Additional services generally
- Provide necessary facilities and equipment for each additional service
Scottish Statutory Instrument
2018
United Kingdom
The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018
At a glance
What's here
98 compliance obligations
Who this Act binds
Plus 6 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
Cervical screening
- Provide cervical screening services and maintain accurate records
Contraceptive services
- Provide contraceptive services to patients on request
Child health surveillance
- Provide child health surveillance services and keep records for under-5s
Maternity medical services
- Provide maternity medical services to pregnant patients, new mothers and babies
Permanent opt outs
Other duties (1) — Crown / regulator
- Health Board must decide on permanent opt-out notice within 28 days Local authority
Informing patients of opt-outs
- Inform patients about opt-outs when Health Board requests
Requirement to provide vaccination services
Other duties (1) — Crown / regulator
- Health Board may require vaccination service provision in remote areas Local authority
Conditions which apply to all vaccination services
- Provide necessary facilities and equipment for vaccination services
Vaccinations and immunisations
- Offer and administer adult vaccinations and immunisations
Childhood vaccinations and immunisations
- Provide childhood vaccinations and immunisations as required
Supplementary vaccinations and immunisations
- Provide supplementary vaccinations when required by Health Board
The contractor must ensure that it meets minimum standards for...
- Meet minimum premises standards for safety, access and hygiene
Premises
- Ensure premises are suitable and sufficient for patient needs
Duty of co-operation in relation to additional , enhanced services and vaccination services
- Provide information when stopping a service
Termination by the Health Board: remedial notices and breach notices
Other duties (1) — Crown / regulator
- Health Board must issue remedial or breach notices before terminating a contract Local authority
Contract sanctions and the dispute resolution procedure
Other duties (1) — Crown / regulator
- Health Board must wait for dispute process before imposing contract sanctions Statutory regulator
Duty to co-operate with Health Board support for contractors
- Cooperate with Health Board and provide emergency care to patients
Clinical governance
- Implement a clinical governance system and appoint a clinical governance lead
Medical Indemnity Insurance
- Maintain appropriate medical indemnity insurance
Public Liability Insurance
- Hold adequate public liability insurance
Gifts
- Keep a register of significant gifts from patients and suppliers
Duty of candour
- Have duty of candour arrangements in place
Compliance with legislation and guidance
- Comply with all relevant legislation and follow health board guidance
Application for inclusion in a list of patients
- Notify Health Board when accepting a new patient onto your list
Duty to participate in quality arrangements
- Meaningfully participate in quality arrangements and nominate a Practice Quality Lead
Quality arrangements
- Comply with quality arrangements for your GP practice
Temporary residents
- Notify Health Board about temporary residents at end of stay
Refusal of application for inclusion in the list of patients or for acceptance as a temporary resident
- Your grounds for refusing a patient application
Patient preference of practitioner
- Inform patients of preference rights and record their choices
Removal from the list at the request of the patient
- Notify the Health Board when a patient asks to be removed from your list
Removal from the list at the request of the contractor
- Remove a patient from your list properly
Removal from the list of patients who are violent
- Remove violent patients from your list with immediate effect
Telephone services
- Do not use 087, 09 or 070 numbers for patient contact unless free
Termination of responsibility for patients not registered with the contractor
- Terminate responsibility for non-registered patients only in permitted circumstances with notice and records
Closure of lists of patients
- Follow process to close patient list
Approval of closure notice by the Health Board
- Close and manage patient list when Health Board approves closure
Rejection of closure notice by the Health Board
Other duties (1) — Crown / regulator
- Health Board must appoint assessment panel when rejecting GP list closure Crown / Minister / Government department
Attendance at practice premises
- Offer same-day or appropriate follow-up appointments to walk-in patients
Rejection of a practice area variation request
Other duties (1) — Crown / regulator
- Health Board must appoint assessment panel and obtain timely determination on practice area rejection Crown / Minister / Government department
Prescribing
- Prescribe medicines and appliances using correct prescription forms
Restrictions on prescribing by medical practitioners
- Do not prescribe restricted drugs on NHS prescription unless conditions met
Restrictions on prescribing by supplementary prescribers
- Ensure supplementary prescribers comply with prescribing restrictions
Excessive prescribing
