The National Health Service (General Medical Services) (Scotland) Amendment (No.3) Regulations 1998

Made: 30th June 1998

Laid before Parliament: 3rd July 1998

Coming into force: 27th July 1998

The Secretary of State, in exercise of the powers conferred on him by sections 19, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978¹ and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (General Medical Services) (Scotland) Amendment (No.3) Regulations 1998 and shall come into force on 27th July 1998.

• (2) In these Regulations, “the 1995 Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 1995(²

GMS local development schemes

2

• (1) In regulation 35 of the 1995 Regulations (payments), at the beginning of paragraph (1), insert “Subject to regulation 35B,”.

• (2) After regulation 35A(³ insert–

(35B) (1) A Board may as respects any financial year establish one or more GMS local development schemes if– (a) the Secretary of State has for the purposes of any such scheme as it may establish designated the Board as the determining authority for the remuneration of doctors whose names are included in its medical list; and (b) such remuneration is of a description designated by the Secretary of State in relation to that financial year for the purposes of section 85(1AA)(b) of the National Health Service (Scotland) Act 1978(⁴ (2) Schedule 8A defines a GMS local development scheme, and makes further provision in connection with such schemes. (3) In respect of each financial year the Board shall make payments in accordance with its determination under the said section 85(1AA)(b) to those doctors whose names are included in its medical list who qualify by virtue of the determination for such payments. (4) As soon as reasonably possible after the end of each financial year, the Board shall publish the following information about the GMS local development schemes established in its area as respects that financial year:– (a) the aggregate amount of all the payments under paragraph (3) made or due to doctors in respect of that financial year for all the Board’s GMS local development schemes taken together; (b) the number of doctors to whom such payments have been made; and (c) a description of the aspects of general medical services which were the subject of the Board’s GMS local development schemes in that financial year.

• (3) In regulation 36 of the 1995 Regulations (claims and overpayments), in paragraph (1), at the end insert “or (as the case may be) with the terms of a GMS local development scheme”.

• (4) After Schedule 8 to the 1995 Regulations, insert Schedule 8A as set out in the Schedule to these Regulations.

SCHEDULE — NEW SCHEDULE 8A TO BE INSERTED IN 1995 REGULATIONS

Signed

Sam Galbraith — Minister for Health, Scottish Office — 30th June 1998

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”) which regulate the terms on which general medical services are provided under the National Health Service (Scotland) Act 1978 (“the Act”).

Regulation 2 inserts a new regulation 35B into the 1995 Regulations. This regulation enables a Health Board to establish one or more general medical services local development schemes (“LDSs”), provided it has been designated as a determining authority by the Secretary of State and the remuneration is of a description designated by the Secretary of State for that purpose under section 85(1AA)(b) of the Act.

The new Regulation 35B also requires a Health Board to make payments in accordance with the determination for each financial year to doctors on its medical list who qualify; and to publish certain information about the LDSs established in its area.

Regulation 2(3) makes a consequential amendment to regulation 36 of the 1995 Regulations.

Regulation 2(4) and the Schedule insert a new Schedule 8A to the 1995 Regulations, which makes further provision about LDSs. In particular, Schedule 8A defines an LDS and provides that the Health Board must be satisfied or specified criteria before it can establish an LDS. It provides that LDSs cannot be used to duplicate any payment for which provision is made in the Statement referred to in regulation 35(1) of the 1995 Regulations, but may be used to make payments in addition to payments made under the Statement.

Footnotes