Scottish Statutory Instrument SI 2018/67 United Kingdom

The National Health Service (Primary Medical Services Section 17C Agreements) (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.

Any Person49 Employer30 Contractor8 Trader5 Data Controller2 Self-Employed Person1 Client1

Plus 5 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
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Data Controller — also bound by 35 other Acts
Self-Employed Person — also bound by 80 other Acts
Client — also bound by 62 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.

sch. 4 sch. 4 Regulated
  • Ensure practice premises are accessible, private, and provide adequate facilitiesEmployer
sch. 6 para. 19 sch. 6 para. 19 Regulated
  • Provide patients with out-of-hours service detailsAny Person
s.017 Agreements with one or more partnerships Regulated
  • Ensure NHS agreement binds new partners automaticallyAny Person
s.021 Additional obligations in relation to practice premises Regulated
  • Comply with schedule 4 obligations on practice premises when receiving financial assistanceAny Person
s.024 Fees and charges Regulated
  • Do not charge patients for NHS treatment or prescriptionsContractor
s.027 Right to a general medical services contract Regulated
  • Notify Health Board to switch from agreement to GMS contractAny Person
s.028 Out of Hours Regulated
  • Continue to provide out-of-hours services and inform patients of changesAny Person
31 other provisions — procedural and definitional
sch. 6 para. 11 sch. 6 para. 11
sch. 6 para. 21 sch. 6 para. 21
sch. 6 para. 4 sch. 6 para. 4
sch. 6 para. 5 sch. 6 para. 5
s.001 Citation and commencement
s.002 Application
s.003 Interpretation
s.004 General conditions relating to providers
s.005 Further conditions relating to all agreements
s.006 Reasons
s.007 Appeal
s.008 Prescribed period under section 17D(3) of the Act
s.009 Pre-agreement dispute resolution
s.010 Health service body status
s.011 Provision of primary medical services
s.012 Primary medical services and content of agreements
s.013 Essential services and content of agreements
s.014 Additional services and content of agreements
s.014 Requirement to provide vaccination services
s.015 Parties to the agreement
s.016 NHS contracts
s.018 Arrangements on termination
s.019 Services generally
s.020 Certificates
s.022 Finance
s.023 Finance
s.025 Implied agreement terms
s.026 Functions of area medical committee
s.028 Transitional arrangements for vaccination and immunisation services
s.029 Revocations
s.030 Consequential amendments
Schedules

