Scottish Statutory Instrument SI 2018/66 United Kingdom

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

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.

Contractor89 Any Person4 Trader1

Plus 6 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.

Contractor — also bound by 173 other Acts
Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

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.005 Conditions relating solely to medical practitioners Regulated
  • Meet composition requirements for NHS General Medical Services contractsTrader
s.011 Continuing conditions relating to contracts – sufficient involvement in patient care Regulated
  • Ensure key persons have sufficient involvement in patient careContractor
s.016 Contracts with a partnership Regulated
  • Ensure new partners are automatically bound by your GMS contractContractor
s.018 Essential services Regulated
  • Provide essential primary medical services to patientsContractor
s.021 Services generally Regulated
  • Ensure GP contract specifies services, premises, and patient registration detailsContractor
s.024 Additional obligations in relation to practice premises Regulated
  • Comply with Schedule 3 obligations while receiving practice premises financial assistanceContractor
s.028 Fees and charges Regulated
  • Do not charge patients for NHS treatment except in allowed circumstancesContractor
s.033 Out of hours Regulated
  • Continue providing out-of-hours services and inform patients if requestedContractor
s.033 Transitional arrangements for vaccination and immunisation services Regulated
  • Continue providing vaccination services if Health Board gives noticeContractor
29 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Application
s.003 Interpretation
s.004 Conditions: general
s.006 General conditions relating to all contracts
s.007 Further conditions relating to all contracts
s.008 Reasons
s.009 Appeal
s.010 Continuing conditions relating to contracts
s.012 Pre-contract disputes
s.013 Health service body status
s.014 Parties to the contract
s.015 NHS contracts
s.017 Duration
s.018 Health Board support for contractors
s.019 Additional services
s.020 Opt outs of additional services
s.020 Requirement to provide vaccination services
s.022 Services generally
s.023 Services generally
s.025 Certificates
s.026 Finance
s.027 Finance
s.029 Arrangements on termination
s.030 Other contractual terms
s.031 Implied contract terms
s.032 Functions of area medical committee
s.034 Revocations
s.035 Consequential amendments
Schedules

