Premises
- Ensure premises are suitable and sufficient for patient needs
Scottish Statutory Instrument
2004
United Kingdom
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004
At a glance
What's here
87 compliance obligations
Who this Act binds
Plus 3 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Prescribing
- Ensure prescription forms meet regulatory requirements
Prescribing
- Prescribe only via prescription form and follow signing/urgency rules
Restrictions on prescribing by medical practitioners
- Do not prescribe restricted drugs, medicines or appliances on NHS prescription forms without meeting specified conditions
Excessive prescribing
- Do not prescribe excessive drugs, medicines or appliances
Provision of dispensing services
- Provide dispensing services only when authorised by the Health Board
Provision of drugs, medicines and appliances for immediate treatment or personal administration
- Provide drugs, medicines or appliances for immediate patient treatment
Qualifications of performers
- Only use GMC-registered, non-suspended GPs for NHS primary medical services
Qualifications of performers
- Health care professionals must not perform clinical services unless registered and not suspended
Qualifications of performers
- Ensure healthcare staff comply with any conditions on their registration or listing
Attendance outside practice premises
- Visit patients at home when medically necessary
Qualifications of performers
- Ensure staff performing clinical services have proper training and experience
Conditions for employment and engagement
- Check qualifications and training before employing health care professionals
Conditions for employment and engagement
- Check that any person you employ or engage is suitably qualified and competent
Training
- Ensure training arrangements for healthcare professionals' skills and knowledge
Training
- Provide reasonable training opportunities to maintain employee competence
Arrangements for
- Employ GP registrars only for training with Scottish Ministers' agreement
Independent nurse prescribers and supplementary prescribers
- Notify Health Board when independent nurse prescribers start or stop
Signing of documents
- Ensure clinical documents include the signer's profession and provider name
Clinical reports
- Send clinical reports to the Health Board for non-list patients
Level of skill
- Perform your obligations with reasonable skill and care
Appraisal and assessment
- Ensure your GPs participate in appraisal and cooperate with assessment
Sub-contracting of clinical matters
- Get Health Board approval before subcontracting clinical services
Patient records
- Keep adequate patient records and follow rules for computerised records
Confidentiality of personal data
- Nominate a person responsible for data confidentiality practices
Practice leaflet
- Prepare and maintain a practice leaflet for patients
Provision of information
- Provide information to the Health Board when requested
Inquiries about prescriptions and referrals
- Answer Health Board inquiries about prescriptions and referrals
Reports to a medical officer
- Supply patient clinical information to medical officers when requested
Annual return and review
- Submit annual return and attend performance review with Health Board
Storage of vaccines
- Store vaccines properly and monitor fridge temperatures daily
Notifications to the Health Board
- Notify the Health Board of key incidents and changes
Notifications to the Health Board
- Notify Health Board of changes to published information within 28 days
Notice provisions specific to an agreement with one or more partnerships
- Notify Health Board of partnership changes
Notification of deaths
- Report patient deaths on your practice premises within one working day
Entry and inspection by the Health Board
- Allow Health Board entry and inspection of practice premises
Complaints procedure
- Establish and operate a complaints procedure for patients
Infection control
- Maintain effective infection control and decontamination arrangements
Further requirements for complaints procedures
- Maintain and operate a formal complaints procedure for patient care
Co-operation with investigations
- Co-operate with complaint investigations by the Health Board or Ombudsman
Provision of information about complaints
- Report number of complaints to the Health Board at required intervals
Local resolution of contract disputes
- Attempt local resolution before escalating contract disputes
Determination of dispute
- Comply with adjudicator's directions in dispute resolution
Duty of co-operation in relation to primary medical services
- Cooperate with providers of services you do not offer and inform patients about out-of-hours care
Late payment notices
- Serve a late payment notice before terminating the agreement for non-payment
Termination by the Health Board: remedial notices and breach notices
Other duties (1) — Crown / regulator
- Health Board must follow notice procedure before terminating for breach Local authority
Duty of co-operation in relation to primary medical services
- Provide information requested by Health Board when ceasing services
Clinical governance
- Maintain an effective clinical governance system and nominate a responsible person
Insurance
- Hold adequate clinical negligence insurance and check sub-contractors' cover
Insurance
- Hold adequate public liability insurance
Gifts
- Keep a register of gifts valued over £100
Compliance with legislation and guidance
- Your business must comply with all relevant legislation and official guidance
Patient preference of practitioner
- Inform patients of their right to choose a preferred practitioner
Termination of responsibility for patients not registered with the provider
- Terminate non-registered patient care only in specific circumstances
Essential services
- Provide essential primary medical services during core hours
Temporary residents
- Notify Health Board of temporary residents when their period ends
Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
- Only refuse patient applications on valid, non-discriminatory grounds
Removal from the list at the request of the patient
- Notify Health Board when a patient asks to leave your list
Removal from the list at the request of the provider
- Request removal of patients from your list fairly and in writing
Removal from the list of patients who are violent
- Notify Health Board to remove a violent patient with immediate effect
Essential services
- Provide essential GP services during core hours
Closure of lists of patients
- Notify Health Board if you wish to close your patient list
Approval of closure notice by the Health Board
Other duties (1) — Crown / regulator
- Health Board must notify GP practice of patient list re-opening date before closure period ends Local authority
Rejection of closure notice by the Health Board
Other duties (1) — Crown / regulator
- Health Board must appoint assessment panel and decide within 28 days Local authority
