensuring the effective operation of a system of clinical governance.

• (3) The person nominated under sub‑paragraph (2) must be a person who performs or manages services under the contract.

• (3A) Where a health care professional employed by the Health Board performs clinical services from the contractor’s practice premises—

• (i) the contractor must provide the Health Board with information about its system of clinical governance which is sufficient to allow that health care professional to effectively co-operate with that system of clinical governance, and

• (ii) the Health Board must ensure that any such health care professionals employed by the Health Board is aware of the contractor’s system of clinical governance.

• (3B) Where the Health Board provides clinical services from the contractor’s practice premises, the Health Board must have regard to the contractor’s system of clinical governance.

• (4) In this paragraph “system of clinical governance” means a framework through which the contractor endeavours continuously to improve the quality of its service and safeguard high standards of care by creating an environment in which clinical excellence can flourish.

Medical Indemnity Insurance

115

• (1) The contractor must at all times have in force in relation to it an indemnity arrangement which provides appropriate cover.

• (2) The contractor must not sub‑contract its obligations to provide clinical services under the contract unless it has satisfied itself that the sub‑contractor has in force in relation to it an indemnity arrangement which provides appropriate cover.

• (3) In this paragraph—

• (a) “indemnity arrangement” means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;

• (b) “appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services; and

• (c) a contractor is regarded as having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to a person employed or engaged by the contractor in connection with clinical services which that person provides under the contract or, as the case may be, sub-contract.

Public Liability Insurance

116

The contractor must at all times hold adequate public liability insurance in relation to liabilities to third parties arising under or in connection with the contract which are not covered by an indemnity arrangement referred to in paragraph 115.

Gifts

117

• (1) The contractor must keep a register of gifts which—

• (a) are given to any of the persons specified in sub-paragraph (2) by or on behalf of—

• (i) a patient;

• (ii) a relative of a patient; or

• (iii) any person who provides or wishes to provide services to the contractor or its patients in connection with the contract; and

• (b) have, in its reasonable opinion, an individual value of more than £100.00.

• (2) The persons referred to in sub-paragraph (1) are—

• (a) the contractor;

• (b) where the contract is with a partnership, any partner;

• (c) where the contract is with a limited liability partnership, any member of the limited liability partnership;

• (d) where the contract is with a company—

• (i) any member of the company; or

• (ii) a director or secretary of the company;

• (e) any person employed by the contractor for the purposes of the contract;

• (f) any general medical practitioner engaged by the contractor for the purposes of the contract;

• (g) any spouse or civil partner of a contractor (where the contractor is an individual medical practitioner) or of a person specified in paragraphs (b) to (f); or

• (h) any person whose relationship with a contractor (where the contractor is an individual medical practitioner) or with a person specified in paragraphs (b) to (f) has the characteristics of the relationship between spouses or civil partners.

• (3) Sub‑paragraph (1) does not apply where—

• (a) there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the contractor;

• (b) the contractor is not aware of the gift; or

• (c) the contractor is not aware that the donor wishes to provide services to the contractor.

• (4) The contractor must take reasonable steps to ensure that it is informed of gifts which fall within sub‑paragraph (1) and which are given to the persons specified in sub-paragraph (2)(b) to (h).

• (5) The register referred to in sub‑paragraph (1) must include the following information:—

• (a) the name of the donor;

• (b) in a case where the donor is a patient, the patient’s National Health Service number or, if the number is not known, the patient’s address;

• (c) in any other case, the address of the donor;

• (d) the nature of the gift;

• (e) the estimated value of the gift; and

• (f) the name of the person or persons who received the gift.

• (6) The contractor must make the register available to the Health Board on request.

Duty of candour

118

The contractor must have arrangements in place which operate in accordance with Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016¹³⁹, and any regulations or directions made under that part of that Act¹⁴⁰.

Compliance with legislation and guidance

119

The contractor must—

• (a) comply with all relevant legislation; and

• (b) have regard to all relevant guidance issued by the Health Board and the Scottish Ministers.

Third party rights

120

The contract will not create any right enforceable by any person not a party to it.

