Premises
- Ensure premises are suitable and sufficient for patient needs
Scottish Statutory Instrument
2018
United Kingdom
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018
At a glance
What's here
100 compliance obligations
Who this Act binds
Plus 5 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
Termination of responsibility for patients not registered with the provider
- Notify patients of termination and keep written records
Prescribing
- Ensure prescription forms comply with paragraphs 12-14 requirements
Prescribing
- Issue prescriptions correctly to patients and follow urgency rules
Restrictions on prescribing by medical practitioners
- Follow restrictions on prescribing certain drugs, medicines and appliances
Restrictions on prescribing by supplementary prescribers
- Have arrangements to ensure supplementary prescribers follow prescribing restrictions
Excessive prescribing
- Do not prescribe drugs or appliances in excess of what is reasonably necessary
Provision of dispensing services
- Comply with Health Board's dispensing requirements when supplying drugs to patients
Provision of drugs, medicines and appliances for immediate treatment or personal administration
- Supply drugs, medicines or appliances for immediate patient treatment
Qualifications of performers
- Ensure doctors performing services are qualified and listed
Telephone services
- Do not use 087, 09 or 070 numbers for patient contact
Qualifications of performers
- Ensure healthcare professionals comply with registration conditions
Qualifications of performers
- Ensure you have necessary training and experience before performing clinical services
Conditions for employment and engagement
- Verify medical practitioners' registration and offer minimum terms
Conditions for employment and engagement
- Check healthcare professional qualifications before employing them
Conditions for employment and engagement
- Check clinical references before hiring healthcare staff
Conditions for employment and engagement
- Check staff are suitably qualified and competent before hiring
Training
- Arrange ongoing training for healthcare staff doing clinical work
Training
- Provide reasonable training opportunities to maintain employee competence
Arrangements for GP registrars
- Don't cut hours of other GPs when employing a GP registrar
Independent prescribers and supplementary prescribers
- Notify Health Board when independent prescribers start or stop
Attendance outside practice premises
- Provide home visits when a patient cannot attend the surgery
Signing of documents
- Include signing clinician's profession and provider name on clinical documents
Level of skill
- Carry out NHS agreement obligations with reasonable skill and care
Appraisal and assessment
- Ensure medical practitioners undergo appraisal and cooperate with assessments
Sub-contracting of clinical matters
- You must not subcontract clinical services without Health Board approval
Interpretation
- Include joint-controller and data-protection terms in your agreement
Provider and Health Board Obligations
- Protect patient data, keep accurate records, and train staff
Records
- Keep adequate patient records and comply with electronic record rules
Processing and access of data
- Provide Health Board with access to practice data and patient records upon request
Confidentiality of personal data
- Nominate a person responsible for data protection and confidentiality
GP IT Services
- Return IT systems and follow Scottish Ministers' guidance on GP IT services
Clinical reports
- Send clinical report to Health Board when treating non-registered patients
Patient online appointment services
- Provide online appointment, repeat prescription, and prescription information services
Practice leaflet
- Compile, review and make available a practice leaflet
Practice website
- Maintain a practice website with specified information and online appointment booking
Inquiries about prescriptions and referrals
- Answer Health Board inquiries about prescriptions and referrals
Provision of information to a medical officer etc.
- Provide patient information to DWP medical officers if patient consents
Annual return and review
- Submit an annual return and participate in a performance review
Notifications to the Health Board
- Notify the Health Board of serious incidents and other key events
Notifications to the Health Board
- Notify Health Board of changes to published information within 28 days
Notice provisions specific to agreements with one or more companies limited by shares
- Notify Health Board of share transfers, director changes, and insolvency events
Notice provisions specific to an agreement with one or more companies
- Notify the Health Board about company personnel and insolvency changes
Notice provisions specific to an agreement with one or more partnerships
- Notify Health Board of partner changes without delay
Storage of vaccines
- Store vaccines correctly in a pharmaceutical refrigerator
Notice provisions specific to an agreement with persons practising with one or more limited liability partnership
- Notify Health Board when LLP members change
Notification of deaths
- Report patient deaths on your premises to the Health Board within one working day
Entry and inspection by the Health Board
- Allow Health Board entry and inspection of practice premises
Complaints procedure
- Have a complaints procedure compliant with the Patient Rights (Scotland) Act 2011
Co-operation with investigations
- Co-operate with complaint investigations by health bodies and ombudsman
Local resolution of contract disputes – Local Dispute Resolution Process
- Attempt local dispute resolution before escalating contract disputes
Determination of dispute
Other duties (1) — Crown / regulator
- Adjudicator must record and notify dispute determination with reasons Tribunal / Court
Anaphylaxis training
- Train all doctors and nurses in anaphylaxis recognition and treatment
Infection control
- Ensure effective infection control and decontamination arrangements
Duty of co-operation in relation to primary medical services
- Cooperate with other providers of primary medical services you do not offer
Termination by the Health Board: remedial notices and breach notices
Other duties (1) — Crown / regulator
- Health Board must issue remedial notices before terminating agreements for remediable breaches Statutory regulator
Agreement sanctions and the dispute resolution procedure
Other duties (1) — Crown / regulator
- Health Board must not impose agreement sanctions before dispute resolution is complete Local authority
Clinical governance
- Set up and maintain a clinical governance system
Duty of co-operation in relation to primary medical services
- Respond to Health Board information requests when ceasing services
Medical Indemnity Insurance
