Scottish Statutory Instrument SI 2004/116 United Kingdom

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person42 Employer26 Contractor13 Occupier1 Trader1 Self-Employed Person1

Plus 3 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Contractor — also bound by 173 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Self-Employed Person — also bound by 80 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.016 Agreements with one or more partnerships Regulated
  • Automatically bind new partners to your NHS agreementContractor
s.022 Fees and charges Regulated
  • Do not charge patients for NHS treatment or prescriptions except in permitted circumstancesAny Person
s.024 Right to a general medical services contract Regulated
  • Notify Health Board 3 months before switching to GMS contractContractor
25 other provisions — procedural and definitional
sch. 6 sch. 6
s.001 Citation and commencement
s.002 Interpretation
s.003 General conditions relating to providers
s.004 Reasons
s.005 Appeal
s.006 Prescribed period under section 17D(3) of
s.007 Pre-agreement dispute resolution
s.008 Health service body status
s.009 Provision of primary medical services
s.010 Primary medical services and content of agreements
s.011 Essential services and content of agreements
s.012 Additional services and content of agreements
s.013 Out of hours services and content of agreements
s.014 Parties to the agreement
s.015 NHS contracts
s.017 Arrangements on termination
s.018 Services generally
s.019 Certificates
s.020 Finance
s.021 Finance
s.023 Functions of area medical committee
s.025 Commencement
s.026 Out of hours services
s.027 Revocation
Schedules

Schedules

84 of 156 shown
s.sch001 Premises Regulated
  • Ensure premises are suitable and sufficient for patient needsContractor
s.sch001 Prescribing Regulated
  • Ensure prescription forms meet regulatory requirementsEmployer
s.sch001 Prescribing Regulated
  • Prescribe only via prescription form and follow signing/urgency rulesAny Person
s.sch001 Restrictions on prescribing by medical practitioners Regulated
  • Do not prescribe restricted drugs, medicines or appliances on NHS prescription forms without meeting specified conditionsSelf-Employed Person
s.sch001 Excessive prescribing Regulated
  • Do not prescribe excessive drugs, medicines or appliancesAny Person
s.sch001 Provision of dispensing services Regulated
  • Provide dispensing services only when authorised by the Health BoardAny Person
s.sch001 Provision of drugs, medicines and appliances for immediate treatment or personal administration Regulated
  • Provide drugs, medicines or appliances for immediate patient treatmentAny Person
s.sch001 Qualifications of performers Regulated
  • Only use GMC-registered, non-suspended GPs for NHS primary medical servicesAny Person
s.sch001 Qualifications of performers Regulated
  • Health care professionals must not perform clinical services unless registered and not suspendedAny Person
s.sch001 Qualifications of performers Regulated
  • Ensure healthcare staff comply with any conditions on their registration or listingEmployer
s.sch001 Attendance outside practice premises Regulated
  • Visit patients at home when medically necessaryAny Person
s.sch001 Qualifications of performers Regulated
  • Ensure staff performing clinical services have proper training and experienceEmployer
s.sch001 Conditions for employment and engagement Regulated
  • Check qualifications and training before employing health care professionalsEmployer
s.sch001 Conditions for employment and engagement Regulated
  • Check that any person you employ or engage is suitably qualified and competentEmployer
s.sch001 Training Regulated
  • Ensure training arrangements for healthcare professionals' skills and knowledgeEmployer
s.sch001 Training Regulated
  • Provide reasonable training opportunities to maintain employee competenceEmployer
s.sch001 Arrangements for Regulated
  • Employ GP registrars only for training with Scottish Ministers' agreementEmployer
s.sch001 Independent nurse prescribers and supplementary prescribers Regulated
  • Notify Health Board when independent nurse prescribers start or stopEmployer
s.sch001 Signing of documents Regulated
  • Ensure clinical documents include the signer's profession and provider nameEmployer
s.sch001 Clinical reports Regulated
  • Send clinical reports to the Health Board for non-list patientsAny Person
