The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument
Publication 2018-02-15
Last updated 2026-03-14
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Reform history JSON API
  • (c) a healthcare professional employed or engaged by the provider.
  • (3) Where a patient (or, where appropriate, in the case of a patient who is a child, the child’s parent) agrees to participate in a consultation mentioned in sub-paragraph (1), with a person mentioned in sub-paragraph (2), that person must, in the course of that consultation make such inquiries and undertake such examinations as appear to them to be appropriate in all the circumstances.

Fees and charges for essential services

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  • (1) Where a person applies to the provider for the provision of essential services and claims to be on that provider’s list of patients, and the provider has reasonable doubts about that person’s claim, the provider must provide any necessary treatment and will be entitled to demand and accept a reasonable fee in accordance with sub-paragraph (2) subject to the provision for repayment contained in paragraph (3).
  • (2) The provider may demand and accept a reasonable fee when the provider treats a patient under sub-paragraph (1) for any treatment given, if the provider gives the patient a receipt.
  • (3) Where a person from whom a provider received a fee under sub-paragraph (1) applies to the Health Board for a refund within 14 days of payment of the fee (or such longer period not exceeding one month as the Health Board may allow, if it is satisfied that the failure to apply within 14 days was reasonable) and the Health Board is satisfied that the person was on the provider’s list of patients when the treatment was given, the Health Board may recover the amount of the fee from the provider, by deduction from the provider’s remuneration or otherwise, and must pay that amount to the person who paid the fee.

PART 2 — LIST OF PATIENTS

List of patients

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The Health Board must prepare and keep up to date a provider’s list of patients—

  • (a) who have been accepted by the provider for inclusion in the provider’s list of patients under paragraph 7 and who have not subsequently been removed from that list under paragraphs 10 to 18; and
  • (b) who have been assigned to the provider under paragraph 22 or 23 and whose assignment has not subsequently been rescinded.

Application for inclusion in a list of patients

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  • (1) The provider may, if its list of patients is open, accept an application for inclusion in the provider’s list of patients made by or on behalf of any person whether or not resident in its practice area or included, at the time of the application, in the list of patients of any other provider (by any arrangement) of primary medical services.
  • (2) The provider may, if its list of patients is closed, only accept an application for inclusion in its list of patients from a person who is an immediate family member of a registered patient whether or not resident in the provider’s practice area or included, at the time of the application, in the list of patients of any other provider (by any arrangement) of primary medical services.
  • (3) Subject to sub-paragraph (4), an application for inclusion in a provider’s list of patients must be made by delivering to the practice premises an application signed by the applicant or a person authorised to sign on the applicant’s behalf.
  • (4) An application may be made—
  • (a) on behalf of any child—
  • (i) by either parent, or in the absence of both parents, the guardian or other adult person who has care of the child;
  • (ii) by a person duly authorised by a local authority, where the child is in the care of the local authority under the Children (Scotland) Act 1995106; or
  • (iii) by a person authorised by a voluntary organisation, by which the child is being accommodated under the provisions of that Act; or
  • (b) on behalf of any adult person who is incapable of making such an application, or authorising such an application to be made on their behalf, by the primary carer of that person or by a person authorised under the Adults with Incapacity (Scotland) Act 2000107 to act on the patient’s behalf.
  • (5) A provider which accepts an application for inclusion in the provider’s list of patients must notify the Health Board in writing as soon as possible.
  • (6) On receipt of a notice under sub-paragraph (5), the Health Board must—
  • (a) include that person in the provider’s list of patients from the date on which the notice is received; and
  • (b) notify the applicant (or, in the case of a child or incapable adult, the person making the application on their behalf) of the acceptance.

Temporary residents

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  • (1) The provider may, if the provider’s list of patients is open, accept a person as a temporary resident provided it is satisfied that the person is—
  • (a) temporarily resident away from the person’s normal place of residence and is not being provided with essential services (or their equivalent) under any other arrangement in the locality where the person is temporarily residing; or
  • (b) moving from place to place and not for the time being resident in any place.
  • (2) For the purposes of sub-paragraph (1), a person is to be regarded as temporarily resident in a place if, when the person arrives in that place, the person intends to stay there for more than 24 hours but not more than 3 months.
  • (3) A provider which wishes to terminate its responsibility for a person accepted as a temporary resident before the end of—
  • (a) 3 months; or
  • (b) such shorter period for which the provider agreed to accept the person as a patient,

must notify the person either orally or in writing and its responsibility for that patient will cease 7 days after the date on which the notification was given.

  • (4) At the end of 3 months, or on such earlier date as the provider’s responsibility for the temporary resident has come to an end, the provider must notify the Health Board in writing of any person whom it accepted as a temporary resident.

Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident

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  • (1) The provider may only refuse an application made under paragraph 7 or 8 if the provider has reasonable grounds for doing so which do not relate to the applicant’s race, gender, social class, age, religion, sexual orientation, appearance, disability or medical condition.
  • (2) Subject to sub-paragraph (5), the reasonable grounds referred to in sub-paragraph (1) may, in the case of applications made under paragraph 7, include the ground that the applicant does not live in the provider’s practice area.
  • (3) A provider which refuses an application made under paragraph 7 or 8 must, within 14 days of its decision notify the applicant (or, in the case of a child or incapable adult, the person making the application on their behalf) in writing of the refusal and the reasons for it.
  • (4) The provider must keep a written record of refusals of applications made under paragraph 7 and of the reasons for them and must make this record available to the Health Board on request.
  • (5) For the purpose of sub-paragraph (2), “reasonable grounds” do not include refusal of an application from a person who—
  • (a) at the time of making the application, is detained in a prison, a young offenders institution or the state hospital, and
  • (c) will live after their release from detention, in the provider’s practice area.
  • (6) For the purpose of sub-paragraph (5)—
  • “young offenders institution” has the meaning given in section 19(1)(b) of the Prisons (Scotland) Act 1989, and
  • “state hospital” has the meaning given in section 102 of the National Health Service (Scotland) Act 1978.

Removal from the list at the request of the patient

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  • (1) The provider must notify the Health Board of any request for removal from its list of patients received from a registered patient.
  • (2) Where the Health Board—
  • (a) receives notification from the provider under sub-paragraph (1); or
  • (b) receives a request from the patient to be removed from the provider’s list of patients,

the Health Board must remove that person from the provider’s list of patients.

  • (3) A removal in accordance with sub-paragraph (2) will take effect on whichever is the earlier of the following dates—
  • (a) on the date on which the Health Board receives notification of the registration of the person with another provider (by any arrangement) of essential services (or their equivalent); or
  • (b) 14 days after the date on which the notification or request made under sub-paragraph (1) or (2) respectively is received by the Health Board.
  • (4) The Health Board must, as soon as is practicable, notify in writing—
  • (a) the patient; and
  • (b) the provider,

that the patient’s name will be or has been removed from the provider’s list of patients on the date referred to in sub-paragraph (3).