- Maintain appropriate medical indemnity insurance
Public Liability Insurance
- Hold adequate public liability insurance
Gifts
- Keep a register of gifts worth over £100
Compliance with legislation and guidance
- Comply with all relevant legislation and follow Health Board guidance
Duty of candour
- Complying with candour requirements for care services
Duty to participate in quality arrangements
- Participate in quality arrangements and nominate a Practice Quality Lead
Quality arrangements
- Follow quality arrangements set by Practice Quality Lead
Duty of co-operation with Health Board support for providers
- Cooperate with Health Board support and provide emergency services directly
Patient preference of practitioner
- Notify patients of their right to choose a GP and record preferences
Essential services
- Provide essential primary medical services to patients during core hours
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
- Follow the correct procedure when requesting removal of a patient from your list
Removal from the list of patients who are violent
- Notify Health Board and record removal of violent patient
Closure of lists of patients
- Notify Health Board and follow process to close your patient list
Essential services
- Provide essential GP services within core hours to meet patient needs, with emergency arrangements
Approval of closure notice by the Health Board
- Close patient list when Health Board approves closure notice
Rejection of closure notice by the Health Board
Other duties (1) — Crown / regulator
- Health Board must appoint assessment panel for rejected closure notice Local authority
Rejection of a practice area variation request
Other duties (1) — Crown / regulator
- Health Board must appoint assessment panel to review rejected practice area variation request Local authority
Attendance at practice premises
- Provide essential services to walk-in patients during normal surgery hours
Notifications to the Health Board
- Notify Health Board of non-registered patients within 28 days
Newly registered patients
- Invite new patients for a consultation within 6 months
Fees and charges for essential services
- Provide necessary treatment when a patient's identity is in doubt
Application for inclusion in a list of patients
- Accept patient applications and notify Health Board
Temporary residents
- Notify temporary residents and Health Board about acceptance and changes
Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident
- Handle patient application refusals fairly and transparently
Additional services generally
- Provide additional services with necessary facilities and emergency access
Cervical screening
- Provide cervical screening services and keep accurate records
Contraceptive services
- Provide comprehensive contraceptive services to patients who request them
Child health surveillance
- Provide child health surveillance and maintain records for children under 5
Maternity medical services
- Provide maternity medical services to pregnant patients and new mothers
Requirement to provide vaccination services
- Provide vaccination services if required by the Health Board
Conditions which apply to all vaccination services
- Provide needed facilities and schedule vaccination services within core hours
Vaccinations and immunisations
- Provide adult vaccinations, record refusals, and train staff on anaphylaxis
Childhood vaccinations and immunisations
- Offer and administer childhood vaccinations with full records and staff anaphylaxis training
Supplementary vaccinations and immunisations
- Provide supplementary vaccinations and immunisations as required by Health Board
Browse 47 other Schedules — structural / supplementary
Qualifications of performers
Notifications to patients following variation of the agreement
Dispute resolution: non-NHS contracts
NHS dispute resolution procedure
Interpretation of Part 7
Variation of an agreement: general
Variation of an agreement: execution
Termination by agreement
Termination by the provider
Withdrawal by parties to an agreement other than Health Boards
Late payment notices
Termination by the Health Board: general
Other grounds for termination by the Health Board
Other grounds for termination by the Health Board for agreements entered into on or after 22nd December 2010
Health Board support for providers: community treatment and care services
Health Board support for providers: pharmacotherapy services
Other grounds for termination by the Health Board
Termination by the Health Board for unlawful sub contracting
Termination by the Health Board: additional provisions specific to agreements with one or more bodies corporate
Termination by the Health Board: changes in the provider
Agreement sanctions
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 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: determination of the assessment panel
Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
Assignments of patients to lists at request of provider
Application for variation of a practice area
Assignments to closed lists: assignments of patients by a Health Board
List of patients
Vaccinations and immunisations
Childhood vaccinations and immunisations
The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013
The National Health Service (Primary Medical Services Performers Lists) (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 Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014
sch. 4
- Ensure practice premises are accessible, private, and provide adequate facilities
Agreements with one or more partnerships
- Ensure NHS agreement binds new partners automatically
Additional obligations in relation to practice premises
- Comply with schedule 4 obligations on practice premises when receiving financial assistance
Fees and charges
- Do not charge patients for NHS treatment or prescriptions
Right to a general medical services contract
- Notify Health Board to switch from agreement to GMS contract
Out of Hours
- Continue to provide out-of-hours services and inform patients of changes
Browse 32 other sections — procedural / definitional / commencement
sch. 6 para. 11
sch. 6 para. 19
sch. 6 para. 21
sch. 6 para. 4
sch. 6 para. 5
Citation and commencement
Application
Interpretation
General conditions relating to providers
Further conditions relating to all agreements
Reasons
Appeal
Prescribed period under section 17D(3) of the Act
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
Requirement to provide vaccination services
Parties to the agreement
NHS contracts
Arrangements on termination
Services generally
Certificates
Finance
Finance
Implied agreement terms
Functions of area medical committee
Transitional arrangements for vaccination and immunisation services
Revocations
Consequential amendments
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