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	Statutory Instruments of the Scottish Parliament
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"the 2001 Regulations" means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001[2];

"the 2002 Order" means the Medical Act 1983 (Amendment) Order 2002[3];

"the 2003 Order" means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[4]; "the 2004 Act" means the Primary Medical Services (Scotland) Act 2004[5];

"appliance" means an appliance which is included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1) of the Act;

"approved medical practice" has the meaning indicated in section 11(4) of the Medical Act 1983[6];

"area medical committee" means the committee of that name recognised under section 9 of the Act[7] (local consultative committees) in the area of the Health Board;

"area pharmaceutical committee" means the committee of that name recognised under section 9 of the Act (local consultative committees) in the area of the Health Board;

"armed forces GP" means a medical practitioner, who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the armed forces of the Crown, and

(a) before the coming into force of article 10 of the 2003 Order holds either a certificate of prescribed experience under regulation 10 of, or a certificate of equivalent experience under regulation 11 of, the Vocational Training Regulations; or

(b) upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, is an eligible general medical practitioner pursuant to that paragraph, other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to that Order;

"both registers" means the register of medical practitioners and, after the coming into force of article 10 of the 2003 Order, that register and the GP Register;

"CCT" means Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;

"Committee on Professional Performance" means the Committee on Professional Performance of the General Medical Council referred to in section 1(3) of the Medical Act 1983[8];

"conditional disqualification" has the meaning indicated in section 29C(1) of the Act[9] and includes a decision under provisions in force in England, Wales or Northern Ireland corresponding to a conditional disqualification, and "conditionally disqualified" shall be construed accordingly;

"disqualification" means local or national disqualification by the Tribunal, (or a decision under provisions in force in England, Wales or Northern Ireland corresponding to local or national disqualification), but does not include conditional disqualification, and "disqualified" shall be construed accordingly;

"EEA state" means a Contracting Party to the Agreement on the European Economic Area[10] signed at Oporto on 2nd May 1992 as adjusted by the Protocol[11] signed at Brussels on 17th March 1993;

"equivalent body" means, in England, a Primary Care Trust, in Wales, a Local Health Board or, in Northern Ireland, a Health and Social Services Board;

"equivalent list" means a list kept by an equivalent body;

"first condition for disqualification" has the meaning indicated in section 29(6) of the Act[12];

"Fitness to Practise Panel" means a panel constituted pursuant to paragraph 19E of Schedule 1 to the Medical Act 1983[13];

"fraud" means matters which it is the function of the Agency to prevent, detect or investigate by virtue of article 3(o) of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974[14];

"general medical practitioner" means a GP Registrar or-

(a) on the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the GP Register, otherwise than by virtue of paragraph 1(d) of Schedule 6 to that Order; and

(b) until the coming into force of that article, a medical practitioner who is either-


(i) until the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, suitably experienced within the meaning of section 21(2) of the Act, section 31(2) of the National Health Service Act 1977[15] or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978[16]; or

(ii) upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, an eligible general medical practitioner pursuant to that paragraph other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to the 2003 Order;

"General Medical Services Contracts Regulations" means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004[17];

"GP Register" means the register kept by the General Medical Council under article 10 of the 2003 Order;

"GP Registrar"-

(a) until the coming into force of article 5 of the 2003 Order, means a medical practitioner who is being trained in general practice by a medical practitioner who-


(i) has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the Vocational Training Regulations; and

(ii) performs primary medical services; or



(b) after the coming into force of that article, means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT, or otherwise;

"GP Trainer" means a medical practitioner, other than a GP Registrar, who is-

(a) until the coming into force of article 4(5)(d) of the 2003 Order, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the Vocational Training Regulations; or

(b) from the coming into force of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i) of that Order;

"health case" has the meaning ascribed to it by section 35E(4) of the Medical Act 1983[18];

"licensing or regulatory body" means a body that licenses or regulates any profession of which the general medical practitioner is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;

"list" has, unless the context otherwise requires, the same meaning as in section 29(8) of the Act;

"medical practitioner" means a registered medical practitioner, and includes for the purposes of these Regulations, a person provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) or section 21 (provisional registration) of the Medical Act 1983[19] or a person for the time being registered under section 22 (limited registration of persons by virtue of overseas qualifications) of that Act[20] with limited registration;

"local or national disqualification" has the meaning indicated in section 29B(2) of the Act[21];

"performer" means a person included in a primary medical services performers list;

"pharmacist" means-

(a) a registered pharmacist within the meaning of the Medicines Act 1968[22] who provides pharmaceutical services;

(b) a person lawfully conducting a retail pharmacy business in accordance with section 69 (general provisions) of that Act[23] who provides such services; or

(c) a supplier of appliances,

who is included in the list of a Health Board under section 27 (arrangements for provision of pharmaceutical services) of the Act[24];

"primary medical services performers list" means a list of medical practitioners prepared pursuant to regulation 4(1);

"professional conduct" includes matters relating both to professional conduct and professional performance;