  • (5) In this paragraph and in paragraphs 11(1) and 11(10), 12(6) and 12(7), 14 and 17, a reference to a request received from or advice, information or notification required to be given to a patient includes a request from or advice, information or notification required to be given to—
  • (a) in the case of a patient who is a child, a parent or other person referred to in paragraph 7(4)(a); or
  • (b) in the case of an adult patient who is incapable of making the relevant request or receiving the relevant advice, information or notification, a relative or the primary carer of the patient.

Removal from the list at the request of the provider

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  • (1) Subject to paragraph 18, a provider which has reasonable grounds for wishing a patient to be removed from its list of patients which do not relate to the patient’s race, gender, social class, age, religion, sexual orientation, appearance, disability or medical condition must—
  • (a) notify the Health Board in writing that it wishes to have the patient removed; and
  • (b) subject to sub-paragraph (2), notify the patient of its specific reasons for requesting removal.
  • (2) Where, in the reasonable opinion of the provider—
  • (a) the circumstances of the removal are such that it is not appropriate for a more specific reason to be given; and
  • (b) there has been an irrevocable breakdown in the relationship between the patient and the provider,

the reason given under sub-paragraph (1) may consist of a statement that there has been such a breakdown.

  • (3) Except in the circumstances described in sub-paragraph (4), a provider may only request a removal under sub-paragraph (1) if, within the period of 12 months prior to the date of the provider’s request to the Health Board, the provider has warned the patient that the patient is at risk of removal and explained to the patient the reasons for this.
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) The circumstances referred to in sub-paragraph (3) are that—
  • (a) the reason for the removal relates to a change of address;
  • (b) the provider has reasonable grounds for believing that the issue of such a warning would–
  • (i) be harmful to the physical or mental health of the patient; or
  • (ii) put at risk the safety of a person specified in sub-paragraph (5); or
  • (c) it is, in the opinion of the provider, not otherwise reasonably practicable for a warning to be given.
  • (5) The persons referred to in sub-paragraph (4) are—
  • (a) an individual that is a party to the agreement;
  • (b) a partner in a partnership that is a party to the agreement;
  • (c) a member of a limited liability partnership that is a party to the agreement;
  • (d) a member of a company that is a party to the agreement;
  • (e) a member of the provider’s staff;
  • (f) a person engaged by the provider to perform or assist in the performance of services under the agreement; or
  • (g) any other person present—
  • (i) on the practice premises; or
  • (ii) in the place where services are being provided to the patient under the agreement.
  • (6) The provider must record in writing—
  • (a) the date of any warning given in accordance with sub-paragraph (3) and the reasons for giving such a warning as explained to the patient; or
  • (b) the reason why no such warning was given.
  • (7) The provider must keep a written record of refusals under this paragraph which is to include—
  • (a) the reason for removal given to the patient;
  • (b) the circumstances of the removal; and
  • (c) in cases where sub-paragraph (2) applies, the grounds for a more specific reason not being appropriate,

and must make this record available to the Health Board on request.

  • (8) A removal requested in accordance with sub-paragraph (1)will, subject to sub-paragraph (9) take effect from whichever is the earlier of the following dates—
  • (a) the date on which the Health Board receives notification of the registration of the person with another provider (by any arrangement) of essential services (or their equivalent); or
  • (b) the eighth day after the Health Board receives the notice referred to in sub-paragraph (1)(a).
  • (9) Where, on the date on which the removal would take effect under sub-paragraph (8), the provider is treating the patient at intervals of less than 7 days, the provider must notify the Health Board in writing of the fact and the removal will take effect on whichever is the earlier of the following dates—
  • (a) the eighth day after the Health Board receives notification from the provider that the person no longer needs such treatment; or
  • (b) the date on which the Health Board receives notification of the registration of the person with another provider (by any arrangement) of essential services or their equivalent.
  • (10) The Health Board must notify in writing—
  • (a) the patient; and
  • (b) the provider,

that the patient’s name has been or will be removed from the provider’s list of patients on the date referred to in sub-paragraph (8) or (9).

Removal from the list of patients who are violent

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  • (1) A provider which wishes a patient to be removed from its list of patients with immediate effect on the grounds that—
  • (a) the patient has committed an act of violence against any of the persons specified in sub-paragraph (2) or behaved in such a way that any such person has feared for that person’s own safety; and
  • (b) the provider has reported the incident to the police or the Procurator Fiscal,

must notify the Health Board in accordance with sub-paragraph (3).

  • (2) The persons referred to in sub-paragraph (1) are—
  • (a) an individual that is a party to the agreement;
  • (b) a partner in a partnership that is a party to the agreement;
  • (c) a member of a limited liability partnership that is a party to the agreement;
  • (d) a member of a company that is a party to the agreement;
  • (e) a member of the provider’s staff;
  • (f) a person engaged by the provider to perform or assist in the performance of services under the agreement; or
  • (g) any other person present—
  • (i) on the practice premises; or
  • (ii) in the place where services were provided to the patient under the agreement.
  • (3) Notification under sub-paragraph (1) may be given by any means including telephone and must be confirmed in writing within 7 days (and for this purpose notification or transmission by electronic means is not a written one).
  • (4) The Health Board must acknowledge in writing receipt of a request from the provider under sub-paragraph (1).
  • (5) A removal requested in accordance with sub-paragraph (1) will take effect at the time that the provider—
  • (a) makes the telephone call to the Health Board; or
  • (b) sends or delivers the notification to the Health Board.
  • (6) Where, pursuant to this paragraph, the provider has notified the Health Board that it wishes to have a patient removed from the provider’s list of patients, it must inform the patient concerned unless—
  • (a) it is not reasonably practicable for the provider to do so; or
  • (b) the provider has reasonable grounds for believing that to do so would—
  • (i) be harmful to the physical or mental health of the patient; or
  • (ii) put at risk the safety of one or more of the persons specified in sub-paragraph (2).
  • (7) Where the Health Board has removed a patient from the provider’s list of patients in accordance with sub-paragraph (5) it must give written notice of the removal to that patient.
  • (8) Where a patient is removed from the provider’s list of patients in accordance with this paragraph, the provider must record in the patient’s medical records that the patient has been removed under this paragraph and the circumstances leading to the patient’s removal.