- Do not prescribe drugs, medicines or appliances beyond what is reasonably necessary
Provision of dispensing services
- Only provide dispensing services if authorised by the Health Board
Qualifications of performers
- Perform medical services only if listed and not suspended
Qualifications of performers
- Ensure healthcare professionals comply with registration conditions
Qualifications of performers
- Ensure you have necessary clinical experience and training before performing services
Newly registered patients
- Invite newly registered patients for a health check within 6 months
Conditions for employment and engagement
- Check medical practitioners are on the performers list before hiring
Conditions for employment and engagement
- Check healthcare professionals' qualifications before employing them
Conditions for employment and engagement
- Check clinical references before hiring healthcare professionals
Conditions for employment and engagement
- Check qualifications and competence before hiring staff
Training
- You must arrange ongoing training for healthcare professionals
Training
- Provide reasonable training opportunities to maintain employee competence
Arrangements for GP Registrars
- Comply with conditions when employing a GP Registrar
Independent prescribers and supplementary prescribers
- Notify Health Board when prescribing staff join or leave
Signing of documents
- Include clinician's profession and contractor name on clinical documents
Clinical reports
- Provide clinical report to Health Board for non-registered patients
Level of skill
- Carry out contractual duties with reasonable skill and care
Appraisal and assessment
- Ensure your medical practitioners attend appraisals and cooperate with performance assessments
Sub‑contracting of clinical matters
- Notify Health Board before subcontracting clinical services
Roles, responsibilities and obligations – general
- Comply with Scottish Ministers' data processing guidance and include joint controllership terms in your GMS contract
Contractor’s obligations – records etc.
- Manage patient records, data security and training
Records
- Keep adequate patient records and follow electronic record rules
Processing and access of data
- Provide patient data and practice information to Health Board on request
Storage of vaccines
- Store vaccines in pharmaceutical refrigerator with daily temperature checks
Data protection officer
- Appoint a data protection officer jointly with the Health Board, or nominate your own data liaison
GP IT Services
- Follow Health Board IT guidance and return equipment when contract ends
Patient online appointment services
- Provide online appointment, prescription and prescription info services
Confidentiality of personal data
- Appoint a person responsible for data protection and confidentiality
Practice leaflet
- Create and maintain a practice leaflet for patients
Practice websites
- Publish and maintain a practice website with specified information and online appointments
Inquiries about prescriptions and referrals
- Answer Health Board inquiries about prescriptions and referrals
Annual return and review
- Submit annual return and participate in annual review
Notifications to the Health Board
- Notify the Health Board of serious incidents and key changes
Notifications to the Health Board
- Notify the Health Board of any change to published contractor information
Anaphylaxis training
- Train your medical staff in anaphylaxis recognition and treatment
Infection control
- Maintain infection control and decontamination arrangements
Notifications to the Health Board
- Notify the Health Board when you provide essential services to non-patients
Notice provisions specific to a contract with a company
- Notify Health Board of company changes (shareholders, directors, insolvency)
Notice provisions specific to a contract with persons practising in partnership
- Notify Health Board when a partner leaves or joins
Notice provisions specific to a contract with persons practising in a limited liability partnership
- Notify Health Board of LLP membership changes without delay
Notification of deaths
- Report patient deaths on premises to Health Board within one working day
Entry and inspection by the Health Board
- Allow Health Board access for practice premises inspection
Complaints procedure
- Have a complaints procedure that meets patient rights requirements
Co-operation with investigations
- Co-operate with investigations into complaints
Local resolution of contract disputes: local dispute resolution process
- Use local dispute resolution process before formal action
Duty of co-operation in relation to additional , enhanced services and vaccination services
- Cooperate with providers of services you don't offer to your patients
Late payment notices
- You can terminate the contract for late payment after notice
Browse 93 other Schedules — structural / supplementary
Vaccinations and immunisations
Childhood vaccinations and immunisations
Opt outs of additional services: general
Temporary opt outs and permanent opt outs following temporary opt outs
(1) The Health Board must provide the contractor with support...
(1) The Health Board must provide the contractor with support...
The contractor may demand or accept a fee or other...