"Professional Conduct Committee" means the Professional Conduct Committee of the General Medical Council referred to in section 1(3) of the Medical Act;

"professional registration number" means the number against the medical practitioner's name in the register of medical practitioners kept by the General Medical Council;

"provider of primary medical services" means a general medical practitioner, who, in addition to performing primary medical services, provides (including by virtue of being a partner in a partnership which so provides) primary medical services in accordance with arrangements under section 2C(2) (functions of Health Boards: primary medical services), an agreement under section 17C (personal medical or dental services) or a general medical services contract under section 17J (Health Board's power to enter into general medical services contracts) of the Act [25];

"register of medical practitioners" has the meaning given to it by section 2(2) of the Medical Act 1983 [26];

"relevant service in the armed forces" means whole time service in the armed forces of the Crown in a national emergency, as a volunteer or otherwise, or a compulsory whole-time service in those forces, including any service resulting from any reserve liability, or any equivalent service by a person liable for compulsory whole-time service in those forces;

"second condition for disqualification" has the meaning indicated in section 29(7) of the Act;

"Section 17C Agreements Regulations" means the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004[27];

"suspended" means, unless the context otherwise requires, suspended as respects the performance of primary medical services by a direction of the Tribunal made pursuant to section 32A(2) (applications for interim suspension) or 32B(1) (suspension pending appeal) of the Act[28] or under any provisions in force in England, Wales or Northern Ireland corresponding thereto;

"the Vocational Training Regulations" mean the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998[29];

"vocational training scheme" means-

(a) a pre-arranged programme of training which is designed for the purpose of enabling a medical practitioner to gain the medical experience prescribed by regulation 6(1) of the Vocational Training Regulations; or

(b) after the coming into force of article 4 of the 2003 Order, post graduate medical education and training necessary for the award of a CCT under that article; and

"writing" includes, except in regulation 6(1), transmission by electronic means and "written" shall be construed accordingly.

Primary Medical Services Performers
     3.  - (1) Subject to the provisions of any order made by the Scottish Ministers under section 7 of the 2004 Act (ancillary provisions) and subject to paragraphs (2) and (3), a health care professional who is a medical practitioner may not perform any primary medical service which a Health Board is, under section 2C(1) of the Act[30], under a duty to provide or secure the provision of unless that medical practitioner is included in a primary medical services performers list maintained by that Health Board.

    (2) A medical practitioner, who is provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) or 21 (provisional registration) of the Medical Act 1983 may perform primary medical services despite not being included in the primary medical services performers list of any Health Board, where those services are performed in the course of the practitioner's employment in a resident medical capacity in an approved medical practice.

    (3) A GP Registrar, who has applied in accordance with these Regulations to a Health Board to have the GP Registrar's name included in a primary medical services performers list maintained by that Health Board, may, despite not being included in that list, perform any primary medical service which that Health Board is, under section 2C(1) of the Act, under a duty to provide or secure the provision of, until the first of the following events arises:-

(a) the Board notifies the GP Registrar of the Board's decision on that application;

(b) the end of a period of 2 months, starting with the date on which the GP Registrar's vocational training scheme begins.

Primary Medical Services Performers Lists
     4.  - (1) Each Health Board shall prepare in accordance with these Regulations a primary medical services performers list of medical practitioners who may perform primary medical services for which that Health Board is, under section 2C(1) of the Act, under a duty to provide or secure the provision of.

    (2) A primary medical services performers list shall contain in respect of each performer included in the list the following information:-

(a) the full name and professional registration number of the performer;

(b) provided that the performer consents to its inclusion, the date of birth, or, if there is no consent, the date of first full registration as a medical practitioner (whether pursuant to the Medical Act 1983 or otherwise), of the performer;

(c) if the performer is also a provider of primary medical services, that the performer is one;

(d) if the performer is a GP Registrar, that the performer is one; and

(e) if the performer is an armed forces GP, that the performer is one.

Publication of primary medical services performers lists
     5.  - (1) A Health Board shall publish and make available for inspection, at such places as appear to it convenient for informing all persons interested within the Health Board's area, copies of the primary medical services performers list and shall keep them up to date.

    (2) A Health Board shall send a copy of the primary medical services performers list to-

(a) the Scottish Ministers;

(b) the area medical committee;

(c) the area pharmaceutical committee; and

(d) all pharmacists providing pharmaceutical services in the Health Board's area,

at intervals of not more than 3 months.

Application for inclusion in the primary medical services performers list
     6.  - (1) An application by a person for inclusion in a primary medical services performers list of a Health Board shall be made in writing to the Health Board and shall include the documents, information, undertakings and declarations specified in Schedule 1.

    (2) Before determining an application, a Health Board shall-

(a) check so far as practicable, the information provided by the applicant and any relevant documents;

(b) take up the references that the applicant provided in accordance with paragraph 1(g) of Schedule 1; and

(c) check with the Agency whether the applicant has any record of fraud, which information the Agency shall supply unless it would prejudice any criminal proceedings or the prevention, detection or investigation of fraud.