Removals from the list of patients registered elsewhere

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  • (1) The Health Board must remove a patient from the provider’s list of patients if—
  • (a) the patient has subsequently been registered with another provider (by any arrangement) of essential services (or their equivalent) in the area of the Health Board; or
  • (b) it has received notice from another Health Board, Local Health Board, NHS England or the Regional Health and Social Care Board that the patient has subsequently been registered with a provider (by any arrangement) of essential services (or their equivalent) outside the area of the Health Board.
  • (2) A removal in accordance with sub-paragraph (1) will take effect—
  • (a) on the date on which the Health Board receives notification of the registration of the person with the new provider (by any arrangement); or
  • (b) with the consent of the Health Board, on such other date as has been agreed between the provider and the new provider (by any arrangement).
  • (3) The Health Board must notify the provider in writing of persons removed from the provider’s list of patients under sub-paragraph (1).

Removals from list of patients who have moved

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  • (1) Subject to sub-paragraph (2), where the Health Board is satisfied that a person on the provider’s list of patients has moved and no longer resides in that provider’s practice area, the Board must—
  • (a) inform that patient and the provider that the provider is no longer obliged to visit and treat the person;
  • (b) advise the patient either to obtain the provider’s agreement to the continued inclusion of the person on the provider’s list of patients or to apply for registration with another provider (by any arrangement) of essential services (or their equivalent); and
  • (c) inform the patient that if, after the expiry of 30 days from the date of the letter of advice mentioned in paragraph (b), the patient has not acted in accordance with the advice and informed the Board accordingly, the Health Board will remove the patient from the provider’s list of patients.
  • (2) If, at the expiry of the period of 30 days referred to in sub-paragraph (1)(c), the Health Board has not been notified of the action taken, it must remove the patient from the provider’s list of patients and inform the patient and the provider accordingly.

Removals from list of patients who have moved

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Where the address of a patient who is on the provider’s list of patients is no longer known to the Health Board, the Health Board must—

  • (a) give the provider notice in writing that it intends, at the end of the period of 6 months commencing with the date of the notice, to remove the patient from the provider’s list of patients; and
  • (b) at the end of that period, remove the patient from the provider’s list of patients unless, within that period, the provider satisfies the Health Board that the provider is still responsible for providing essential services to that patient.

Removals from the list of patients absent from the United Kingdom etc.

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  • (1) The Health Board must remove a patient from the provider’s list of patients where it receives notification that that patient—
  • (a) intends to be away from the United Kingdom for a period of at least three months;
  • (b) is in Her Majesty’s Forces;
  • (c) has been absent from the United Kingdom for a period of more than three months; or
  • (d) has died.
  • (2) A removal in accordance with sub-paragraph (1) will take effect—
  • (a) in the cases referred to in sub-paragraphs (1)(a) and (1)(b) from the date of the departure or enlistment or the date on which the Health Board first receives notification of the departure or enlistment, whichever is the later; or
  • (b) in the cases referred to in sub-paragraphs (1)(c) and (1)(d) from the date on which the Health Board first receives notification of the absence or death.
  • (3) The Health Board must notify the provider in writing of patients removed from its list of patients under sub-paragraph (1).

Removals from the list of patients accepted elsewhere as temporary residents

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  • (1) The Health Board must remove from the provider’s list of patients a patient who has been accepted as a temporary resident by another provider (by any arrangement) of essential services (or their equivalent) where it is satisfied, after due inquiry—
  • (a) that the person’s stay in the place of temporary residence has exceeded 3 months; and
  • (b) that the patient has not returned to the patient’s normal place of residence or any other place within the provider’s practice area.
  • (2) The Health Board must notify in writing of a removal under sub-paragraph (1)—
  • (a) the provider; and
  • (b) where practicable, the patient.
  • (3) A notification to the patient under sub-paragraph (2)(b) must inform the patient of—
  • (a) the patient’s entitlement to make arrangements for the provision to the patient of essential services (or their equivalent), including by the provider (by any arrangement) by which the patient has been treated as a temporary resident; and
  • (b) the name and address of the Health Board in whose area the patient is resident.

Removals from the list of pupils etc. of a school

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  • (1) Where the provider provides essential services under the agreement to persons on the ground that they are pupils at or staff or residents of a school, the Health Board must remove from the provider’s list of patients any such patients who do not appear on particulars of persons who are pupils at or staff or residents of that school provided by that school.
  • (2) Where the Health Board has made a request to a school to provide the particulars mentioned in sub-paragraph (1) and has not received them, it must consult the provider as to whether it should remove from its list of patients any persons appearing on that list as pupils at, or staff or residents of, that school.
  • (3) The Health Board must notify the provider in writing of patients removed from its list of patients under sub-paragraph (1).

Closure of lists of patients

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  • (1) A provider which wishes to close its list of patients must notify the Health Board in writing to that effect.
  • (2) Within a period of 28 days beginning with the date of receipt of the notification referred to in sub-paragraph (1), the Health Board must enter into discussions with the provider concerning the support which the Health Board may give the provider, or other changes which the Health Board or the provider may make, which would enable the provider to keep its list of patients open.
  • (3) In the discussions referred to in sub-paragraph (2) both parties must use reasonable endeavours to achieve the aim of keeping the provider’s list of patients open.
  • (4) The discussions mentioned in sub-paragraph (2) must be completed within a period of 3 months beginning with the date of the Health Board’s receipt of the notification referred to in sub-paragraph (1), or within such longer period as the parties may agree.
  • (5) Notwithstanding the requirements mentioned in sub-paragraphs (2) and (4), the provider may issue a closure notice to the Health Board which the Health Board must approve in accordance with sub-paragraph (13)—
  • (a) if the period of 28 days mentioned in sub-paragraph (2) has expired and the Health Board has not begun discussions with the provider in accordance with sub-paragraph (2);
  • (b) if the 3 month period or such longer period as has been agreed in accordance with sub-paragraph (4) has expired and the Health Board has failed to complete the discussions mentioned in sub-paragraph (2).
  • (6) If, following the discussions mentioned in sub-paragraph (2), the Health Board and the provider reach agreement that the provider’s list of patients should remain open, the Health Board must send full details of the agreement in writing to the provider within a period of 2 weeks from the date the agreement was reached.
  • (7) The Health Board and the provider must comply with the terms of an agreement reached as mentioned in sub-paragraph (6).
  • (8) If, following the discussions mentioned in sub-paragraph (2)—
  • (a) the Health Board and the provider reach agreement that the provider’s list of patients should close; or
  • (b) the Health Board and the provider fail to reach agreement and the provider still wishes to close the provider’s list of patients,

the provider must send a closure notice to the Health Board.