Attendance at practice premises
- Provide essential services to walk-in patients during normal hours
Patients records: supplemental
- Send patient records to Health Board on death or deregistration
Notifications to the Health Board
- Notify your Health Board within 28 days of providing certain essential services to non-patients
Newly registered patients
- Invite newly registered patients to a consultation within 6 months
Patients not seen within 3 years
- Provide consultation to patients not seen in 3 years
Patients aged 75 years and over
- Provide consultation to patients aged 75+ on request within 12 months
Fees and charges for essential services
- Charge a reasonable fee for treating list-claim patients without their medical card
Application for inclusion in a list of patients
- Notify Health Board when accepting a patient onto your list
Additional services generally
- Provide additional services properly with equipment, access and emergency cover
Cervical screening
- Provide cervical screening services and keep accurate records
Contraceptive services
- Make contraceptive services available to patients who request them
Vaccinations and immunisations
- Offer, administer and record non-childhood vaccinations and immunisations
Childhood vaccinations and immunisations
- Offer, administer and record childhood vaccinations and immunisations
Child health surveillance
- Provide child health surveillance services to children under 5
Maternity medical services
- Provide maternity medical services to pregnant patients and new mothers
Minor surgery
- Provide minor surgery procedures and record patient consent
Criteria for out of hours services
- Assess patient need and provide out-of-hours services when waiting is unreasonable
Standards for out of hours services
- Meet NHS quality standards for out-of-hours services
Agreements to provide essential services and out of hours services
- Provide essential services during out-of-hours period
Sub-contracting out of hours service
- Do not sub-contract out-of-hours services without Health Board approval
Browse 72 other Schedules — structural / supplementary
Restrictions on prescribing by supplementary prescribers
Conditions for employment and engagement
Conditions for employment and engagement
Notice provisions specific to agreements with one or more companies limited by shares
Notifications to patients following variation of the agreement
Making a complaint
Making a complaint
Period for making complaints
Dispute resolution: non-NHS contracts
NHS dispute resolution procedure
Interpretation of Part 7
Variation of an agreement: general
Termination by agreement
Termination by the provider
Withdrawal by parties to an agreement other than Health Boards
Termination by the Health Board: general
Termination by the Health Board for the provision of untrue
Other grounds for termination by the Health Board
Other grounds for termination by the Health Board
Termination by the Health Board: additional provisions specific to agreements with one or more companies limited by shares
Termination by the Health Board: changes in the provider
Agreement sanctions
Agreement sanctions and the dispute resolution procedure
Termination and the NHS dispute resolution procedure
Consultation with the area medical committee
Third party rights
Removals from the list of patients registered elsewhere
Removals from list of patients who have moved
Removals from list of patients who have moved
Removals from the list of patients absent from the United Kingdom
Removals from the list of patients accepted elsewhere as temporary residents
Removals from the list of pupils
Assignment of patients to lists: open lists
Assignment of patients to lists: closed lists
Factors relevant to assignments
Assignments to closed lists: determination of the assessment panel
Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
Assignments to closed lists: assignments of patients by a Health Board
List of patients
Review of approval
Immediate withdrawal of approval other than following review
Withdrawal and variation of approval under paragraph 4
Withdrawal and variation of approval under paragraph 4
Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services
Application for approval of an out of hours arrangement
Effect of approval of an arrangement with a transferee out of hours service provider
The name(s) of the provider.
Whether the practice premises have suitable access for all disabled...
Where the provider provides essential services, how to register a...
The right of patients to express a preference of practitioner...
The services available under the agreement.
The opening hours of the practice premises and the method...
The criteria for home visits and the method of obtaining...
Where the provider provides essential services, the consultations available to...
Where the provider provides essential services, the arrangements for services...
If the services in paragraph 17 are not provided by...
The telephone number of NHS 24 and details of the...
In the case where a partnership is a party to...
The method by which patients are to obtain repeat prescriptions....
If the provider is a dispensing provider the arrangements for...
How patients may make a complaint or comment on the...
The rights and responsibilities of the patient, including keeping appointments....
The action that may be taken where a patient is...
Details of who has access to patient information (including information...
The name, address and telephone number of the Health Board...
In the case where a company is a party to...
The full name of each person performing services under the...
In the case of each health care professional performing services...
Whether the provider undertakes the teaching or training of health...
The provider’s practice area, by reference to a sketch diagram,...
The address of each of the practice premises.
The provider’s telephone and fax number and the address of...
Agreements with one or more partnerships
- Automatically bind new partners to your NHS agreement
Fees and charges
- Do not charge patients for NHS treatment or prescriptions except in permitted circumstances
Right to a general medical services contract
- Notify Health Board 3 months before switching to GMS contract
Browse 25 other sections — procedural / definitional / commencement
sch. 6
Citation and commencement
Interpretation
General conditions relating to providers
Reasons
Appeal
Prescribed period under section 17D(3) of
Pre-agreement dispute resolution
Health service body status
Provision of primary medical services
Primary medical services and content of agreements
Essential services and content of agreements
Additional services and content of agreements
Out of hours services and content of agreements
Parties to the agreement
NHS contracts
Arrangements on termination
Services generally
Certificates
Finance
Finance
Functions of area medical committee
Commencement
Out of hours services
Revocation
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