    (3) If a Health Board considers that further information or documents, in addition to the documents, information and undertakings provided by the applicant in accordance with paragraph (1), are necessary to determine the applicant's application, the Health Board shall require the applicant to provide such further information or documents as are necessary before the Health Board shall determine an application in accordance with this regulation.

Decisions and grounds for refusal and deferral
     7.  - (1) A Health Board shall refuse to include the name of an applicant in its primary medical services performers list if-

(a) the applicant is not a general medical practitioner;

(b) the applicant is -


(i) the subject of a direction given by the Professional Conduct Committee under section 36 (professional misconduct and criminal offences) of the Medical Act 1983[31];

(ii) the subject of an order made by the Professional Conduct Committee under section 38(1) (power to order immediate suspension after a finding of professional misconduct or unfitness to practice) of that Act[32];

(iii) from the coming into force of article 13 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), 10(a) or (b), or (12)(a) or (b) (functions of a Fitness to Practise Panel), or section 38(1) (power to order immediate suspension etc) of that Act[33]; or

(iv) from the coming into force of article 14 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel suspending him pursuant to rules made under paragraph 5A(3) of Schedule 4 of that Act[34];



(c) the applicant has been convicted in the United Kingdom of murder;

(d) the applicant has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of over 6 months;

(e) having contacted referees provided by the applicant, the Health Board is not satisfied with the references (if any) provided by the referees; or

(f) the Health Board is not satisfied that the applicant has the knowledge of English which, in the interests of the applicant and of patients who may receive primary medical services from the applicant, is necessary for performing primary medical services.

    (2) Paragraph (1) is without prejudice to any duty on a Health Board not to-

(a) enter an applicant in a primary medical service performers list by virtue of that applicant being disqualified under section 29B(2), 30(2) or (5) or 31(1) of the Act[35];

(b) enter an applicant in a primary medical services performers list by virtue of that applicant being suspended under section 32A, 32B or 32D of the Act [36]; or

(c) add the applicant to a primary medical services performers list by virtue of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004[37].

    (3) When a Health Board has decided whether or not to include an applicant in its primary medical services performers list, the Health Board shall notify the applicant within 7 days of that decision of -

(a) that decision; and

(b) if the Health Board has decided not to include the applicant, the reasons for that (including any facts upon which the Health Board has relied) and of the right of appeal under regulation 13 against that decision.

    (4) Without prejudice to the Health Board's power under section 29 of Act (the NHS Tribunal) to make representations to the Tribunal that an applicant meets the second condition for disqualification, a Health Board shall defer determination of an application for inclusion in a primary medical services performers list where-

(a) the applicant is the subject of criminal proceedings in the United Kingdom or elsewhere in the world, conviction in respect of which would be likely to lead to refusal to include in, or removal from, a primary medical services performers list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets the first condition for disqualification (if the applicant were included in the list), or the second condition for disqualification;

(b) the applicant is the subject of an investigation or proceedings relating to the applicant's professional conduct by any licensing or regulatory body (including one by the Agency or another Health Board or equivalent body) in the United Kingdom or elsewhere in the world, the outcome of which would be likely to lead to refusal to include in, or removal from, a primary medical services performers list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets the first condition for disqualification (if the applicant were included in the list) or second condition for disqualification; or

(c) the applicant is the subject of other proceedings in the United Kingdom which would be likely to result in the applicant being disqualified, removed or suspended from an equivalent list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets the first condition for disqualification (if the applicant were included in the list), or second condition for disqualification,

and the Health Board shall notify the applicant of the deferral and the reasons for the deferral in writing.

    (5) A Health Board shall defer a determination under paragraph (3) only until the outcome of the relevant event is known.

    (6) Once the outcome of the relevant event is known, the Health Board shall require the applicant to confirm that the applicant wishes to proceed with the application and provide details of any changes to the application, and any information included in the application, within 28 days (or such longer period as the Health Board specifies).

    (7) On the expiry of the period of 28 days (or such longer period as the Health Board has specified) referred to in paragraph (6), the Health Board shall again consider the application and notify the applicant of its determination and the reasons for it (including any facts relied on) and, where the Health Board refuses the application for inclusion, of the applicant's right of appeal under regulation 13.

    (8) In this regulation "the outcome of the relevant event" means the final determination of any proceedings (including proceedings pending the determination of which the applicant is suspended) or investigation referred to in paragraph (4)(a) to (c).

Requirements with which a medical practitioner included in a primary medical services' performers list must comply
     8.  - (1) A performer included in a primary medical services performers list shall-

(a) exercise a reasonable standard of professional and clinical judgement, behaviour, skill, knowledge and care towards patients who receive primary medical services from the performer, and in the prescribing or dispensing of any drugs, medicines or appliances to them; and

(b) comply with the undertakings specified in paragraph 3 of Schedule 1 and any other requirement of these Regulations.

    (2) A performer included in a primary medical services performers list shall comply with the undertakings specified in paragraph 3 of Schedule 1 whether or not those undertakings were included in an application by the performer under regulation 6.