  • (9) A closure notice mentioned in sub-paragraph (5) or sub-paragraph (8) must be submitted in the form specified in schedule 5, and must include the following details which (in a case falling within sub-paragraph (8)(a)) have been agreed between the parties or (in a case falling within sub-paragraph (8)(b)) are proposed by the provider:—
  • (a) the period of time (which may not exceed 12 months) for which the provider’s list of patients will be closed;
  • (b) the current number of the provider’s registered patients;
  • (c) the number of registered patients (lower than the current number of such patients, and expressed either in absolute terms or as a percentage of the number of such patients specified pursuant to paragraph (b)) which, if that number were reached, would trigger the re-opening of the provider’s list of patients;
  • (d) the number of registered patients (expressed either in absolute terms or as a percentage of the number of such patients specified pursuant to paragraph (b)) which, if that number were reached, would trigger the re-closure of the provider’s list of patients; and
  • (e) any withdrawal or reduction in provision of any additional or enhanced services which had previously been provided under the agreement.
  • (10) The Health Board must forthwith acknowledge receipt of the closure notice mentioned in sub-paragraph (5) or sub-paragraph (8) in writing to the provider.
  • (11) Before the Health Board reaches a decision as to whether to approve or reject the closure notice mentioned in sub-paragraph (8) under sub-paragraph (14), the Health Board and the provider may enter into further discussions concerning the details of the closure notice as specified in sub-paragraph (9), with a view to reaching agreement; and, in particular, if the parties are unable to reach agreement regarding the period of time for which the provider’s list of patients will be closed, that period must be 12 months.
  • (12) A provider may not withdraw a closure notice mentioned in sub-paragraph (5) or sub-paragraph (8) for a period of 3 months beginning with the date on which the Health Board has received the notice, unless the Health Board has agreed otherwise in writing.
  • (13) Within a period of 14 days beginning with the date of the receipt of the closure notice mentioned in sub-paragraph (5), the Health Board must approve the closure notice and notify the provider in writing as soon as possible.
  • (14) Within a period of 14 days beginning with the date of receipt of the closure notice mentioned in sub-paragraph (8), the Health Board must—
  • (a) approve the closure notice; or
  • (b) reject the closure notice,

and must notify the provider of its decision in writing as soon as possible.

  • (15) Approval of a closure notice includes—
  • (a) where it is a closure notice mentioned in sub-paragraph (5), approval of the details in sub-paragraph (9); or
  • (b) where it is a closure notice mentioned in sub-paragraph (8) and approved under sub-paragraph 14(a), approval of the details specified in sub-paragraph (9) (or, where those details are revised following discussions under sub-paragraph (11) approval of those details as so revised).

Approval of closure notice by the Health Board

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  • (1) If the Health Board approves the closure notice in accordance with paragraph 19(13) or 19(14), the provider must close the provider’s list of patients—
  • (a) with effect from a date agreed between the Health Board and the provider; or
  • (b) if no such agreement has been reached, with effect from that date on which the provider receives notification of the Health Board’s decision to approve the closure notice.
  • (2) Subject to sub-paragraph (3), the provider’s list of patients is to remain closed for the period specified in the closure notice in accordance with paragraph 19(9)(a) (or, where a period of 12 months has been fixed in accordance with paragraph 19(11), for that period).
  • (3) The provider’s list of patients must re-open before the expiry of the period mentioned in sub-paragraph (2) if—
  • (a) the number of the provider’s registered patients falls to the number specified in the closure notice in accordance with paragraph 19(9)(c);or
  • (b) the Health Board and the provider agree that the list of patients should re-open.
  • (4) If the provider’s list of patients has re-opened pursuant to sub-paragraph (3)(a) it will nevertheless close again if, during the period specified in the closure notice in accordance with paragraph 19(9)(a) or where the period of 12 months specified in paragraph 19(11) applies, during that period, the number of the provider’s registered patients rises to the number specified in the closure notice in accordance with paragraph 19(9)(d).
  • (5) Except in cases where the provider’s list of patients is already open pursuant to sub-paragraph (3), the Health Board must notify the provider in writing between 7 and 14 days before the expiry of the period of closure specified in sub-paragraph (2), confirming the date on which the provider’s list of patients will re-open.
  • (6) Where the details specified in the closure notice mentioned in paragraph 19(8), in accordance with paragraph 19(9), have been revised following discussions under paragraph 19(11), references in this paragraph to details specified in the closure notice are references to those details as so revised.

Rejection of closure notice by the Health Board

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  • (1) This regulation applies where the Health Board rejects the closure notice in accordance with paragraph 19(14)(b).
  • (2) The provider and the Health Board may not refer the matter for determination in accordance with the NHS dispute resolution procedure (or, where applicable, in the case of a non-NHS contract, commence court proceedings) until the assessment panel has given its determination in accordance with the following sub-paragraphs.
  • (3) The Health Board must ensure that the assessment panel is appointed by another Health Board as soon as is practicable to consider and determine whether the provider should be permitted to close its list of patients, and if so, the terms on which the provider should be permitted to do so.
  • (4) The Health Board must provide the assessment panel with such information as the assessment panel may reasonably require to enable the panel to reach a determination and must include in such information any written observations received from the provider.
  • (5) At least one member of the assessment panel must visit the provider before reaching a determination under sub-paragraph (6).
  • (6) Within the period of 28 days beginning with the date on which the Health Board rejected the closure notice, the assessment panel must—
  • (a) approve the list closure; or
  • (b) reject the list closure,

and must notify the Health Board and the provider of its determination in writing as soon as possible.