PART 10 — QUALITY

Duty to participate in quality arrangements

121

• (1) Subject to paragraph 122, the contractor must meaningfully participate in quality arrangements.

• (2) The contractor must nominate a person who will be a Practice Quality Lead for the purpose of—

• (a) their cluster membership; and

• (b) attending meetings of the contractor’s cluster.

• (3) The person nominated under sub‑paragraph(2) must be a general medical practitioner who performs services under the contract.

• (4) In this paragraph and paragraph 122—

• “cluster” means a group of practices where each practice is represented by a Practice Quality Lead;

• “Cluster Quality Lead” means a person who is a member of a cluster that is appointed by a Health Board to represent that cluster to the Health Board;

• “meaningfully participate” means, as a minimum—ensuring that all members of the contractor’s practice supply the Practice Quality Lead with any requested information(“practice quality data”);considering practice quality data with the support and direction of the Practice Quality Lead; andhaving regard to any quality improvement measures proposed by the contractor’s cluster;

• “quality arrangements” means the proceedings and arrangements specified in directions given by the Scottish Ministers under section 2(5) of the Act; and

• “Practice Quality Lead” means a medical practitioner nominated by a contractor to represent the contractor’s practice to the cluster.

Quality arrangements

122

• (1) The contractor and the contractor’s practice must comply with the quality arrangements as determined by and with the support of the Practice Quality Lead and with any further conditions relating to quality set out in directions given by Scottish Ministers under section 2(5) of the Act¹⁴¹.

• (2) The Practice Quality Lead must spend a minimum of two sessions a month in pursuance of their role and regularly attend meetings of the contractor’s cluster.

• (3) Where a Health Board is considering appointing a Cluster Quality Lead, that Health Board must consult a Practice Quality Lead who is a member of that cluster prior to offering an appointment.

• (4) Where a cluster determines that a contractor is failing to meaningfully participate in quality arrangements it must arrange for the contractor to receive supportive measures that enable them to meet their duties under this paragraph and paragraph 121.

SCHEDULE 7 — CLOSURE NOTICE

SCHEDULE 8 — PRACTICE INFORMATION

...

SCHEDULE 9 — REVOCATIONS

Column 1Secondary legislation revoked	Column 2Reference	Column 3Extent of revocation
The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004	S.S.I. 2004/115	The whole Regulations, subject to regulation 33(1) ... of these Regulations
The General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004	S.S.I. 2004/142	The whole Regulations
The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004	S.S.I. 2004/162	Regulation 4
The National Health Service (General Medical Services (Contracts) (Scotland) Amendment Regulations 2004	S.S.I. 2004/215	The whole Regulations
The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2005	S.S.I. 2005/337	The whole Regulations
The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2006	S.S.I. 2006/247	The whole Regulations
The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2007	S.S.I. 2007/206	The whole Regulations
The National Health Service (General Medical Services Contracts) (Scotland) Amendment (No. 2) Regulations 2007	S.S.I. 2007/392	The whole Regulations
The National Health Service (General Medical Services Contracts) (Scotland) Amendment (No. 3) Regulations 2007	S.S.I. 2007/501	The whole Regulations
The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009	S.S.I. 2009/183	Schedule 6, paragraph 4
The National Health Service (General Medical Services Contracts, Primary Medical Services Section 17C Agreements and Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2010	S.S.I. 2010/93	Regulation 2
The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2010	S.S.I. 2010/394	The whole Regulations
National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011	S.S.I. 2011/32	The words “under the terms of a general medical services contract” to “the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” in regulation 3
The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011	S.S.I. 2011/55	Schedule 1, paragraph 4
Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011	S.S.I. 2011/211	Schedule 1, paragraph 31 and schedule 2, paragraph 25, subject to regulation 33(3) of these Regulations
The National Health Service (General Medical Services Contracts) (Scotland) Amendment Regulations 2012	S.S.I. 2012/9	The whole Regulations
The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012	S.S.I. 2012/36	Schedule 1, paragraph 1
The National Health Service (Physiotherapist, Podiatrist or Chiropodist Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2014	S.S.I. 2014/73	Regulations 2, 3 and 4
The National Health Service (Pharmaceutical Services) (Scotland) (Miscellaneous Amendments) Regulations 2014	S.S.I. 2014/148	Regulations 10 and 11
The National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016	S.S.I. 2016/393	Regulations 2, 3 and 4