Removal from primary medical services performers lists
     9.  - (1) In addition to any duty on a Health Board under the Act not to continue to include a performer by virtue of that performer's disqualification or to remove the performer by virtue of the performer being suspended, where a Health Board determines that a performer who has been included in a primary medical services performers list-

(a) has died;

(b) is no longer a general medical practitioner;

(c) is-


(i) the subject of a direction given by the Professional Conduct Committee under section 36 (professional misconduct and criminal offences) of the Medical Act 1983;

(ii) the subject of an order made by the Professional Conduct Committee under section 38(1) (power to order immediate suspension after a finding of professional misconduct or unfitness to practice)of that Act;

(iii) from the coming into force of article 13 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), 10(a) or (b), or (12)(a) or (b) (functions of a Fitness to Practise Panel), or 38(1) (power to order immediate suspension etc) of that Act; or

(iv) from the coming into force of article 14 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel suspending him pursuant to rules made under paragraph 5A(3) of Schedule 4 to that Act;



(d) has been convicted in the United Kingdom of murder; or

(e) has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of over 6 months,

the Health Board shall remove the performer from the primary medical services performers list with effect from the date of its determination or, in the circumstances mentioned in sub paragraph (c) above, the date on which the direction or order takes effect, if that date is later than the date of the Board's determination, and shall notify the performer as soon as practicable of the removal and the reasons for the removal in writing.

    (2) Paragraph (1) is without prejudice to any duty on a Health Board to-

(a) remove a performer from a primary medical service performers list by virtue of that performer being disqualified under section 29B(2), 30(2) or (5) or 31(1) of the Act; or

(b) remove a performer from a primary medical services performers list by virtue of that applicant being suspended under section 32A, 32B or 32D of the Act.

Removal from the primary medical services performers list of medical practitioners not performing primary medical services
     10.  - (1) Where a Health Board has determined, in accordance with the provisions of this regulation, that a performer who is included in the primary medical services performers list has not, for the preceding 12 months, performed primary medical services which that Health Board is, under section 2C(1) of the Act[38], under a duty to provide or secure the provision of, the Health Board may remove the performer from the primary medical service performers list, unless the Scottish Ministers direct to the contrary in accordance with regulation 13(11).

    (2) In calculating the period of 12 months referred to in paragraph (1) the Health Board shall disregard any period during which the performer-

(a) was not included in the primary medical service performers list;

(b) was suspended;

(c) was suspended-


(i) before the coming into force of article 13 of the 2002 Order by a committee of the General Medical Council pursuant to section 37 or 41A of the Medical Act 1983[39];

(ii) after the coming into force of that article, by a Fitness to Practise Panel pursuant to section 41A(1)(a) of that Act[40]; or

(iii) after the coming into force of that article, in a health case;



(d) was an armed forces GP or performing a period of relevant service in the armed forces.

    (3) Before making any determination under paragraph (1) the Health Board shall-

(a) send the performer notice in writing of its intention to remove the performer from the primary medical services performers list and the reasons for that intention;

(b) give the performer the opportunity to make written representations to the Health Board within 30 days of the date of the notification under sub-paragraph (a); and

(c) give the performer the opportunity to make oral representations, if the medical practitioner so requests, within 30 days of the date of notification under sub-paragraph (a).

    (4) If the performer requests the opportunity to make oral representations pursuant to paragraph (3)(c), the Health Board shall appoint a committee, of which at least one-third of the members shall be general medical practitioners, to consider those representations and make a recommendation to the Health Board.

    (5) If there are no representations within 30 days of the date of notification under paragraph (3)(a) the Health Board shall inform the performer in writing of-

(a) its determination and the reasons for it (including any facts relied upon); and

(b) any right of appeal under regulation 13,

within 7 days of making that determination, and where the Health Board has determined that the performer is to be removed from the primary medical services performers list it shall give the performer 30 days' notice in writing of the date on which the performer will be removed.

    (6) Where there are representations by the performer pursuant to paragraph (3)(b) or (c) the Health Board shall take those representations or any recommendation made by the committee appointed in accordance with paragraph (4) into account before reaching its decision, and shall then notify the performer in writing of-

(a) its determination and the reasons for it (including any facts relied upon); and

(b) any right of appeal under regulation 13 (appeal to the Scottish Ministers),

within 7 days of making that determination, and where the Health Board has determined that the performer is to be removed from the primary medical services performer's list it shall give the performer 30 days' notice in writing of the date on which the performer will be removed.

    (7) Where a medical practitioner has appealed to the Scottish Ministers, in accordance with regulation 13, within 21 days of the date on which notice of the determination of the Health Board was given to the performer and the decision on any such appeal is pending, a Health Board shall not remove, by reason of the determination against which appeal has been lodged, that performer from the primary medical services performers list.

    (8) No determination under this regulation shall be made in respect of any performer who has completed a period of relevant service in the armed forces until 12 months after the date when the performer completed that period of relevant service in the armed forces.