s.sch001 Level of skill Regulated
  • Perform your obligations with reasonable skill and careAny Person
s.sch001 Appraisal and assessment Regulated
  • Ensure your GPs participate in appraisal and cooperate with assessmentEmployer
s.sch001 Sub-contracting of clinical matters Regulated
  • Get Health Board approval before subcontracting clinical servicesEmployer
s.sch001 Patient records Regulated
  • Keep adequate patient records and follow rules for computerised recordsEmployer
s.sch001 Confidentiality of personal data Regulated
  • Nominate a person responsible for data confidentiality practicesEmployer
s.sch001 Practice leaflet Regulated
  • Prepare and maintain a practice leaflet for patientsAny Person
s.sch001 Provision of information Regulated
  • Provide information to the Health Board when requestedContractor
s.sch001 Inquiries about prescriptions and referrals Regulated
  • Answer Health Board inquiries about prescriptions and referralsAny Person
s.sch001 Reports to a medical officer Regulated
  • Supply patient clinical information to medical officers when requestedAny Person
s.sch001 Annual return and review Regulated
  • Submit annual return and attend performance review with Health BoardContractor
s.sch001 Storage of vaccines Regulated
  • Store vaccines properly and monitor fridge temperatures dailyEmployer
s.sch001 Notifications to the Health Board Regulated
  • Notify the Health Board of key incidents and changesAny Person
s.sch001 Notifications to the Health Board Regulated
  • Notify Health Board of changes to published information within 28 daysAny Person
s.sch001 Notice provisions specific to an agreement with one or more partnerships Regulated
  • Notify Health Board of partnership changesAny Person
s.sch001 Notification of deaths Regulated
  • Report patient deaths on your practice premises within one working dayEmployer
s.sch001 Entry and inspection by the Health Board Regulated
  • Allow Health Board entry and inspection of practice premisesOccupier
s.sch001 Complaints procedure Regulated
  • Establish and operate a complaints procedure for patientsContractor
s.sch001 Infection control Regulated
  • Maintain effective infection control and decontamination arrangementsEmployer
s.sch001 Further requirements for complaints procedures Regulated
  • Maintain and operate a formal complaints procedure for patient careEmployer
s.sch001 Co-operation with investigations Regulated
  • Co-operate with complaint investigations by the Health Board or OmbudsmanContractor
s.sch001 Provision of information about complaints Regulated
  • Report number of complaints to the Health Board at required intervalsAny Person
s.sch001 Local resolution of contract disputes Regulated
  • Attempt local resolution before escalating contract disputesAny Person
s.sch001 Determination of dispute Regulated
  • Comply with adjudicator's directions in dispute resolutionAny Person
s.sch001 Duty of co-operation in relation to primary medical services Regulated
  • Cooperate with providers of services you do not offer and inform patients about out-of-hours careAny Person
s.sch001 Late payment notices Regulated
  • Serve a late payment notice before terminating the agreement for non-paymentAny Person
s.sch001 Termination by the Health Board: remedial notices and breach notices Regulated
Other duties (1) — Crown / regulator
  • Health Board must follow notice procedure before terminating for breachLocal authority
s.sch001 Duty of co-operation in relation to primary medical services Regulated
  • Provide information requested by Health Board when ceasing servicesAny Person
s.sch001 Clinical governance Regulated
  • Maintain an effective clinical governance system and nominate a responsible personAny Person
s.sch001 Insurance Regulated
  • Hold adequate clinical negligence insurance and check sub-contractors' coverContractor
s.sch001 Insurance Regulated
  • Hold adequate public liability insuranceAny Person
s.sch001 Gifts Regulated
  • Keep a register of gifts valued over £100Employer
s.sch001 Compliance with legislation and guidance Regulated
  • Your business must comply with all relevant legislation and official guidanceAny Person
s.sch001 Patient preference of practitioner Regulated
  • Inform patients of their right to choose a preferred practitionerAny Person
s.sch001 Termination of responsibility for patients not registered with the provider Regulated