Schedules

91 of 183 shown
s.sch001 Additional services generally Regulated
  • Provide necessary facilities and equipment for each additional serviceContractor
s.sch001 Cervical screening Regulated
  • Provide cervical screening services and maintain accurate recordsContractor
s.sch001 Contraceptive services Regulated
  • Provide contraceptive services to patients on requestContractor
s.sch001 Child health surveillance Regulated
  • Provide child health surveillance services and keep records for under-5sContractor
s.sch001 Maternity medical services Regulated
  • Provide maternity medical services to pregnant patients, new mothers and babiesContractor
s.sch002 Permanent opt outs Regulated
Other duties (1) — Crown / regulator
  • Health Board must decide on permanent opt-out notice within 28 daysLocal authority
s.sch002 Informing patients of opt-outs Regulated
  • Inform patients about opt-outs when Health Board requestsContractor
s.sch002a Requirement to provide vaccination services Regulated
Other duties (1) — Crown / regulator
  • Health Board may require vaccination service provision in remote areasLocal authority
s.sch002a Conditions which apply to all vaccination services Regulated
  • Provide necessary facilities and equipment for vaccination servicesContractor
s.sch002a Vaccinations and immunisations Regulated
  • Offer and administer adult vaccinations and immunisationsContractor
s.sch002a Childhood vaccinations and immunisations Regulated
  • Provide childhood vaccinations and immunisations as requiredContractor
s.sch002a Supplementary vaccinations and immunisations Regulated
  • Provide supplementary vaccinations when required by Health BoardContractor
s.sch003 The contractor must ensure that it meets minimum standards for... Regulated
  • Meet minimum premises standards for safety, access and hygieneContractor
s.sch006 Premises Regulated
  • Ensure premises are suitable and sufficient for patient needsContractor
s.sch006 Duty of co-operation in relation to additional , enhanced services and vaccination services Regulated
  • Provide information when stopping a serviceContractor
s.sch006 Termination by the Health Board: remedial notices and breach notices Regulated
Other duties (1) — Crown / regulator
  • Health Board must issue remedial or breach notices before terminating a contractLocal authority
s.sch006 Contract sanctions and the dispute resolution procedure Regulated
Other duties (1) — Crown / regulator
  • Health Board must wait for dispute process before imposing contract sanctionsStatutory regulator
s.sch006 Duty to co-operate with Health Board support for contractors Regulated
  • Cooperate with Health Board and provide emergency care to patientsContractor
s.sch006 Clinical governance Regulated
  • Implement a clinical governance system and appoint a clinical governance leadContractor
s.sch006 Medical Indemnity Insurance Regulated
  • Maintain appropriate medical indemnity insuranceContractor
s.sch006 Public Liability Insurance Regulated
  • Hold adequate public liability insuranceContractor
s.sch006 Gifts Regulated
  • Keep a register of significant gifts from patients and suppliersContractor
s.sch006 Duty of candour Regulated
  • Have duty of candour arrangements in placeContractor
s.sch006 Compliance with legislation and guidance Regulated
  • Comply with all relevant legislation and follow health board guidanceContractor
s.sch006 Application for inclusion in a list of patients Regulated
  • Notify Health Board when accepting a new patient onto your listContractor
s.sch006 Duty to participate in quality arrangements Regulated
  • Meaningfully participate in quality arrangements and nominate a Practice Quality LeadContractor
s.sch006 Quality arrangements Regulated
  • Comply with quality arrangements for your GP practiceContractor
s.sch006 Temporary residents Regulated
  • Notify Health Board about temporary residents at end of stayContractor
s.sch006 Refusal of application for inclusion in the list of patients or for acceptance as a temporary resident Regulated
  • Your grounds for refusing a patient applicationContractor
s.sch006 Patient preference of practitioner Regulated
  • Inform patients of preference rights and record their choicesContractor
s.sch006 Removal from the list at the request of the patient Regulated
  • Notify the Health Board when a patient asks to be removed from your listContractor
s.sch006 Removal from the list at the request of the contractor Regulated
  • Remove a patient from your list properlyContractor
s.sch006 Removal from the list of patients who are violent Regulated
  • Remove violent patients from your list with immediate effectContractor
s.sch006 Telephone services Regulated
  • Do not use 087, 09 or 070 numbers for patient contact unless freeContractor
s.sch006 Termination of responsibility for patients not registered with the contractor Regulated
  • Terminate responsibility for non-registered patients only in permitted circumstances with notice and recordsContractor
s.sch006 Closure of lists of patients Regulated
  • Follow process to close patient listContractor
s.sch006 Approval of closure notice by the Health Board Regulated
  • Close and manage patient list when Health Board approves closureContractor
s.sch006 Rejection of closure notice by the Health Board Regulated
Other duties (1) — Crown / regulator
  • Health Board must appoint assessment panel when rejecting GP list closureCrown / Minister / Government department
s.sch006 Attendance at practice premises Regulated
  • Offer same-day or appropriate follow-up appointments to walk-in patientsContractor
s.sch006 Rejection of a practice area variation request Regulated
Other duties (1) — Crown / regulator
  • Health Board must appoint assessment panel and obtain timely determination on practice area rejectionCrown / Minister / Government department
s.sch006 Prescribing Regulated
  • Prescribe medicines and appliances using correct prescription formsAny Person
s.sch006 Restrictions on prescribing by medical practitioners Regulated
  • Do not prescribe restricted drugs on NHS prescription unless conditions metAny Person
s.sch006 Restrictions on prescribing by supplementary prescribers Regulated