Re-inclusion in a primary medical service performers list
     11. Where a person's name has been removed from a primary medical services performer's list on grounds of conviction of a criminal offence and either-

(a) that conviction is overturned on appeal; or

(b) the sentence is reduced on appeal to 6 months or less imprisonment,

the Health Board may include that person in the primary medical services performers list without an application being made in accordance with regulation 6 if the Health Board is satisfied that there is no further information which it should consider, and provided that the Health Board receives undertakings from the practitioner to comply with these Regulations.

Amendment or withdrawal from primary medical services performers lists
     12.  - (1) A performer shall, unless it is impracticable to do so, give notice in writing to the Health Board within 30 days from the date of any occurrence requiring a change in the information recorded on a primary medical services performers list.

    (2) A performer shall, unless it is impracticable to do so, give notice in writing to the Health Board at least 90 days in advance of any date on which the performer intends to withdraw from the primary medical services performers list.

    (3) The Health Board shall, on receiving notice from any performer-

(a) pursuant to paragraph (1) as soon as practicable so amend the primary medical services performers list;

(b) pursuant to paragraph (2) so amend the primary medical services performers list, either-


(i) on the date which falls 90 days after the date the notice was received, or, if later, the date on which the performer has indicated in the notice the performer intends to withdraw; or

(ii) on the date from which the Health Board has agreed with the performer that the withdrawal shall take effect,



whichever is the earlier.

    (4) Any notice given pursuant to paragraph (2) may not be withdrawn by the performer except with the consent of the Health Board.

    (5) Where, in relation to a performer representations are made to the Tribunal under section 29 of the Act (the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification), that performer shall not, except with the consent of the Scottish Ministers and subject to such conditions as they may impose, be entitled to withdraw from the list until the proceedings on such representations, request for review or review have been determined.

Appeal to the Scottish Ministers
     13.  - (1) A person may appeal-

(a) on a point of law to the Scottish Ministers where the person's application for inclusion in a primary medical services performers list is refused under regulation 7;

(b) for a re-determination by the Scottish Ministers of a determination of a Health Board to remove the person from the primary medical services performers list pursuant to regulation 10(1).

    (2) A person may appeal by sending a notice of appeal to the Scottish Ministers, a copy of which shall be sent at the same time to the Health Board, within 21 days, or within such longer period as the Scottish Ministers for reasonable cause allow, of the date on which notice of the determination of the Health Board was given to the person.

    (3) A notice of appeal shall contain-

(a) in the case of an appeal referred to in paragraph (1)(a) a concise statement of the point or points of law in respect of which the person contends that the decision of the Health Board is erroneous;

(b) in the case of an appeal referred to in paragraph (1)(b) the facts and contentions on which the person seeks to rely.

    (4) If it appears to the Scottish Ministers that an appeal referred to in paragraph (1)(a) is of such a nature that it can properly be determined without a hearing, they may determine the appeal summarily without a hearing and shall give their decision in writing, with reasons for that decision, and send it to the appellant and the Health Board.

    (5) If the Scottish Ministers are of the opinion that a hearing is required, or in relation to any appeal referred to in paragraph (1)(b), they shall appoint-

(a) a person who is an advocate, a solicitor or a solicitor-advocate; and

(b) where they see fit, one or more other persons,

to hear the appeal.

    (6) A hearing may take place at such time and place as the Scottish Ministers may direct and notice of the hearing shall be sent by post to the appellant and the Health Board not less than 14 days before the date fixed for the hearing.

    (7) The appellant may attend and be heard in person or by counsel or solicitor or other representative and the Health Board may be represented at the hearing by any duly authorised official or by counsel or solicitor.

    (8) Subject to the provisions of this regulation, the procedure at the hearing shall be such as the person or persons hearing the appeal may determine.

    (9) The person or persons hearing the appeal shall report thereon to the Scottish Ministers, stating the relevant facts and conclusions, and the Scottish Ministers after taking such report into consideration shall give their decision in writing, with reasons for that decision and send it to the appellant and the Health Board.

    (10) Where, on allowing an appeal referred to in paragraph (1)(a), the Scottish Ministers remit an application to the Board for reconsideration-

(a) they shall give to the Health Board such directions as appear to them to be desirable with a view to ensuring the proper determination of the matter in accordance with the relevant law; and

(b) the Health Board shall re-determine the application and in so doing shall comply with any such directions given by the Scottish Ministers.

    (11) Where the Scottish Ministers allow an appeal referred to in paragraph (1)(b) they shall direct the Health Board not to remove the performer from the primary medical services performers list by reason of the determination appealed against, or, where the person has been removed, direct the Health Board to re-include the person in the primary medical services performers list, and not to remove the person by reason of the determination appealed against.