  • Terminate non-registered patient care only in specific circumstancesContractor
s.sch002 Essential services Regulated
  • Provide essential primary medical services during core hoursAny Person
s.sch002 Temporary residents Regulated
  • Notify Health Board of temporary residents when their period endsAny Person
s.sch002 Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident Regulated
  • Only refuse patient applications on valid, non-discriminatory groundsEmployer
s.sch002 Removal from the list at the request of the patient Regulated
  • Notify Health Board when a patient asks to leave your listAny Person
s.sch002 Removal from the list at the request of the provider Regulated
  • Request removal of patients from your list fairly and in writingAny Person
s.sch002 Removal from the list of patients who are violent Regulated
  • Notify Health Board to remove a violent patient with immediate effectTrader
s.sch002 Essential services Regulated
  • Provide essential GP services during core hoursEmployer
s.sch002 Closure of lists of patients Regulated
  • Notify Health Board if you wish to close your patient listEmployer
s.sch002 Approval of closure notice by the Health Board Regulated
Other duties (1) — Crown / regulator
  • Health Board must notify GP practice of patient list re-opening date before closure period endsLocal authority
s.sch002 Rejection of closure notice by the Health Board Regulated
Other duties (1) — Crown / regulator
  • Health Board must appoint assessment panel and decide within 28 daysLocal authority
s.sch002 Attendance at practice premises Regulated
  • Provide essential services to walk-in patients during normal hoursAny Person
s.sch002 Patients records: supplemental Regulated
  • Send patient records to Health Board on death or deregistrationAny Person
s.sch002 Notifications to the Health Board Regulated
  • Notify your Health Board within 28 days of providing certain essential services to non-patientsContractor
s.sch002 Newly registered patients Regulated
  • Invite newly registered patients to a consultation within 6 monthsAny Person
s.sch002 Patients not seen within 3 years Regulated
  • Provide consultation to patients not seen in 3 yearsAny Person
s.sch002 Patients aged 75 years and over Regulated
  • Provide consultation to patients aged 75+ on request within 12 monthsAny Person
s.sch002 Fees and charges for essential services Regulated
  • Charge a reasonable fee for treating list-claim patients without their medical cardContractor
s.sch002 Application for inclusion in a list of patients Regulated
  • Notify Health Board when accepting a patient onto your listAny Person
s.sch003 Additional services generally Regulated
  • Provide additional services properly with equipment, access and emergency coverEmployer
s.sch003 Cervical screening Regulated
  • Provide cervical screening services and keep accurate recordsEmployer
s.sch003 Contraceptive services Regulated
  • Make contraceptive services available to patients who request themAny Person
s.sch003 Vaccinations and immunisations Regulated
  • Offer, administer and record non-childhood vaccinations and immunisationsEmployer
s.sch003 Childhood vaccinations and immunisations Regulated
  • Offer, administer and record childhood vaccinations and immunisationsAny Person
s.sch003 Child health surveillance Regulated
  • Provide child health surveillance services to children under 5Any Person
s.sch003 Maternity medical services Regulated
  • Provide maternity medical services to pregnant patients and new mothersAny Person
s.sch003 Minor surgery Regulated
  • Provide minor surgery procedures and record patient consentAny Person
s.sch004 Criteria for out of hours services Regulated
  • Assess patient need and provide out-of-hours services when waiting is unreasonableAny Person
s.sch004 Standards for out of hours services Regulated
  • Meet NHS quality standards for out-of-hours servicesContractor
s.sch004 Agreements to provide essential services and out of hours services Regulated
  • Provide essential services during out-of-hours periodContractor
s.sch004 Sub-contracting out of hours service Regulated
  • Do not sub-contract out-of-hours services without Health Board approvalEmployer
72 other schedules
s.sch001 Restrictions on prescribing by supplementary prescribers
s.sch001 Conditions for employment and engagement