Termination by the Health Board: general
Termination by the Health Board for breach of conditions in regulation 10
Termination by the Health Board for breach of conditions in relation to provision of information about compliance with regulations 5, 6, 7, 10 and 11
Other grounds for termination by the Health Board
Other grounds for termination by the Health Board
Termination by the Health Board for unlawful sub-contracting
Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares
Contract sanctions
List of patients
Termination and the NHS dispute resolution procedure
Consultation with the area medical committee
Where the contractor changes from being an individual to a partnership
Where the contractor changes from being a partnership to an individual
Third party rights
Removals from the list of patients registered elsewhere
Removals from the list of patients who have moved
Removals from the list of patients who have moved
Removals from the list of patients absent from the United Kingdom etc.
Removals from the list of patients accepted elsewhere as temporary residents
Removals from the list of pupils etc. of a school
Assignment of patients to lists: open lists
Assignment of patients to lists: closed lists
Factors relevant to assignments
Assignments to closed lists: determinations 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
Assignments of patients to lists at request of contractor
Application for variation of a practice area
Prescribing
Attendance outside practice premises
Interpretation of paragraphs 38 to 41
Provision of drugs, medicines and appliances for immediate treatment or personal administration
Qualifications of performers
Terms and conditions
Interpretation – general
Meaning of controller etc.
Health Board Obligations – records etc.
Provision of information to a medical officer etc.
Notifications to patients following variation of the contract
Dispute resolution: non-NHS contracts
NHS dispute resolution procedure
Determination of dispute
Interpretation of Part 7
Variation of a contract: general
Variation of a contract: execution
Termination by agreement
Termination on the death of an individual medical practitioner
Termination by the contractor
The name of the contractor.
The contractor’s telephone number and the address of the contractor’s...
Where the contractor offers its registered patients an online service...
Whether the practice premises have suitable access for all disabled...
How to register as a patient.
The right of patients to express a preference of practitioner...
The services available under the contract.
The opening hours of the practice premises and the method...
The criteria for home visits and the method of obtaining...
(1) Details of— (a) the out of hours period as...
If the services in paragraph 18 are not provided by...
The details of the arrangements for the delivery of vaccinations...
In the case of a contract with a partnership—
The telephone number of NHS 24 and details of the...
The method by which patients are to obtain repeat prescriptions....
If the contractor is a dispensing contractor 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 of a contract with a company—
In the case of a contract with a limited liability...
The full name of each person performing services under the...
In the case of each health care professional performing services...
Whether the contractor undertakes the teaching or training of health...
The contractor’s practice area, by reference to a map, plan...
The address of each of the practice premises.
The National Health Service (Scotland) (Injury Benefits) Regulations 1998
National Health Service Pension Scheme (Scotland) Regulations 2015
The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004
The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004
The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
The National Health Service Superannuation Scheme (Scotland) Regulations 2011
The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014
Conditions relating solely to medical practitioners
- Meet composition requirements for NHS General Medical Services contracts
Continuing conditions relating to contracts – sufficient involvement in patient care
- Ensure key persons have sufficient involvement in patient care
Contracts with a partnership
- Ensure new partners are automatically bound by your GMS contract
Essential services
- Provide essential primary medical services to patients
Additional obligations in relation to practice premises
- Comply with Schedule 3 obligations while receiving practice premises financial assistance
Fees and charges
- Do not charge patients for NHS treatment except in allowed circumstances
Out of hours
- Continue providing out-of-hours services and inform patients if requested
Transitional arrangements for vaccination and immunisation services
- Continue providing vaccination services if Health Board gives notice
Browse 30 other sections — procedural / definitional / commencement
Citation and commencement
Application
Interpretation
Conditions: general
General conditions relating to all contracts
Further conditions relating to all contracts
Reasons
Appeal
Continuing conditions relating to contracts
Pre-contract disputes
Health service body status
Parties to the contract
NHS contracts
Duration
Health Board support for contractors
Additional services
Opt outs of additional services
Requirement to provide vaccination services
Services generally
Services generally
Services generally
Certificates
Finance
Finance
Arrangements on termination
Other contractual terms
Implied contract terms
Functions of area medical committee
Revocations
Consequential amendments
Explore more
Browse legislation
Find other UK business legislation with related guidance.