Disclosure of information
     14.  - (1) Where a Health Board decides to-

(a) refuse to admit a person to the Board's primary medical services performers list on the grounds specified in regulation 7(1);

(b) remove a performer from that list under regulation 9 or 10 ;

the Health Board shall notify the persons or bodies specified in paragraph (2) within 7 days of that decision, and shall additionally notify those persons or bodies specified in paragraph (3), if requested to do so by those persons or bodies in writing, of the matters set out in paragraph (4).

    (2) The persons or bodies to be notified within 7 days in accordance with paragraph (1) are-

(a) the Scottish Ministers;

(b) any other Health Board or equivalent body that, to the knowledge of the notifying Board-


(i) has the person on any list or equivalent list,

(ii) is considering an application for inclusion in any list or equivalent list by that person; or

(iii) is investigating an allegation against that person;



(c) the Secretary of State;

(d) the National Assembly for Wales;

(e) the Northern Ireland Executive;

(f) the General Medical Council or any other appropriate regulatory body;

(g) where an allegation of fraud is being considered, the Agency.

    (3) The persons or bodies to be additionally notified in accordance with paragraph (1) are-

(a) persons or bodies that can establish that they are or were employing that person, using or used that person's services or considering employing that person or using that person's services in a professional capacity;

(b) a partnership which provides primary medical services which can establish that the person is or was a member of the partnership or that it is considering inviting the person to become such a member;

(c) a corporate body which provides primary medical services which can establish that that the person is or was-


(i) a member;

(ii) a legal and beneficial shareholder;

(iii) a director or secretary; or

(iv) one of the body of persons with control,



of that corporate body, or that the corporate body was considering inviting the person to become such a person.

    (4) The matters referred to in paragraph (1) are-

(a) the person's name, address and date of birth;

(b) the person's professional registration number;

(c) the date of and a copy of the Health Board's decision; and

(d) a contact name of a person in the Health Board for further enquiries.

    (5) The Health Board shall send to the person concerned a copy of any information about that person provided to the persons or bodies listed in paragraph (2) or (3), and any correspondence with that person or body relating to that information.

    (6) Where the Health Board has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may, in addition, if requested by that person or body, notify that person or body of any evidence that was considered, including any representations from the performer.

    (7) Where a decision is changed on appeal the Health Board shall notify the persons or bodies that were notified of the original decision of the later decision.

    (8) A Health Board may disclose information about a performer supplied to it or acquired by it pursuant to these Regulations, or about references by the Health Board to the Tribunal to any of the following persons or bodies:-

(a) the Scottish Ministers;

(b) any other Health Board or equivalent body, which-


(i) has the person to whom the information relates on any list or equivalent list;

(ii) is considering an application from such a person for inclusion in any list or equivalent list;

(iii) is investigating an allegation against that person;



(c) the Secretary of State;

(d) the National Assembly for Wales;

(e) the Northern Ireland Executive;

(f) the General Medical Council or any other licensing or regulatory body;

(g) where an allegation of fraud is being considered, the Agency;

(h) persons or bodies that can establish that they are or were employing that person, using or used that person's services or considering employing that person or using that person's services in a professional capacity;

(i) a partnership which provides primary medical services which can establish that the person is or was a member of the partnership or that it is considering inviting the person to become such a member; and

(j) a corporate body which provides primary medical services which can establish that that the person is or was-



(i) a member;

(ii) a legal and beneficial shareholder;

(iii) a director or secretary; or

(iv) one of the body of persons with control,



of that corporate body, or that the corporate body was considering inviting the person to become such a person.

Payments to suspended medical practitioners
     15.  - (1) A Health Board shall make payments, in accordance with any determination by the Scottish Ministers, to any performer whose name appears on a primary medical services performers list and who is suspended.

    (2) Any determination under paragraph (1) shall be made in accordance with paragraph (3) after consultation with such persons as the Scottish Ministers consider appropriate.

    (3) Any determination under paragraph (1)-

(a) shall, determine any sum payable by reference to remuneration which the performer might have received during the period the performer was suspended; and

(b) may also determine any sum payable by reference to any other payment received or which might have been received by the performer.

    (4) Any determination under paragraph (1) may be amended from time to time by the Scottish Ministers after consultation with such persons as they consider appropriate.

Revocations
     16. Subject to the provisions of any order made by the Scottish Ministers under section 7 of the 2004 Act (ancillary provisions), the Regulations specified in column (1) of Schedule 2 are hereby revoked to the extent specified in column (3) of that Schedule.


MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
10th March 2004

(a) is a medical practitioner included in both registers;

(b) if the applicant is a GP Registrar, and is not a fully registered medical practitioner included in register of medical practitioners, that the applicant is registered in that register with limited registration, with details of the limits of that registration, as defined in the direction by virtue of which the applicant is registered;

(c) has been convicted of a criminal offence in the United Kingdom;

(d) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(e) is currently the subject of any proceedings which might lead to a conviction specified in sub paragraph (c) or (d);

(f) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(g) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995[41] or a penalty under section 115A of the Social Security Administration Act 1992[42];

(h) has accepted a police caution in the United Kingdom;

(i) has been bound over following a criminal conviction in the United Kingdom;

(j) has been subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body where the outcome was adverse;

(k) is currently subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body;

(l) is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

(m) is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, removed or suspended from a list, or equivalent list;

(n) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant's professional conduct in respect of any previous or current employment;

(o) is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate which-


(i) has been convicted of a criminal offence in the United Kingdom;

(ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(iii) is currently the subject of any proceedings which might lead to such a conviction;

(iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body; or

(v) is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;



(p) that the applicant consents to a request being made by the Health Board to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, "employer" includes any partnership of which the applicant is or was a member.

