NATIONAL HEALTH SERVICE Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2005 and shall come into force on 1st July 2005. 2 In these Regulations– “the principal Regulations ” means the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 ; and “ the Act ” means the National Health Service (Scotland) Act 1978. Amendment of regulation 2 of the principal Regulations 2 1 Regulation 2 (interpretation) of the principal Regulations is amended as follows. 2 In the definition of “general medical practitioner”– a in sub-paragraph (a), omit “otherwise than by virtue of paragraph 1(d) of Schedule 6 to that Order”; b in sub-paragraph (b)(i) before “; or” insert “or a person who has an acquired right to practise as a general medical practitioner pursuant to regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 ”; and c in sub-paragraph (b)(ii) omit “other than by virtue of having an acquired right under paragraph 1(d) of Schedule 6 to the 2003 Order”. 3 For the definition of “ GP Registrar”, substitute– “GP Registrar” means a medical practitioner who is being trained in general practice by– until the coming into force for all purposes of article 4(5)(d) of the 2003 Order, a general medical practitioner who– has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 ; and performs primary medical services; and from the coming into force for all purposes of that article, a general medical practitioner who is approved under that article for the purpose of providing training under article 5(1)(c)(i) of the 2003 Order, whether as part of training leading to the award of a CCT or otherwise; . 4 Omit the definition of “GP Trainer”. 5 In the definition of “supplementary prescriber”– i in sub-paragraph (b)(ii) omit “or”; and ii at the end of sub-paragraph (b)(iii) for “and” in the second place where it occurs substitute– or iv the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to– aa chiropodists and podiatrists; bb physiotherapists; or cc radiographers: diagnostic or therapeutic, and . Amendment of Schedule 1 to the principal Regulations 3 1 Schedule 1 (content of agreements) to the principal Regulations is amended as follows. 2 After paragraph 1 (premises), insert– Telephone services 1A 1 The provider shall not be a party to any contract or other arrangement under which the number for telephone services to be used– a by patients to contact the practice for any purpose related to the agreement; or b by any other person to contact the practice in relation to services provided as part of the health service, starts with the digits 087, 090 or 091 or consists of a personal number, unless the service is provided free to the caller. 2 In this paragraph, “personal number” means a telephone number which starts with the number 070 followed by a further 8 digits. . 3 In paragraph 13 (restrictions on prescribing by supplementary prescribers) omit sub paragraphs (2)(b), (4)(c) and (f) and (6). 4 In paragraph 17(2) (qualifications of performers)– a for paragraph (c) substitute– c a GP Registrar who has applied to the Health Board to have the GP Registrar’s name included in the primary medical services performers list of the Health Board, until the first of the following events arises:– i the Health Board notifies the GP Registrar of the Board’s decision on that application; ii the end of a period of 2 months, starting with the date on which the GP Registrar’s vocational training scheme begins. ; and b at the end insert– 3 In this paragraph, “vocational training scheme” has the meaning given in regulation 2 (interpretation) of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 . . 5 In paragraph 27 (arrangements for GP registrars) in sub-paragraph (1) omit “for the purpose of being trained by a GP Trainer with the agreement of the Scottish Ministers and”. 6 In paragraph 36 (provision of information), at the end insert– 3 The provider shall produce the information requested, or as the case may be, allow access to it– a by such date as has been agreed as reasonable between the provider and the Health Board; or b in the absence of such agreement, within 28 days of the request being made. . 7 In paragraph 39 (annual return and review)– a after sub-paragraph (1), insert– 1A One such return may be requested by the Health Board at any time during each financial year in relation to such period (not including any period covered by a previous annual return) as may be specified in the request. 1B The provider shall submit the completed return to the Health Board– a by such date as has been agreed as reasonable between the provider and the Health Board; or b in the absence of such agreement, within 28 days of the request being made. ; and b at the end insert– 6 In this paragraph, “financial year” means the twelve months ending with 31st March. . 8 In paragraph 42 (notice provisions specific to agreements with one or more companies limited by shares) – a after sub-paragraph (1)(a) insert– aa a new director or secretary is appointed; ; and b after sub-paragraph (2) insert– 3 A notice under sub-paragraph (1)(aa) shall confirm that the new director or, as the case may be, secretary meets the conditions imposed on directors and secretaries by virtue of regulation 3. . 9 In paragraph 56(6) ( NHS dispute resolution procedure) at the end insert “under dispute”. 10 In paragraph 65 (termination by the Health Board for the provision of untrue etc. information) for “before the agreement” to the end substitute– – a before the agreement was entered into; or b pursuant to paragraphs 42(2) or (3) or 43(2), in relation to the conditions set out in regulation 3 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect. . 11 In paragraph 73 (termination of the NHS dispute resolution procedure)– a in sub-paragraph (1) for “or 68(4) or (6)” substitute “, 68(4) or (6), 69 or 70” ; and b in sub-paragraph (5) for “impose the agreement sanction” substitute “terminate the agreement”. 12 In paragraph 76(3)(b) (insurance) for “an employee of that provider in connection with clinical services which that employee” substitute “a person employed or engaged by that provider in connection with clinical services which that person”. Amendment of Schedule 2 to the principal Regulations 4 In paragraph 23 (rejection of closure notice by the Health Board) of Schedule 2 (agreements to provide essential services) to the principal Regulations, after sub-paragraph (7) insert– 7A Subject to sub-paragraph (7B), the provider’s list of patients shall remain closed for the period specified by the assessment panel in accordance with sub-paragraph (7)(b). 7B The provider’s list of patients shall re-open before the expiry of the period mentioned in sub-paragraph (7A) 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. 7C If the provider’s list of patients has re-opened pursuant to sub-paragraph (7B)(a), it shall 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. 7D Except in cases where the provider’s list of patients is already open pursuant to paragraph (7B), the Health Board shall notify the provider in writing between seven and fourteen days before the expiry of the closure period specified in paragraph (7A), confirming the date on which the provider’s list of patients will re-open. . Amendment of Schedule 3 to the principal Regulations 5 In paragraph 4(2)(a) (vaccinations and immunisations) of Schedule 3 (agreements to provide additional services) to the principal Regulations, for “influenza vaccination” substitute “influenza and pneumococcal vaccinations”. Amendment of Schedule 4 to the principal Regulations 6 For paragraph 6(2) (withdrawal and variation of approval under paragraph 4) of Schedule 4 (agreements to provide out of hours services) to the principal Regulations substitute– 2 A notice served under sub-paragraph (1) shall take effect on the date on which it is received by the provider. . Transitional arrangements in relation to telephone services 7 1 Where– a pursuant to paragraph 59 of Schedule 1 to the principal Regulations, an agreement under section 17C of the Act (“a section 17C agreement”) has been varied to include a term which gives effect to paragraph 1A of Schedule 1 to the principal Regulations (as inserted by regulation 3(2) of these Regulations); and b as a result of that variation, a provider is, by virtue of a contract or other arrangements for the provision of telephone services which it entered into before the date on which that variation took effect, in breach of the provider’s section 17C agreement, no action shall be taken against the provider by the Health Board in respect of that breach, provided the provider complies with the conditions specified in paragraph (2). 2 The conditions referred to in paragraph (1) are that the provider– a provides such details of the contract or other arrangement for telephone services as the Health Board may request, within the time specified by the Health Board in that request; and b varies or terminates that contract or other arrangement when required to do so by the Health Board, where the Health Board is acting in accordance with directions from the Scottish Ministers under section 2(5) of the Act . ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 8th June 2005