  • (7) Where the assessment panel determines, in accordance with sub-paragraph 21(6)(a), that the provider’s list of patients should close, it must specify—
  • (a) a date from which the closure is to take effect, which must be within a period of 7 days beginning with the date of the assessment panel’s determination; and
  • (b) those details specified in paragraph 19(9).
  • (8) Subject to sub-paragraph (9), the provider’s list of patients must remain closed for the period specified by the assessment panel in accordance with sub-paragraph (7)(b).
  • (9) The provider’s list of patients must re-open before the expiry of the period mentioned in sub-paragraph (8) if—
  • (a) the number of the provider’s registered patients falls to the number specified by the assessment panel in accordance with sub-paragraph (7)(b) as the number of registered patients which, if that number were reached, would trigger the re-opening of the provider’s list of patients; or
  • (b) the Health Board and the provider agree that the list of patients should re-open.
  • (10) If the provider’s list of patients has re-opened pursuant to sub-paragraph (9)(a), it must nevertheless close again if, during the period specified by the assessment panel as the period for which the list should remain closed, the number of the provider’s registered patients rise to the number specified by the assessment panel in accordance with sub-paragraph (7)(b) as the number of registered patients which, if that number were reached, would trigger the re-closure of the provider’s list of patients.
  • (11) Except in cases where the provider’s list of patients is already open pursuant to sub-paragraph (9), the Health Board must notify the provider in writing between 7 and 14 days before the expiry of the closure period specified in sub-paragraph (8), confirming the date on which the provider’s list of patients will re-open.
  • (12) Where the assessment panel rejects the list closure in accordance with sub-paragraph (6)(b) that list must remain open, and the Health Board and the provider must enter into discussions with a view to ensuring that the provider receives support from the Health Board which will enable the provider to continue to provide services safely and effectively.
  • (13) An assessment panel which rejects the list closure in accordance with sub-paragraph (6)(b) must specify the number of registered patients (expressed either in absolute terms or as a percentage of the number of such patients specified as the current number of the provider’s registered patients), which if that number were reached, would trigger the closure of the provider’s list of patients.
  • (14) Where a list closure is triggered in accordance with sub-paragraph (13), a provider must notify the Health Board to confirm and the details specified in sub-paragraph (6).
  • (15) Where the assessment panel rejects the list closure in accordance with sub-paragraph (6)(b) the provider may not submit a further closure notice as described in paragraph 19 until—
  • (a) the expiry of a period of six months beginning with the date of the assessment panel’s determination; or
  • (b) (if applicable) the final determination of the NHS dispute resolution procedure (or any court proceedings),

whichever is the later, unless there has been a change in the circumstances of the provider which affects its ability to deliver services under the agreement.

  • (16) Any decision or determination by the assessment panel for the purposes of this paragraph may be reached by a majority.

Assignment of patients to lists: open lists

22

  • (1) A Health Board may, subject to paragraph 24, assign a new patient to a provider whose list of patients is open.
  • (2) In this paragraph and in paragraphs 23 and 25 to 27, a “new” patient means a person who—
  • (a) is resident (whether or not temporarily) within the area of the Health Board;
  • (b) has been refused inclusion in a list of patients of, or has not been accepted as a temporary resident by, a provider (by any arrangement) of essential services (or their equivalent) whose premises are within such an area; and
  • (c) wishes to be included in the list of patients of a provider (by any arrangement) of essential services (or their equivalent) whose practice premises are within that area.

Assignment of patients to lists: closed lists

23

  • (1) A Health Board may not assign a patient to a provider which has closed the provider’s list of patients except in the circumstances specified in sub-paragraph (2).
  • (2) A Health Board may, subject to paragraph 24 assign a new patient to a provider whose practice premises are within the Health Board’s area and which has closed the provider’s list of patients, if—
  • (a) most or all of the providers (by any arrangement) of essential services (or their equivalent) whose practice premises are within the Health Board’s area have closed their lists of patients;
  • (b) the assessment panel has determined under paragraph 25(7) that patients may be assigned to the provider in question, and that determination has not been overturned either by a determination of the Scottish Ministers or the adjudicator under the NHS dispute resolution procedure as modified by paragraph 26(3) or (where applicable) by a court; and
  • (c) the Health Board has entered into discussions with the provider in question regarding the assignment of a patient if such discussions are required under paragraph 30.

Factors relevant to assignments

24

In making an assignment to a provider under paragraph 22 or 23, the Health Board is to have regard to—

  • (a) the wishes and circumstances of the patient to be assigned;
  • (b) the distance between the patient’s place of residence and the provider’s practice premises;
  • (c) whether during the 6 months ending on the date on which the application for assignments is received by the Health Board, the patient’s name has been removed from the list of patients of a provider in the area of the Health Board under paragraph 11 or its equivalent provision in relation to a general medical services contractor in the area of the Health Board;
  • (d) whether the patient’s name has been removed from the list of patients of a provider in the area of the Health Board under paragraph 12 or its equivalent provision in relation to a general medical services contractor in the area of the Health Board and, if so, whether the provider has appropriate facilities to deal with such a patient; and
  • (e) such other matters as the Health Board considers to be relevant.

Assignments to closed lists: determination of the assessment panel

25

  • (1) This paragraph applies where most or all of the providers (by any arrangement) of essential services (or their equivalent) whose practice premises are within the area of a Health Board have closed their lists of patients.
  • (2) If the Health Board wishes to assign new patients to providers which have closed their lists of patients, it must prepare a proposal to be considered by the assessment panel, and the proposal must include details of those providers to which the Health Board wishes to assign patients.
  • (3) The Health Board must ensure that the assessment panel is appointed to consider and determine its proposal made under sub-paragraph (2).
  • (4) The Health Board must notify in writing—
  • (a) providers or general medical services contractors whose practice premises are within the Health Board’s area which—
  • (i) have closed their list of patients; and
  • (ii) may, in the opinion of the Health Board, be affected by the determination of the assessment panel; and
  • (b) the area medical committee, for the area of the Health Board,

that it has referred the matter to the assessment panel.

  • (5) In reaching its determination, the assessment panel is to have regard to relevant factors including—
  • (a) whether the Health Board has attempted to secure the provision of essential services (or their equivalent) for new patients other than by means of their assignment to providers with closed lists of patients; and
  • (b) the workload of those providers likely to be affected by any decision to assign such patients to their list of patients.
  • (6) The assessment panel must reach a determination within the period of 28 days beginning with the date on which the panel was appointed.
  • (7) The assessment panel must determine whether the Health Board may assign patients to providers which have closed their lists of patients; and if it determines that the Health Board may make such assignments, it must also determine those providers to which patients may be assigned.
  • (8) The assessment panel may determine that the Health Board may assign patients to providers other than those providers specified by the Health Board in its proposal under sub-paragraph (2), as long as the providers were notified under sub-paragraph (4)(a).
  • (9) The assessment panel’s determination must include its comments on the matters specified in sub-paragraph (5), and must be notified in writing to those providers which were notified under sub-paragraph (4)(a).
  • (10) Any decision or determination by the assessment panel for the purposes of this paragraph may be reached by a majority.

Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

26

  • (1) Where an assessment panel makes a determination under paragraph 25(7) that the Health Board may assign new patients to providers which have closed their lists of patients, any provider specified in that determination may refer the matter in dispute to the Scottish Ministers to review the determination of the assessment panel.
  • (2) Where more than one provider specified in the determination in accordance with paragraph 25(7) wishes to refer the matter for dispute resolution, those providers may, if they all agreed, refer the matter jointly, and in that case the Scottish Ministers must review the matter in relation to those providers together.
  • (3) Where a matter is referred to the Scottish Ministers under sub-paragraph (1) or (2), it will be determined in accordance with the NHS dispute resolution procedure as modified as follows—
  • (a) in paragraph 58(3) of schedule 1, for “a dispute as mentioned in sub-paragraph (1)” substitute “the matter as mentioned in paragraphs 26(1) and (2) of schedule 2”;
  • (b) for paragraph 58(4) of schedule 1, substitute—

(4) The provider (or providers) wishing to refer the matter as mentioned in paragraph 26(1) or (2) of schedule 2 must send the request to the Scottish Ministers within the period of 7 days beginning with the date of the determination by the assessment panel in accordance with paragraph 25(7) of schedule 2

  • (c) for paragraph 58(13) of schedule 1, substitute—

(13) In this paragraph, “specified period” means such period as the Scottish Ministers specify in the request sent under sub-paragraphs (6) or (8), being not less than one, nor more than two, weeks beginning with the date on which the request is given, but the adjudicator may, if the period for determination of the dispute has been extended in accordance with sub-paragraph (19), extend any such period (even after it has expired) and, where the adjudicator does so, a reference in this paragraph to the specified period is to the period as so extended.

  • (d) after paragraph 58(15) of schedule 1, there must be inserted the following sub-paragraphs—

(16) Subject to sub-paragraph (19), within the period of 21 days beginning with the date on which the matter was referred to the Scottish Ministers, the adjudicator must determine whether the Health Board may assign patients to providers which have closed their lists of patients; and if the adjudicator determines that the Health Board may make such assignments, the adjudicator must also determine those providers to which patients may be assigned. (17) The adjudicator may not determine that patients may be assigned to a provider which was not specified in the determination of the assessment panel under paragraph 25(7) of schedule 2. (18) In the case of a matter referred jointly by providers in accordance with paragraph 26(2) of schedule 2, the adjudicator may determine that patients may be assigned to one, some or all of the providers which referred the matter. (19) The period of 21 days referred to in sub-paragraph (16) may be extended (even after it has expired) by a further specified number of days if an agreement to that effect is reached by— (a) the adjudicator; (b) the Health Board; and (c) the provider (or providers) which referred the matter to dispute resolution.”; and” (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • (e) paragraph 59(2) and (3) of schedule 1 do not apply.

Assignments of patients to lists at request of provider

27

  • (1) A Health Board may, subject to sub-paragraph (3), at the request of a provider, assign a patient on the provider’s list of patients to a receiving provider’s list of patients.
  • (2) A request under sub-paragraph (1) must be notified in writing to the Health Board and confirm that—
  • (a) the patient has given written consent to the assignment; and
  • (b) the requesting and receiving provider have agreed to the assignment.
  • (3) An assignment under this paragraph may only be made where either the requesting provider or receiving provider have varied their practice area in accordance with paragraph 28.
  • (4) In this paragraph, “a receiving provider” may include a provider who has closed its list of patients.

Application for variation of a practice area

28

  • (1) A provider may request a variation of their practice area by notifying the Health Board in writing of its variation request.
  • (2) The Health Board must—
  • (a) enter into discussions with the provider regarding the variation request mentioned in sub-paragraph (1), within a period of 1 month beginning with the date of receipt of the notification referred to in that sub-paragraph; and
  • (b) have concluded such discussions within a period of 3 months beginning with the date of the receipt of the notification mentioned in sub-paragraph (1).
  • (3) Following the discussions mentioned in sub-paragraph (2), the Health Board must—
  • (a) consult with the Area Medical Committee regarding the provider’s variation request;
  • (b) consider the effect of the variation request mentioned in sub-paragraph (1) on the practice areas of other providers within its Health Board area; and
  • (c) taking account of the discussions mentioned in sub-paragraph (2) and the factors at sub-head (a) and (b), approve or reject the provider’s variation request.
  • (4) The Health Board must notify the provider in writing as soon as possible of its decision to approve or reject the variation request in accordance with sub-paragraph (3).
  • (5) A notification of approval mentioned in sub-paragraph (4) must confirm the date the variation is to take effect.

Rejection of a practice area variation request

29

  • (1) This paragraph applies where the Health Board rejects the variation request in accordance with paragraph 28(3).
  • (2) The provider and the Health Board may not refer the matter for determination in accordance with the NHS dispute resolution procedure (or, where applicable, commence court proceedings) until the assessment panel has given its determination in accordance with the following sub-paragraphs.
  • (3) The Health Board must ensure that an assessment panel is appointed by another Health Board as soon as is practicable to consider and determine whether the provider should be permitted to vary its practice area.
  • (4) The Health Board must provide the assessment panel with such information as the assessment panel may reasonably require to enable the panel to reach a determination and must include in such information any written observations received from the provider.
  • (5) Within the period of three months beginning with the date on which the Health Board rejected the variation request, the assessment panel must—
  • (a) approve the variation request; or
  • (b) reject the variation request,

and must notify the Health Board and the provider of its determination in writing as soon as possible.

  • (6) Where the assessment panel approves a variation request in accordance with sub-paragraph (5)(a), it must specify the date from which the variation of the practice area takes effect.
  • (7) Where the assessment panel rejects the variation request in accordance with sub-paragraph (5)(b), the provider may not request a further practice area variation under paragraph 28 until whichever is the later of the following dates—
  • (a) the expiry of a period of one year beginning with the date of the assessment panel’s determination; or
  • (b) (if applicable) the final determination of the NHS dispute resolution procedure (or any court proceedings).
  • (8) Any decision or determination by the assessment panel for the purposes of this paragraph may be reached by a majority.

Assignments to closed lists: assignments of patients by a Health Board

30

  • (1) Before the Health Board may assign a new patient to a provider, it must, subject to sub-paragraph (3), enter into discussions with that provider regarding additional support that the Health Board can offer the provider, and the Health Board must use its best endeavours to provide appropriate support.
  • (2) In the discussions referred to in sub-paragraph (1), both parties must use reasonable endeavours to reach agreement.
  • (3) The requirement in sub-paragraph (1) to enter into discussions applies—
  • (a) to the first assignment of a patient to a particular provider; and
  • (b) to any subsequent assignment to that provider to the extent that it is reasonable and appropriate having regard to the number of patients who have been or may be assigned to it and the period of time since the last discussions under sub-paragraph (1) took place.

PART 3 — NOTICES

Notifications to the Health Board

31

The provider must notify the Health Board in writing of any person, other than a registered patient or a person whom it has accepted as a temporary resident, to whom it has provided the essential services described in paragraph 1(5) or 1(7) within the period of 28 days beginning on the day that the services were provided.

SCHEDULE 3 — AGREEMENTS TO PROVIDE ADDITIONAL SERVICES

Additional services generally

1

The provider must—

  • (a) provide in relation to each additional service, such facilities and equipment as are necessary to enable the provider properly to perform that service;
  • (b) provide each additional service, within core hours, as is appropriate to meet the reasonable needs of its patients; and
  • (c) have in place arrangements for its patients to access each additional service throughout the core hours in case of emergency.