s.sch001 Conditions for employment and engagement
s.sch001 Notice provisions specific to agreements with one or more companies limited by shares
s.sch001 Notifications to patients following variation of the agreement
s.sch001 Making a complaint
s.sch001 Making a complaint
s.sch001 Period for making complaints
s.sch001 Dispute resolution: non-NHS contracts
s.sch001 NHS dispute resolution procedure
s.sch001 Interpretation of Part 7
s.sch001 Variation of an agreement: general
s.sch001 Termination by agreement
s.sch001 Termination by the provider
s.sch001 Withdrawal by parties to an agreement other than Health Boards
s.sch001 Termination by the Health Board: general
s.sch001 Termination by the Health Board for the provision of untrue
s.sch001 Other grounds for termination by the Health Board
s.sch001 Other grounds for termination by the Health Board
s.sch001 Termination by the Health Board: additional provisions specific to agreements with one or more companies limited by shares
s.sch001 Termination by the Health Board: changes in the provider
s.sch001 Agreement sanctions
s.sch001 Agreement sanctions and the dispute resolution procedure
s.sch001 Termination and the NHS dispute resolution procedure
s.sch001 Consultation with the area medical committee
s.sch001 Third party rights
s.sch002 Removals from the list of patients registered elsewhere
s.sch002 Removals from list of patients who have moved
s.sch002 Removals from list of patients who have moved
s.sch002 Removals from the list of patients absent from the United Kingdom
s.sch002 Removals from the list of patients accepted elsewhere as temporary residents
s.sch002 Removals from the list of pupils
s.sch002 Assignment of patients to lists: open lists
s.sch002 Assignment of patients to lists: closed lists
s.sch002 Factors relevant to assignments
s.sch002 Assignments to closed lists: determination of the assessment panel
s.sch002 Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
s.sch002 Assignments to closed lists: assignments of patients by a Health Board
s.sch002 List of patients
s.sch004 Review of approval
s.sch004 Immediate withdrawal of approval other than following review
s.sch004 Withdrawal and variation of approval under paragraph 4
s.sch004 Withdrawal and variation of approval under paragraph 4
s.sch004 Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services
s.sch004 Application for approval of an out of hours arrangement
s.sch004 Effect of approval of an arrangement with a transferee out of hours service provider
s.sch006 The name(s) of the provider.
s.sch006 Whether the practice premises have suitable access for all disabled...
s.sch006 Where the provider provides essential services, how to register a...
s.sch006 The right of patients to express a preference of practitioner...
s.sch006 The services available under the agreement.
s.sch006 The opening hours of the practice premises and the method...
s.sch006 The criteria for home visits and the method of obtaining...
s.sch006 Where the provider provides essential services, the consultations available to...
s.sch006 Where the provider provides essential services, the arrangements for services...
s.sch006 If the services in paragraph 17 are not provided by...
s.sch006 The telephone number of NHS 24 and details of the...
s.sch006 In the case where a partnership is a party to...
s.sch006 The method by which patients are to obtain repeat prescriptions....
s.sch006 If the provider is a dispensing provider the arrangements for...
s.sch006 How patients may make a complaint or comment on the...
s.sch006 The rights and responsibilities of the patient, including keeping appointments....
s.sch006 The action that may be taken where a patient is...
s.sch006 Details of who has access to patient information (including information...
s.sch006 The name, address and telephone number of the Health Board...
s.sch006 In the case where a company is a party to...
s.sch006 The full name of each person performing services under the...
s.sch006 In the case of each health care professional performing services...
s.sch006 Whether the provider undertakes the teaching or training of health...
s.sch006 The provider’s practice area, by reference to a sketch diagram,...
s.sch006 The address of each of the practice premises.
s.sch006 The provider’s telephone and fax number and the address of...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.