SCHEDULE 10 — CONSEQUENTIAL AMENDMENTS

The National Health Service (Scotland) (Injury Benefits) Regulations 1998

1

• (1) The National Health Service (Scotland) (Injury Benefits) Regulations 1998¹⁴² are amended as follows.

• (2) In regulation 2 (interpretation), in the definition of “enhanced services”¹⁴³, for “regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “regulation 3(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”.

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

2

• (1) The National Health Service (Primary Medical Services Performers Lists (Scotland) Regulations 2004¹⁴⁴ are amended as follows.

• (2) In regulation 2 (interpretation), in the definition of “General Medical Services Contracts Regulations”, for “the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”.

• (3) In schedule 1—

• (a) in paragraph 3(c)(i), for “paragraph 114 (gifts) of Schedule 5 (other contractual terms) to” substitute “paragraph 117 (gifts) of schedule 6 of”; and

• (b) in paragraph 3(d)(i), for “paragraph 114 of Schedule 5 to” substitute “paragraph 117 (gifts) of schedule 6 of”.

The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004

3

• (1) The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004¹⁴⁵ are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) in the definition of “enhanced services”, in both places it appears, for “2(1)” substitute “3(1)”;

• (b) in the definition of “essential services”, for “15(3), (5), (6) and (8)” substitute “18(3), (5), (6) and (8)”; and

• (c) in the definition of “GMS Contracts Regulations”, for “the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”.

The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

4

• (1) The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004¹⁴⁶ is amended as follows.

• (2) In article 1(2) (interpretation)—

• (a) omit the definition of “the 2004 Regulations”;

• (b) insert the following definition at the appropriate place—

• “the GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018;

• (c) in the definition of “list of patients”, in paragraph (b), for “paragraph 14 of Schedule 5 to” substitute “paragraph 11 of schedule 6 of”;

• (d) in the definition of “practice premises”, for the second “regulation 2(1)” substitute “regulation 3(1)”; and

• (e) in the definition of “temporary resident”, for “paragraph 16 of Schedule 5 to” substitute “paragraph 13 of schedule 6 of”.

• (3) In article 3(a) (applications for inclusion in list of patients), for “paragraph 15 of Schedule 5 to” substitute “paragraph 12 of schedule 6 of”.

• (4) In article 4 (acceptance of applications for inclusion in lists of patients)¹⁴⁷—

• (a) in paragraph (1)(a), for “paragraph 15(5) of Schedule 5 to” substitute “paragraph 12(5) of schedule 6 of”; and

• (b) omit paragraph (2).

• (5) In article 5(a) (removal from the list of patients at the request of the patient)—

• (a) for “paragraph 19 of Schedule 5 to” substitute “paragraph 16 of schedule 6 of”; and

• (b) for “19(3)(b)” substitute “16(3)(b)”.

• (6) In article 6(2)(a) (removal from the list of patients at the request of the relevant medical practitioner), for “paragraph 20(8) of Schedule 5 to” substitute “paragraph 17(8) of schedule 6 of”.

• (7) In article 8(a) (removals from the list of patients who have moved)—

• (a) for “paragraph 24 of Schedule 5 to” substitute “paragraph 21 of schedule 6 of”; and

• (b) for “paragraph 24(a)” substitute “paragraph 21(a)”.

• (8) In article 10(a) (applications for acceptance as a temporary resident) for “paragraphs 16 and 17 of Schedule 5 to” substitute “paragraphs 13 and 14 of schedule 6 of”.

• (9) In article 11(2)(a) (acceptance of temporary residents), for “paragraph 16 of Schedule 5 to” substitute “paragraph 13 of schedule 6 of”.