     3. An application shall include the following undertakings:-

(a) that the performer will participate in appropriate and relevant NHS appraisal procedures;

(b) that the performer will notify the Health Board in writing within 7 days of its occurrence if the performer-


(i) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Scotland, would constitute a criminal offence

(ii) is convicted of a criminal offence in the United Kingdom;

(iii) is convicted in elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(iv) has, in summary proceedings, in respect of an offence, been the subject of an order discharging the performer absolutely (without proceeding to conviction);

(v) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

(vi) has accepted a police caution in the United Kingdom;

(vii) is bound over following a criminal conviction in the United Kingdom;

(viii) becomes the subject of any investigation into the performer's professional conduct by any licensing, regulatory or other body;

(ix) is informed by any licensing, regulatory or other body of the outcome of any investigation into the performer's professional conduct, and there is a finding against the performer;

(x) becomes, to the performer's knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

(xi) becomes the subject of any investigation or proceedings by another Health Board or equivalent body, which might result in the performer being disqualified, conditionally disqualified, removed or suspended from a list, or equivalent list;

(xii) is disqualified, conditionally disqualified, removed or suspended from or refused admission to any list or equivalent list;

(xiii) is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation, a director or one of the persons with control of a body corporate and that body corporate-


(aa) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Scotland, would constitute a criminal offence;

(bb) is convicted of a criminal offence in the United Kingdom;

(cc) is convicted elsewhere of an offence which, if committed in Scotland, would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body;

(ee) is informed by any licensing, regulatory or other body of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

(ff) becomes, to the performer's knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,



together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;



(c) if the performer is a provider of primary medical services-



(i) under a general medical services contract, to comply with the requirements of paragraph 114 (gifts) of Schedule 5 (other contractual terms) to the General Medical Services Contracts Regulations;

(ii) under a section 17C agreement, to comply with requirements of paragraph 78 (gifts) of Schedule 1 (content of agreements) to the Section 17C Agreements Regulations;



(d) if the performer is not a provider of primary medical services but performs primary medical services in accordance with a-



(i) general medical services contract, to comply with the requirements of paragraph 114 of Schedule 5 to the General Medical Services Contracts Regulations; or

(ii) section 17C arrangement, to comply with the requirements of 78 of Schedule 1 to the Section 17C Agreements Regulations,



as though the performer were a provider of primary medical services;

(e) that the performer shall not prescribe drugs, medicines or appliances whose cost or quantity, in relation to any patient, is, by reason of the character of the drug, medicine or appliance in question in excess of that which is reasonably necessary for the proper treatment of that patient;

(f) where the performer is authorised to supply drugs, medicines or appliances, that the performer shall not supply any drugs, medicines or appliances to any person who makes a declaration on a prescription form claiming either charge exemption under regulation 7 of the 2001 Regulations or charge remission under the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003[43] without evidence of the patient's entitlement to such exemption or remission having been requested, unless the claim is for an exemption under regulation 7(1)(a) to (f) of the 2001 Regulations and the performer has information at the time of supplying the item which confirms that the person is entitled to the exemption claimed;

(g) if the performer is a provider of primary medical services, that the performer shall claim for a payment under the arrangement, agreement or contract by which the performer provides primary medical services only in accordance with the terms of that arrangement, agreement or contract;

(h) if the performer is not a provider of primary medical services, that the performer shall-



(i) assist a provider of primary medical services in a claim for a payment under the arrangement, agreement or contract by which that provider provides primary medical services only where that claim is in accordance with the terms of that arrangement, agreement or contract; and

(ii) claim a payment from a provider of primary medical services only in accordance with the terms of the performers employment or engagement by that provider;



(i) if the performer is a GP Registrar, unless the performer has an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994[44] that the performer will-



(i) not perform primary medical services except when acting for, and under the supervision of, the performer's GP Trainer;

(ii) withdraw from the primary medical services performers list if any of the events in paragraph 4 takes place;

(iii) until the coming into force of article 10 of the 2003 Order apply for a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations or a certificate of equivalent experience under regulation 11 of those regulations as soon as the performer is eligible to do so, and provide the Health Board with a copy of any such certificate; and

(iv) after the coming into force of article 10 of the 2003 Order, provide the Health Board with evidence of the performer's inclusion in the GP Register;



(j) that the performer shall consent to a request being made by the Health Board to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, "employer" includes any partnership of which the applicant is or was a member.