Cervical screening

2

  • (1) A provider whose agreement includes the provision of cervical screening services must—
  • (a) provide all the services described in sub-paragraph (2); and
  • (b) make such records as are referred to in sub-paragraph (3).
  • (2) The services referred to in sub-paragraph (1)(a) are—
  • (a) the provision of any necessary information and advice to assist women identified by the Health Board as recommended nationally for a cervical screening test in making an informed decision as to participation in the NHS Scotland Cervical Screening Programme;
  • (b) the performance of cervical screening tests on women who have agreed to participate in that Programme;
  • (c) arranging for women to be informed of the results of the test; and
  • (d) ensuring that test results are followed up appropriately.
  • (3) The records referred to in sub-paragraph (1)(b) are an accurate record of the carrying out of a cervical screening test, the result of the test and any clinical follow up requirements.

Contraceptive services

3

  • (1) A provider whose agreement includes the provision of contraceptive services must make available to all its patients who request such services the services described in sub-paragraph (2).
  • (2) The services referred to in sub-paragraph (1) are—
  • (a) the giving of advice about the full range of contraceptive methods;
  • (b) where appropriate, the medical examination of patients seeking such advice;
  • (c) the treatment of such patients for contraceptive purposes and the prescribing of contraceptive substances and appliances (excluding the fitting and implanting of intrauterine devices and implants);
  • (d) the giving of advice about emergency contraception and, where appropriate, the supplying or prescribing of emergency hormonal contraception or, where the provider has a conscientious objection to emergency contraception, a prompt referral to another provider (by any arrangement) of primary medical services who does not have such conscientious objections;
  • (e) the provision of advice and referral in cases of unplanned or unwanted pregnancy, including advice about the availability of free pregnancy testing in the practice area and, where appropriate, where the provider has a conscientious objection to the termination of pregnancy, a prompt referral to another provider (by any arrangement) of primary medical services who does not have such conscientious objections;
  • (f) the giving of initial advice about sexual health promotion and sexually transmitted infections; and
  • (g) the referral as necessary for specialist sexual health services, including tests for sexually transmitted infections.
  • (3) An agreement which includes the provision of contraceptive services must provide that, for the purposes of paragraphs 11 to 14 of schedule 1, drugs includes contraceptive substances and appliances includes contraceptive appliances.

Vaccinations and immunisations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Childhood vaccinations and immunisations

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child health surveillance

6

  • (1) A provider whose agreement includes the provision of child health surveillance services must, in respect of any child under the age of 5 for whom the provider has responsibility under the agreement—
  • (a) provide all the services described in sub-paragraph (2), other than any examination so described which the parent refuses to allow the child to undergo, until the date upon which the child attains the age of 5 years; and
  • (b) maintain such records as are specified in sub-paragraph (3).
  • (2) The services referred to in sub-paragraph (1)(a) are—
  • (a) the monitoring—
  • (i) by the consideration of any information concerning the child received by or on behalf of the provider; and
  • (ii) on any occasion when the child is examined or observed by or on behalf of the provider (whether pursuant to sub-paragraph (2)(b), or otherwise),

of the health, well-being and physical, mental and social development (all of which characteristics are referred to in this paragraph as “development”) of the child while under the age of 5 years with a view to detecting any deviations from normal development; and

  • (b) the examination of the child at a frequency that has been agreed with the Health Board in accordance with the nationally agreed evidence based programme set out in the fourth edition of “Health for all Children”108.
  • (3) The records mentioned in sub-paragraph (1)(b) are an accurate record of—
  • (a) the development of the child while under the age of 5 years, compiled as soon as is reasonably practicable following the first examination of that child and, where appropriate, amended following each subsequent examination mentioned in that sub paragraph; and
  • (b) the responses (if any) to offers made to the child’s parent for the child to undergo any examination referred to in sub-paragraph (2)(b).

Maternity medical services

7

  • (1) A provider whose agreement includes the provision of maternity medical services must provide—
  • (a) to female patients who have been diagnosed as pregnant all necessary maternity medical services throughout the ante-natal period;
  • (b) to female patients and their babies all necessary maternity medical services throughout the postnatal period other than neonatal checks;
  • (c) all necessary maternity medical services to female patients whose pregnancy has terminated as a result of miscarriage or abortion or, where the provider has a conscientious objection to the termination of pregnancy, prompt referral to another provider (by any arrangement) of primary medical services who does not have such conscientious objections.
  • (2) In this paragraph—
  • “ante-natal period” means the period from the start of the pregnancy to the onset of labour;
  • “maternity medical services” means—in relation to female patients (other than babies) all primary medical services relating to pregnancy, excluding intra partum care; andin relation to babies, any primary medical services necessary in their first 14 days of life; and
  • “postnatal period” means the period starting from the conclusion of delivery of the baby or the patient’s discharge from secondary care services, whichever is the later, and ending on the fourteenth day after birth.

SCHEDULE 4 — MINIMUM STANDARDS FOR PRACTICE PREMISES

The provider must ensure that it meets minimum standards for its practice premises which are that—

1the provider complies with any obligations under the Health and Safety at Work etc. Act 1974109 (and provision made under that Act) and the Equality Act 2010110 in relation to—1the design or construction of the practice premises; and2the approach or access to the practice premises,which the provider has to its own members (where applicable), staff, providers and to persons to whom it provides primary medical services, including taking such steps as are reasonable to—aprovide for ease of access to the practice premises and ease of movement within the practice premises for all users of the practice premises (including wheelchair users);bprovide adequate sound and visual systems for the hearing and visually impaired; andcremove barriers to the employment of disabled people;

2there are adequate facilities for the elderly and young children, including nappy-changing and feeding facilities;

3there are adequate lavatory and hand hygiene facilities for all persons on the practice premises which meet current infection control standards;

4there is such equipment as is necessary to enable the provider to properly perform appropriate clinical services in the consultation rooms and treatment areas;

5the practice has arrangements for instrument decontamination that comply with any national guidelines for instrument decontamination published by the Scottish Ministers from time to time which apply to primary care in accordance with paragraph 83 of schedule 1;

6Subject to sub-paragraph (7), consulting rooms and treatment areas are properly equipped for use by practitioners working in the practice, including—1adequate arrangements to ensure the privacy of consultations; and2patients have personal privacy when dressing or undressing, either in a separate examination room or in a screened-off area around an examination couch within the relevant consulting rooms and treatment areas;