• (10) In article 14(3)(a) (newly registered patients), for “paragraph 4 of Schedule 5 to” substitute “paragraph 5 of schedule 6 of”.

• (11) In article 15 (appointments system), for paragraph 74(c) of Schedule 5 to” substitute “paragraph 78(c) of schedule 6 of”.

• (12) In article 18(1)(a) (patient records), for “paragraph 66 of Schedule 5 to” substitute “paragraph 68 of schedule 6 of”.

• (13) In article 19(1)(a) (rights of entry), for “paragraph 81 of Schedule 5 to” substitute “paragraph 86 of schedule 6 of”.

• (14) In article 22(a) (complaints relating to general medical services made after 31st March 2004), for “paragraph 82 of Schedule 5 to” substitute “paragraph 87 of schedule 6 of”.

• (15) In article 23(1)(a) (reports to a medical officer), for “paragraph 72 of Schedule 5 to” substitute “paragraph 76 of schedule 6 of”.

• (16) In article 24 (arrangements with organisations providing deputy doctors)—

• (a) in paragraph (1)¹⁴⁸, for “paragraph 103(1) of Schedule 5 to” substitute “paragraph 106(1) of schedule 6 of”;

• (b) in paragraph (2), for “paragraph 103(6) of Schedule 5 to” substitute “paragraph 106(6) of schedule 6”; and

• (c) in paragraph (3), for “paragraph 103(1) of Schedule 5 to” substitute “paragraph 106(1) of schedule 6 of”.

• (17) In article 25(4)(b) (practice leaflet), for “regulation 2(1)” substitute “regulation 3(1)”.

• (18) In article 29(2) (arrangements for GP registrars), for “regulation 2(1)” substitute “regulation 3(1)”.

• (19) In article 35(1) (carry over of approvals, applications, notices etc.)—

• (a) in sub-paragraph (j), for “paragraph 18 of Schedule 5 to” substitute “paragraph 15 of schedule 6 of”;

• (b) in sub-paragraph (l), for “paragraphs 66(6) or 79(1) or (3) of Schedule 5 to” substitute “paragraphs 68(5), or 84(1) or (3) of schedule 6 of”; and

• (c) in sub-paragraph (m), for “paragraph 20(3) of Schedule 5 to” substitute “paragraph 17(3) of schedule 6 of”.

• (20) In article 36 (newly registered patients)—

• (a) in paragraph (1), in both places it appears, for “paragraph 4 of Schedule 5 to” substitute “paragraph 5 of schedule 6 of”; and

• (b) in paragraph (2), for “paragraph 4(2) of Schedule 5 to” substitute “paragraph 5(2) of schedule 6 of”.

• (21) In article 37 (temporary residents), in both places it appears, for “paragraph 16 of Schedule 5 to” substitute “paragraph 13 of schedule 6 of”.

• (22) In article 38 (provision of immediately necessary treatment), for “regulation 15” substitute “regulation 18”.

• (23) In article 39 (removals from the list of patients)—

• (a) in paragraph (1), for “paragraph 19(3) of Schedule 5 to” substitute “paragraph 16(3) of schedule 6 of”;

• (b) in paragraph (2), in both places it appears, for “paragraph 23 of Schedule 5 to” substitute “paragraph 20 of schedule 6 of”; and

• (c) in paragraph (3), in both places it appears, for “paragraph 24 of Schedule 5 to” substitute “paragraph 21 of schedule 6 of”.

• (24) In article 40 (requirement to provide dispensing services)—

• (a) in paragraph (1), for “Schedule 5 to” substitute “schedule 6 of”; and

• (b) in paragraph (2), for “regulation 2(1) substitute “regulation 3(1)”.

• (25) In article 42 (complaints)—

• (a) in paragraph (1), in both places it appears, for “paragraph 82 of Schedule 5 to” substitute “paragraph 87 of schedule 6 of”; and

• (b) in paragraph (2), for “paragraphs 82 to 86 and 88 of Schedule 5 to” substitute “paragraph 88 of schedule 6”.