  • Ensure supplementary prescribers comply with prescribing restrictionsContractor
s.sch006 Excessive prescribing Regulated
  • Do not prescribe drugs, medicines or appliances beyond what is reasonably necessaryContractor
s.sch006 Provision of dispensing services Regulated
  • Only provide dispensing services if authorised by the Health BoardContractor
s.sch006 Qualifications of performers Regulated
  • Perform medical services only if listed and not suspendedAny Person
s.sch006 Qualifications of performers Regulated
  • Ensure healthcare professionals comply with registration conditionsContractor
s.sch006 Qualifications of performers Regulated
  • Ensure you have necessary clinical experience and training before performing servicesAny Person
s.sch006 Newly registered patients Regulated
  • Invite newly registered patients for a health check within 6 monthsContractor
s.sch006 Conditions for employment and engagement Regulated
  • Check medical practitioners are on the performers list before hiringContractor
s.sch006 Conditions for employment and engagement Regulated
  • Check healthcare professionals' qualifications before employing themContractor
s.sch006 Conditions for employment and engagement Regulated
  • Check clinical references before hiring healthcare professionalsContractor
s.sch006 Conditions for employment and engagement Regulated
  • Check qualifications and competence before hiring staffContractor
s.sch006 Training Regulated
  • You must arrange ongoing training for healthcare professionalsContractor
s.sch006 Training Regulated
  • Provide reasonable training opportunities to maintain employee competenceContractor
s.sch006 Arrangements for GP Registrars Regulated
  • Comply with conditions when employing a GP RegistrarContractor
s.sch006 Independent prescribers and supplementary prescribers Regulated
  • Notify Health Board when prescribing staff join or leaveContractor
s.sch006 Signing of documents Regulated
  • Include clinician's profession and contractor name on clinical documentsContractor
s.sch006 Clinical reports Regulated
  • Provide clinical report to Health Board for non-registered patientsContractor
s.sch006 Level of skill Regulated
  • Carry out contractual duties with reasonable skill and careContractor
s.sch006 Appraisal and assessment Regulated
  • Ensure your medical practitioners attend appraisals and cooperate with performance assessmentsContractor
s.sch006 Sub‑contracting of clinical matters Regulated
  • Notify Health Board before subcontracting clinical servicesContractor
s.sch006 Roles, responsibilities and obligations – general Regulated
  • Comply with Scottish Ministers' data processing guidance and include joint controllership terms in your GMS contractContractor
s.sch006 Contractor’s obligations – records etc. Regulated
  • Manage patient records, data security and trainingContractor
s.sch006 Records Regulated
  • Keep adequate patient records and follow electronic record rulesContractor
s.sch006 Processing and access of data Regulated
  • Provide patient data and practice information to Health Board on requestContractor
s.sch006 Storage of vaccines Regulated
  • Store vaccines in pharmaceutical refrigerator with daily temperature checksContractor
s.sch006 Data protection officer Regulated
  • Appoint a data protection officer jointly with the Health Board, or nominate your own data liaisonContractor
s.sch006 GP IT Services Regulated
  • Follow Health Board IT guidance and return equipment when contract endsContractor
s.sch006 Patient online appointment services Regulated
  • Provide online appointment, prescription and prescription info servicesContractor
s.sch006 Confidentiality of personal data Regulated
  • Appoint a person responsible for data protection and confidentialityContractor
s.sch006 Practice leaflet Regulated
  • Create and maintain a practice leaflet for patientsContractor
s.sch006 Practice websites Regulated
  • Publish and maintain a practice website with specified information and online appointmentsContractor
s.sch006 Inquiries about prescriptions and referrals Regulated
  • Answer Health Board inquiries about prescriptions and referralsContractor
s.sch006 Annual return and review Regulated
  • Submit annual return and participate in annual reviewContractor
s.sch006 Notifications to the Health Board Regulated
  • Notify the Health Board of serious incidents and key changesContractor
s.sch006 Notifications to the Health Board Regulated
  • Notify the Health Board of any change to published contractor informationContractor
s.sch006 Anaphylaxis training Regulated
  • Train your medical staff in anaphylaxis recognition and treatmentContractor
s.sch006 Infection control Regulated
  • Maintain infection control and decontamination arrangementsContractor
s.sch006 Notifications to the Health Board Regulated
  • Notify the Health Board when you provide essential services to non-patientsContractor
s.sch006 Notice provisions specific to a contract with a company Regulated
  • Notify Health Board of company changes (shareholders, directors, insolvency)Contractor
s.sch006 Notice provisions specific to a contract with persons practising in partnership Regulated
  • Notify Health Board when a partner leaves or joinsContractor
s.sch006 Notice provisions specific to a contract with persons practising in a limited liability partnership Regulated
  • Notify Health Board of LLP membership changes without delayContractor
s.sch006 Notification of deaths Regulated
  • Report patient deaths on premises to Health Board within one working dayContractor
s.sch006 Entry and inspection by the Health Board Regulated
  • Allow Health Board access for practice premises inspectionContractor
s.sch006 Complaints procedure Regulated
  • Have a complaints procedure that meets patient rights requirementsContractor
s.sch006 Co-operation with investigations Regulated
  • Co-operate with investigations into complaintsContractor
s.sch006 Local resolution of contract disputes: local dispute resolution process Regulated
  • Use local dispute resolution process before formal actionContractor