     4. The events to which this paragraph applies are-

(a) the conclusion of any period of training prescribed by regulation 6(3) of the Vocational Training Regulations or after the coming into force of articles 4 and 5 of the 2003 Order, any period of general practice training required pursuant to those articles, unless-


(i) it forms part of a vocational training scheme which has not yet been concluded;

(ii) the GP Registrar provides the Health Board with-


(aa) a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations;

(bb) a certificate of equivalent experience under regulation 11 of those Regulations; or

(cc) after the coming into force of article 10 of the 2003 Order, evidence of the applicants inclusion in the GP Register;



(iii) the failure satisfactorily to complete any period of training within the meaning of regulation 9 of the Vocational Training Regulations or after the coming into force of articles 4 and 5 of the 2003 Order, of general practice training within the meaning of those articles; and

(iv) the completion of a vocational training scheme, unless the GP Registrar provides the Health Board with-



(aa) a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations;

(bb) a certificate of equivalent experience under regulation 11 of those regulations; or

(cc) after the coming into force of article 10 of the 2003 Order, evidence of the GP Registrar's inclusion in the GP Register.

[2] S.S.I. 2001/430, as amended by S.S.I. 2002/100 and 2003/130 and 295.back

[3] S.I. 2002/3135.back

[4] S.I. 2003/1250.back

[5] 2004 asp 1.back

[6] 1983 c.54. Section 11(4) was amended by the National Health Service (Primary Care) Act 1997 (c.46), section 35(4) and Schedule 2, Part 1, paragraph 61.back

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

[8] 1983 c.54. Section 1(3) was amended by the Medical (Professional Performance) Act 1995 (c.41), Schedule, paragraph 2 and S.I. 2000/1803.back

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

[10] O.J. No. L 1, 3.1.94, p.1.back

[11] O.J. No. L 1, 3.1.94, p.571.back

[12] Section 29 was substituted by the Health Act 1999 (c.8), section 58(1) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5), schedule 2, paragraph 2(4) and the Primary Medical Services (Scotland) Act 2004 (asp 1), section 5(3).back

[13] 1983 c.54. Paragraph 19E is inserted by article 5(3) of the 2002 Order, with effect from such date as the Secretary of State may specify.back

[14] S.I. 1974/467. Relevant amending instruments are S.I. 1991/900 and S.S.I. 2000/224.back

[15] 1977 c.49.back

[16] S.I. 1978/1907back

[17] S.S.I. 2004/115.back

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

[19] 1983 c.54. Section 15 was amended by the National Health Service (Primary Care) Act 1997 (c.46) ("the 1997 Act"), Schedule 2, Part 1, paragraph 61(4); section 15A was inserted by S.I. 2000/3041. Section 21 was amended by the 1997 Act, Schedule 2, Part 1, paragraph 61(5) and by S.I. 1996/1591 and 2002/3135.back

[20] Section 22 was amended by S.I. 1996/1951 and 2002/3135.back

[21] Section 29B was inserted by the Health Act 1999 (c.8), section 58 (1) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5), schedule 2, paragraph 2(6) and the Primary Medical Services (Scotland) Act 2004 (asp 1), schedule, paragraph 1(15).back

[22] 1968 c.67.back

[23] Section 69 was amended by the Statute Law (Repeals) Act 1993 (c.50) and the Pharmacists (Fitness to Practise) Act 1997 (c.19), Schedule 4, paragraph 5.back

[24] Section 27 was amended by the National Health Service and Community Care Act 1990 (c.19), Schedule 9, the Medicinal Products: Prescription by Nurses etc Act 1992 (c.28) section 3, the National Health Service (Primary Care) Act 1997 (c.46) Schedule 2, paragraph 44, the Health and Social Care Act 2001 (c.15) section 44 and SI 2003/1590.back

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

[26] 1983 c.54. Section 2 was amended by S.I. 1996/11591.back

[27] S.S.I. 2004/116.back

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

[29] S.I. 1998/5 as amended by S.I. 1998/669 and S.S.I. 2000/23.back

[30] 1978 c.29. Section 2C was inserted by the Primary Medical Services (Scotland) Act (asp 1), section 1(2).back

[31] Section 36 was amended by the Medical (Professional Performance) Act 1995 (c.51) ("the 1995 Act"), Schedule, paragraph 5 and by S.I. 2000/1803.back

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

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

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

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

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

[37] S.S.I. 2004/38.back

[38] 1978 c.29. Section 2C was inserted by the Primary Medical Services (Scotland) Act (asp 1), section 1(2).back

[39] 1983 c.54. Section 37 was amended by the Medical (Professional Performance) Act 1995 (c.51) ("the 1995 Act"), Schedule, paragraph 6 and by S.I. 2000/1803; section 41A was inserted by S.I. 2000/1803.back

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

[41] 1995 c.46.back

[42] 1992 c.5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c.47).back

[43] S S.I. 2003/460.back

[44] S.I. 1994/3130. The relevant amending instrument is S.I. 1998/669.back

 

© Crown copyright 2004

Prepared 19 March 2004