7in the case of branch surgeries where the provider provides outlying consultation facilities in premises usually used for other purposes, and these outlying consultation facilities meet with the approval of the Health Board, the standards set out in paragraph 6 do not apply in relation to the outlying consultation facilities;

8the access arrangements for the practice premises are convenient for all users;

9there are washbasins connected to running hot and cold water (ideally distributed through elbow, knee or sensor operated taps) in all consulting rooms and treatment areas, or, if this is not possible, then in immediately adjacent rooms;

10there are adequate internal waiting areas with—1enough seating to meet all normal requirements, either in the reception area or elsewhere; and2a facility for patients to communicate confidentially with reception staff, including by telephone;

11there are adequate standards of lighting, heating and ventilation;

12the premises, fittings and furniture of the practice premises are in good repair and (when being used for the provision of primary medical services) clean and hygienic;

13there are arrangements for the storage and disposal of clinical waste and that these arrangements comply with the legislative requirements and national guidance in place from time to time in accordance with paragraph 83 of schedule 1;

14there are, in the practice premises, arrangements for adequate fire precautions designed in accordance with the Building Regulations 2004111 and agreed with the local fire authority, including provision for safe exit from the practice premises;

15there is adequate security for drugs, records, prescription pads and pads of doctors’ statements; and

16If the practice premises are to be used for minor surgery or the treatment of minor injuries, there are necessary facilities and equipment to enable the proper performance of these procedures in the practice premises.

SCHEDULE 5 — CLOSURE NOTICE

SCHEDULE 6 — PRACTICE INFORMATION

...

1The name(s) of the provider.

2In the case where a partnership is a party to the agreement—awhether or not it is a limited partnership; andbthe names of all the partners and, in the case of a limited partnership, their status as a general or limited partner.

3In the case where a company is a party to the agreement—athe names of the directors, the company secretary and the membersbof that company; andcthe address of the company’s registered office.

4In the case where a limited liability partnership is a party to the agreement—athe names of all the members of that limited liability partnership; andbthe address of the registered office of the limited liability partnership.

5The full name of each person performing services under the agreement.

6In the case of each health care professional performing services under the agreement the health care professional’s professional qualifications.

7Whether the provider undertakes the teaching or training of health care professionals or persons intending to become health care professionals.

8The provider’s practice area, by reference to a map, plan or postcode.

9The address of each of the practice premises.

10The provider’s telephone number and the address of the provider’s website (if any).

11Where the provider offers its registered patients an online service in accordance with paragraph 40 of schedule 1, the website address where such patients can access and use the service and guidance on how such patients can access and use that service.

12Whether the practice premises have suitable access for all disabled patients and, if not, the alternative arrangements for providing services to such patients.

13Where the provider provides essential services, how to register a patient.

14The right of patients to express a preference of practitioner in accordance with paragraph 9 of schedule 1 and the means of expressing such a preference.

15The services available under the agreement.

16The opening hours of the practice premises and the method of obtaining access to services throughout the core hours. Information on access to services should include any usual periods of consultation time provided during the opening hours.

17The criteria for home visits and the method of obtaining such a visit.

18Where the provider provides essential services, the consultations available to patients under paragraphs 1 and 2 of schedule 2.

19Where the provider provides essential services, the details of—athe out of hours period as set out in paragraph (20);barrangements for services in the out of hours period; andc... how the patient may contact such services.

20The out of hours period is:ithe period beginning at 1830 hours on any day from Monday to Thursday and ending at 0800 hours on the following day;iithe period beginning 1830 hours on Friday and ending at 0800 hours on the following Monday; andiiiChristmas Day, New Year’s Day and any other public or local holiday.

21If the services in paragraph (19) are not provided by the provider, the fact that the Health Board referred to in paragraph 29 is responsible for commissioning the services.

21AThe details of the arrangements for the delivery of vaccinations and immunisations (and childhood vaccinations and immunisations) to the provider’s patients.

22The telephone number of NHS 24 and details of the NHS 24 website.

23The method by which patients are to obtain repeat prescriptions.

24If the provider is a dispensing provider the arrangements for dispensing prescriptions.

25How patients may make a complaint or comment on the provision of service.

26The rights and responsibilities of the patient, including keeping appointments.

27The action that may be taken where a patient is violent or abusive to the provider or the provider’s staff, persons present on the practice premises, or in the place where treatment is provided under the agreement, or other persons specified in paragraph 10(2)(c) of schedule 1 or paragraph 12(2) of schedule 2.

28Details of who has access to patient information (including information from which the identity of the individual can be ascertained) and the patient’s rights in relation to disclosure of such information.

29The name, address and telephone number of the Health Board which is a party to the agreement and from whom details of primary medical services in the area may be obtained.

SCHEDULE 7 — REVOCATIONS

Column 1Secondary legislation revoked Column 2Reference Column 3Extent of revocation
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 S.S.I. 2004/116 The whole Regulations except
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 S.S.I. 2004/116 regulation 2 so far as that regulation sets out definitions of “out of hours period” and “out of hours services”;regulations 9(d) and 13;paragraphs 6 and 7 of schedule 1;Schedule 4; andparagraph 17 of schedule 6;
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 S.S.I. 2004/116 But only for the purposes of regulation 28 of the Regulations
The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004 S.S.I. 2004/162 Regulation 5
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2004 S.S.I. 2004/217 The whole Regulations
National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2005 S.S.I. 2005/336 The whole Regulations
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2006 S.S.I. 2006/248 The whole Regulations
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2007 S.S.I. 2007/205 The whole Regulations
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment (No. 2) Regulations 2007 S.S.I. 2007/393 The whole Regulations
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment (No. 3) Regulations 2005 S.S.I. 2007/502 The whole Regulations
The National Health Service (Pharmaceutical Services)(Scotland) Regulations 2009 S.S.I. 2009/183 Schedule 6, paragraph 3
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 3
National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2010 S.S.I. 2010/395 The whole Regulations
The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 S.S.I. 2011/55 Schedule 1, paragraph 5
The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 S.S.I. 2011/211 Schedule 2, paragraph 26, subject to subject to paragraph 3 of regulation 28 of these Regulations
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2012 S.S.I. 2012/10 The whole Regulations
The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 S.S.I. 2012/36 Schedule 1, paragraph 2
The National Health Service (Physiotherapist, Podiatrist or Chiropodist Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2014 S.S.I. 2014/73 Regulations 5, 6 and 7
The National Health Service (Pharmaceutical Services)(Scotland) (Miscellaneous Amendments) Regulations 2014 S.S.I. 2014/148 Regulations 12 and 13
The National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016 S.S.I. 2016/393 Regulations 5, 6 and 7

SCHEDULE 8 — CONSEQUENTIAL AMENDMENTS

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