s.sch006 Duty of co-operation in relation to additional , enhanced services and vaccination services Regulated
  • Cooperate with providers of services you don't offer to your patientsContractor
s.sch006 Late payment notices Regulated
  • You can terminate the contract for late payment after noticeContractor
s.sch008 Where the contractor offers its registered patients an online service... Regulated
  • Provide website address and guidance for online patient servicesContractor
92 other schedules
s.sch001 Vaccinations and immunisations
s.sch001 Childhood vaccinations and immunisations
s.sch002 Opt outs of additional services: general
s.sch002 Temporary opt outs and permanent opt outs following temporary opt outs
s.sch002b (1) The Health Board must provide the contractor with support...
s.sch002c (1) The Health Board must provide the contractor with support...
s.sch005 The contractor may demand or accept a fee or other...
s.sch006 Termination by the Health Board: general
s.sch006 Termination by the Health Board for breach of conditions in regulation 10
s.sch006 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
s.sch006 Other grounds for termination by the Health Board
s.sch006 Other grounds for termination by the Health Board
s.sch006 Termination by the Health Board for unlawful sub-contracting
s.sch006 Termination by the Health Board: additional provision specific to contracts with a partnership and companies limited by shares
s.sch006 Contract sanctions
s.sch006 List of patients
s.sch006 Termination and the NHS dispute resolution procedure
s.sch006 Consultation with the area medical committee
s.sch006 Where the contractor changes from being an individual to a partnership
s.sch006 Where the contractor changes from being a partnership to an individual
s.sch006 Third party rights
s.sch006 Removals from the list of patients registered elsewhere
s.sch006 Removals from the list of patients who have moved
s.sch006 Removals from the list of patients who have moved
s.sch006 Removals from the list of patients absent from the United Kingdom etc.
s.sch006 Removals from the list of patients accepted elsewhere as temporary residents
s.sch006 Removals from the list of pupils etc. of a school
s.sch006 Assignment of patients to lists: open lists
s.sch006 Assignment of patients to lists: closed lists
s.sch006 Factors relevant to assignments
s.sch006 Assignments to closed lists: determinations of the assessment panel
s.sch006 Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
s.sch006 Assignments to closed lists: assignments of patients by a Health Board
s.sch006 Assignments of patients to lists at request of contractor
s.sch006 Application for variation of a practice area
s.sch006 Prescribing
s.sch006 Attendance outside practice premises
s.sch006 Interpretation of paragraphs 38 to 41
s.sch006 Provision of drugs, medicines and appliances for immediate treatment or personal administration
s.sch006 Qualifications of performers
s.sch006 Terms and conditions
s.sch006 Interpretation – general
s.sch006 Meaning of controller etc.
s.sch006 Health Board Obligations – records etc.
s.sch006 Provision of information to a medical officer etc.
s.sch006 Notifications to patients following variation of the contract
s.sch006 Dispute resolution: non-NHS contracts
s.sch006 NHS dispute resolution procedure
s.sch006 Determination of dispute
s.sch006 Interpretation of Part 7
s.sch006 Variation of a contract: general
s.sch006 Variation of a contract: execution
s.sch006 Termination by agreement
s.sch006 Termination on the death of an individual medical practitioner
s.sch006 Termination by the contractor
s.sch008 The name of the contractor.
s.sch008 The contractor’s telephone number and the address of the contractor’s...
s.sch008 Whether the practice premises have suitable access for all disabled...
s.sch008 How to register as a patient.
s.sch008 The right of patients to express a preference of practitioner...
s.sch008 The services available under the contract.
s.sch008 The opening hours of the practice premises and the method...
s.sch008 The criteria for home visits and the method of obtaining...
s.sch008 (1) Details of— (a) the out of hours period as...
s.sch008 If the services in paragraph 18 are not provided by...
s.sch008 The details of the arrangements for the delivery of vaccinations...
s.sch008 In the case of a contract with a partnership—
s.sch008 The telephone number of NHS 24 and details of the...
s.sch008 The method by which patients are to obtain repeat prescriptions....
s.sch008 If the contractor is a dispensing contractor the arrangements for...
s.sch008 How patients may make a complaint or comment on the...
s.sch008 The rights and responsibilities of the patient, including keeping appointments....
s.sch008 The action that may be taken where a patient is...
s.sch008 Details of who has access to patient information (including information...
s.sch008 The name, address and telephone number of the Health Board...
s.sch008 In the case of a contract with a company—
s.sch008 In the case of a contract with a limited liability...
s.sch008 The full name of each person performing services under the...
s.sch008 In the case of each health care professional performing services...
s.sch008 Whether the contractor undertakes the teaching or training of health...
s.sch008 The contractor’s practice area, by reference to a map, plan...
s.sch008 The address of each of the practice premises.
s.sch010 The National Health Service (Scotland) (Injury Benefits) Regulations 1998
s.sch010 National Health Service Pension Scheme (Scotland) Regulations 2015
s.sch010 The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
s.sch010 The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004
s.sch010 The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004
s.sch010 The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
s.sch010 The National Health Service Superannuation Scheme (Scotland) Regulations 2011
s.sch010 The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
s.sch010 The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
s.sch010 The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

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