NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2006 and shall come into force on 1st April 2006. Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 2 1 The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 are amended in accordance with paragraphs (2) to (10). 2 In regulation 2 (interpretation)– a insert after the definition of “conditional disqualification”– “corresponding decision” has the same meaning as in section 32D of the Act ; b in the definition of “disqualification” omit “local or national”; c omit the definition of “local or national disqualification”; d insert the following definition after the definition of “suspended”:– “third condition for disqualification” has the meaning indicated in section 29(7A) of the Act . 3 In regulation 7(2)(a) omit “or 31(1)”. 4 In regulation 7(2)(b)– a insert “or” before “32B”; and b omit “or 32D”. 5 In regulation 7(2)(c) for “regulation 26(1) (practitioners subject to inquiry in a fraud case) ”, substitute “regulation 26 (practitioners subject to inquiry)”. 6 In regulation 7(4), for “the second” substitute “a”. 7 In regulation 7(4)(a), (b) and (c), for “the first condition for disqualification (if the applicant were included in the list), or the second”, substitute “a”. 8 After regulation 7 insert– Effect to be given to corresponding decisions in England, Wales and Northern Ireland 7A 1 A Health Board shall not include the name of any person in its primary medical services performers list, and shall remove the name of any person from its primary medical services performers list, if any decision has been made in England, Wales or Northern Ireland to deal with that person in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under section 29B(2) , 30(2) or (5) or 32B(1) of the Act, for so long as that decision is in force. 2 Where any corresponding decision is made in England, Wales or Northern Ireland by an equivalent body that– a a person is to be included in an equivalent list subject to conditions; or b a person is to be removed from an equivalent list contingent on conditions; or c a person is to be disqualified from an equivalent list subject to conditions; or d any conditions so imposed are varied, a Health Board shall impose those conditions in relation to the performance, by that person of primary medical services in the area of the Health Board. 3 The Health Board may make such modifications of the conditions referred to in paragraph (2) as it considers necessary for them to have the like effect in relation to Scotland as they do in relation to England, Wales or (as the case may be) Northern Ireland, but only if the Health Board has previously given the person concerned written notice of the proposed modifications and an opportunity to make representations about them. . 9 In regulation 9(2)(a) omit “or 31(1)”. 10 In regulation 9(2)(b)– a insert “or” before “32B”; and b omit “or 32D”. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th March 2006