• (26) In article 43(1) (refund of fees)—

• (a) for “regulation 24(3)” substitute “regulation 28(3)”; and

• (b) for “regulation 24(4)” substitute “regulation 28(4)”.

• (27) In article 44(1)(a) (annual returns and reviews), for “paragraph 73 of Schedule 5 to” substitute “paragraph 77 of schedule 6 of”.

• (28) In article 46 (grounds for termination of the general medical services contract), in both places it appears, for “paragraph 101 of Schedule 5 to” substitute “paragraph 103 of schedule 6 of”.

• (29) Omit Part 6.

• (30) Insert after Article 61—

(62A) Regulation 33 of the GMS Contracts Regulations shall apply to all contracts, including default contracts, to which Part 6 of this Order applied on 31st March 2018, as if these contracts were contracts which included a requirement to provide out of hours services pursuant to regulation 32 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004¹⁴⁹ on 31st March 2018.

• (31) In article 79(3) (determination of a Health Board or the Scottish Ministers made before the relevant date), for “paragraph 103(7) of Schedule 5 to” substitute “paragraph 106(7) of schedule 6 of”.

• (32) In article 80(5) (determination of a Health Board made on or after the relevant date), for “paragraph 103(7) of Schedule 5 to” substitute “paragraph 106(7) of schedule 6 of”.

• (33) In article 81(8) (appeals to the Scottish Ministers against determinations of Health Boards), for paragraph 103(7) of Schedule 5 to” substitute “paragraph 106(7) of schedule 6 of”.

• (34) Wherever it appears in the Order, for “the 2004 Regulations” substitute “the GMS Contract Regulations”.

• (35) In articles 16, 17¹⁵⁰, 29(1)(a), 35(1)(k) and (2), 41(1) and 45(2), wherever it appears, for “Schedule 5 to” substitute “schedule 6 of”.

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

5

• (1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009¹⁵¹ are amended as follows.

• (2) In regulation 2(1) (interpretation and application)—

• (a) in paragraph (b) of the definition of “appropriate non-proprietary name”, for “Schedule 5 to” substitute “schedule 6 of ”;

• (b) in paragraph (a) of the definition of “dispensing doctor”¹⁵², for “paragraph 44 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “paragraph 44 of schedule 6 of the GMS Contracts Regulations”;

• (c) in the definition of “GMS Contracts Regulations”, for “the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”; and

• (d) in paragraph (b) of the definition of “scheduled drug”, for “Schedule 5 to” substitute “schedule 6 of”.

The National Health Service Superannuation Scheme (Scotland) Regulations 2011

6

• (1) The National Health Service Superannuation Scheme (Scotland) Regulations 2011¹⁵³ are amended as follows.

• (2) In regulation A2(4) (interpretation)—

• (a) in paragraph (a) of the definition of “additional services”, for “Schedule 1 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “schedule 1 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”;

• (b) in the definition of “certification services”, for “Schedule 3 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “schedule 4 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”;

• (c) in the definition of “enhanced services”, in both places it appears, for “regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “regulation 3(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”; and

• (d) in the definition of “essential services”, for “regulation 15 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “regulation 18 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”.

The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

7

• (1) The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012¹⁵⁴ are amended as follows.

• (2) In regulation 1(2) (citation, commencement and interpretation), for sub-paragraph (a)(i) of the definition of “relevant complaints procedure”, substitute—

(i) part 6 of schedule 6 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018;

The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

8

• (1) The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013¹⁵⁵ are amended as follows.

• (2) In regulation 2.A.1 (interpretation of Part 2: general)—

• (a) omit the definition of “the 2004 Regulations”; and

• (b) insert the following definition at the appropriate place—

• “the GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018;

• (c) for “the 2004 Regulations”, wherever they occur, substitute “the GMS Contracts Regulations”; and

• (d) in the definition of “certification services”, for “Schedule 3 (list of prescribed medical certificates) to” substitute “schedule 4 (list of prescribed medical certificates) of”.

• (3) In regulation 3.A.1 (interpretation of Part 3: general)—

• (a) omit the definition of “the 2004 Regulations”;

• (b) insert the following definition at the appropriate place—

• “the GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018;

• (c) for “the 2004 Regulations”, wherever they occur,, substitute “the GMS Contracts Regulations”; and

• (d) in the definition of “certification services”, for “Schedule 3 (list of prescribed medical certificates) to” substitute “schedule 4 (list of prescribed medical certificates) of”;

• (e) in the definition of “enhanced services”, in both places it appears, for “2(1)” substitute “3(1)”; and

• (f) in the definition of “essential services”, for “15” substitute “18”.

The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

9

• (1) The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014¹⁵⁶ are amended as follows.

• (2) In paragraph 1 of schedule 3 (interpretation of schedule 3), in the definition of “out of hours period”, for “regulation 2 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004” substitute “regulation 3 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018”.

National Health Service Pension Scheme (Scotland) Regulations 2015

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• (1) The National Health Service Pension Scheme (Scotland) Regulations 2015¹⁵⁷ are amended as follows.

• (2) In paragraph 2(2) of schedule 8, in paragraph (i) of CASE 1, for “the 2004 Regulations” substitute “the GMS Contracts Regulations”.

• (3) In schedule 13 (Definitions)—

• (a) omit the definition of “the 2004 Regulations”;

• (b) insert the following definition at the appropriate place—

• “the GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

• (c) for “the 2004 Regulations”, wherever they occur, substitute “the GMS Contracts Regulations”;

• (d) in the definition of “certification services”, for “Schedule 3 to” substitute “schedule 4 of”;

• (e) in the definition of “enhanced services”, for “2(1)” substitute “3(1)”; and

• (f) in the definition of “essential services”, for “15” substitute “18”.

Signed

AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 2018-02-15

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate the National Health Service (General Medical Services Contracts) Regulations 2004 and set out, for Scotland, the framework for general medical services contracts under section 17J of the National Health Service (Scotland) Act 1978 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 17L(1) of the Act, must be met by a contractor before the Health Board may enter into a general medical services contract with it.

Part 3 of the Regulations prescribes the procedure for pre-contract dispute resolution, in accordance with section 17O(1) of the Act.

Part 4 of the Regulations sets out the procedures, in accordance with section 17O(2) of the Act, by which a contractor may elect to be regarded as a health service body for any purposes of section 17A of the Act and modifies section 17A in relation to such a person.

Part 5 of (and schedules 1 to 6, 7 and 8 to) the Regulations prescribe the terms which, in accordance with sections 17K and 17N of the Act, must be included in a general medical services contract (in addition to those contained in the Act).

The prescribed terms include terms relating to—

• (a) the type and duration of the contract (regulations 14 to 17);

• (b) the services to be provided (regulations 18, 19 and 21 to 23 and schedule 1), the manner in which they are to be provided (Part 1 of schedule 6) and the procedures for opting out of additional (regulation 20 and schedule 2);

• (c) the issuing of medical certificates (regulation 25 and schedule 4);

• (d) finance, fees and charges (regulations 26 to 28 and schedule 5);

• (e) patient registration and removal, lists closures and assignments (schedule 6, Part 2 and schedule 7);

• (f) prescribing and dispensing (schedule 6, Part 3);

• (g) the conditions to be met by those who perform services or are employed or engaged by the contractor (schedule 6, Part 4);

• (h) patient records, the provision of information and rights of entry (schedule 6, Part 5 and schedule 8);

• (i) complaints (schedule 6, Part 6);

• (j) procedures for dispute resolution (schedule 6, Part 7); and

• (k) procedures for variation and termination of contracts (schedule 6, Part 8).

Part 6 of the Regulations prescribes functions for area medical committees.

Part 7 of the Regulations makes transitional provision for persons continuing to provide out of hours services, notwithstanding the repeal of the National Health Service (Primary Medical Services Section 17C Agreements)(Scotland) Regulations 2004.

Part 8 of (and schedules 9 and 10 to) the Regulations amends or revokes provisions of existing legislation in consequence of the making of these Regulations.

Footnotes