Schedules

94 of 141 shown
s.sch001 Premises Regulated
  • Ensure premises are suitable and sufficient for patient needsAny Person
s.sch001 Termination of responsibility for patients not registered with the provider Regulated
  • Notify patients of termination and keep written recordsAny Person
s.sch001 Prescribing Regulated
  • Ensure prescription forms comply with paragraphs 12-14 requirementsAny Person
s.sch001 Prescribing Regulated
  • Issue prescriptions correctly to patients and follow urgency rulesAny Person
s.sch001 Restrictions on prescribing by medical practitioners Regulated
  • Follow restrictions on prescribing certain drugs, medicines and appliancesSelf-Employed Person
s.sch001 Restrictions on prescribing by supplementary prescribers Regulated
  • Have arrangements to ensure supplementary prescribers follow prescribing restrictionsEmployer
s.sch001 Excessive prescribing Regulated
  • Do not prescribe drugs or appliances in excess of what is reasonably necessaryAny Person
s.sch001 Provision of dispensing services Regulated
  • Comply with Health Board's dispensing requirements when supplying drugs to patientsAny Person
s.sch001 Provision of drugs, medicines and appliances for immediate treatment or personal administration Regulated
  • Supply drugs, medicines or appliances for immediate patient treatmentAny Person
s.sch001 Qualifications of performers Regulated
  • Ensure doctors performing services are qualified and listedAny Person
s.sch001 Telephone services Regulated
  • Do not use 087, 09 or 070 numbers for patient contactEmployer
s.sch001 Qualifications of performers Regulated
  • Ensure healthcare professionals comply with registration conditionsEmployer
s.sch001 Qualifications of performers Regulated
  • Ensure you have necessary training and experience before performing clinical servicesAny Person
s.sch001 Conditions for employment and engagement Regulated
  • Verify medical practitioners' registration and offer minimum termsEmployer
s.sch001 Conditions for employment and engagement Regulated
  • Check healthcare professional qualifications before employing themEmployer
s.sch001 Conditions for employment and engagement Regulated
  • Check clinical references before hiring healthcare staffEmployer
s.sch001 Conditions for employment and engagement Regulated
  • Check staff are suitably qualified and competent before hiringEmployer
s.sch001 Training Regulated
  • Arrange ongoing training for healthcare staff doing clinical workEmployer
s.sch001 Training Regulated
  • Provide reasonable training opportunities to maintain employee competenceEmployer
s.sch001 Arrangements for GP registrars Regulated
  • Don't cut hours of other GPs when employing a GP registrarEmployer
s.sch001 Independent prescribers and supplementary prescribers Regulated
  • Notify Health Board when independent prescribers start or stopEmployer
s.sch001 Attendance outside practice premises Regulated
  • Provide home visits when a patient cannot attend the surgeryAny Person
s.sch001 Signing of documents Regulated
  • Include signing clinician's profession and provider name on clinical documentsEmployer
s.sch001 Level of skill Regulated
  • Carry out NHS agreement obligations with reasonable skill and careEmployer
s.sch001 Appraisal and assessment Regulated
  • Ensure medical practitioners undergo appraisal and cooperate with assessmentsEmployer
s.sch001 Sub-contracting of clinical matters Regulated
  • You must not subcontract clinical services without Health Board approvalAny Person
s.sch001 Interpretation Regulated
  • Include joint-controller and data-protection terms in your agreementData Controller
s.sch001 Provider and Health Board Obligations Regulated
  • Protect patient data, keep accurate records, and train staffContractor
s.sch001 Records Regulated
  • Keep adequate patient records and comply with electronic record rulesEmployer
s.sch001 Processing and access of data Regulated
  • Provide Health Board with access to practice data and patient records upon requestAny Person
s.sch001 Confidentiality of personal data Regulated
  • Nominate a person responsible for data protection and confidentialityData Controller
s.sch001 GP IT Services Regulated
  • Return IT systems and follow Scottish Ministers' guidance on GP IT servicesContractor
s.sch001 Clinical reports Regulated
  • Send clinical report to Health Board when treating non-registered patientsAny Person
s.sch001 Patient online appointment services Regulated
  • Provide online appointment, repeat prescription, and prescription information servicesAny Person
s.sch001 Practice leaflet Regulated
  • Compile, review and make available a practice leafletAny Person
s.sch001 Practice website Regulated
  • Maintain a practice website with specified information and online appointment bookingAny Person
s.sch001 Inquiries about prescriptions and referrals Regulated
  • Answer Health Board inquiries about prescriptions and referralsAny Person
s.sch001 Provision of information to a medical officer etc. Regulated
  • Provide patient information to DWP medical officers if patient consentsEmployer
s.sch001 Annual return and review Regulated
  • Submit an annual return and participate in a performance reviewAny Person
s.sch001 Notifications to the Health Board Regulated
  • Notify the Health Board of serious incidents and other key eventsAny 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 agreements with one or more companies limited by shares Regulated
  • Notify Health Board of share transfers, director changes, and insolvency eventsTrader
s.sch001 Notice provisions specific to an agreement with one or more companies Regulated
  • Notify the Health Board about company personnel and insolvency changesTrader
s.sch001 Notice provisions specific to an agreement with one or more partnerships Regulated
  • Notify Health Board of partner changes without delayAny Person
s.sch001 Storage of vaccines Regulated
  • Store vaccines correctly in a pharmaceutical refrigeratorEmployer
s.sch001 Notice provisions specific to an agreement with persons practising with one or more limited liability partnership Regulated
  • Notify Health Board when LLP members changeAny Person
s.sch001 Notification of deaths Regulated
  • Report patient deaths on your premises to the Health Board within one working dayAny Person
s.sch001 Entry and inspection by the Health Board Regulated
  • Allow Health Board entry and inspection of practice premisesAny Person
s.sch001 Complaints procedure Regulated
  • Have a complaints procedure compliant with the Patient Rights (Scotland) Act 2011Any Person
s.sch001 Co-operation with investigations Regulated
  • Co-operate with complaint investigations by health bodies and ombudsmanEmployer
s.sch001 Local resolution of contract disputes – Local Dispute Resolution Process Regulated
  • Attempt local dispute resolution before escalating contract disputesAny Person
s.sch001 Determination of dispute Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must record and notify dispute determination with reasonsTribunal / Court
s.sch001 Anaphylaxis training Regulated
  • Train all doctors and nurses in anaphylaxis recognition and treatmentEmployer
s.sch001 Infection control Regulated
  • Ensure effective infection control and decontamination arrangementsEmployer
s.sch001 Duty of co-operation in relation to primary medical services Regulated
  • Cooperate with other providers of primary medical services you do not offerTrader
s.sch001 Termination by the Health Board: remedial notices and breach notices Regulated
Other duties (1) — Crown / regulator
  • Health Board must issue remedial notices before terminating agreements for remediable breachesStatutory regulator
s.sch001 Agreement sanctions and the dispute resolution procedure Regulated
Other duties (1) — Crown / regulator
  • Health Board must not impose agreement sanctions before dispute resolution is completeLocal authority
s.sch001 Clinical governance Regulated
  • Set up and maintain a clinical governance systemEmployer
s.sch001 Duty of co-operation in relation to primary medical services Regulated
  • Respond to Health Board information requests when ceasing servicesAny Person
s.sch001 Medical Indemnity Insurance Regulated
  • Maintain appropriate medical indemnity insuranceAny Person
s.sch001 Public Liability Insurance Regulated
  • Hold adequate public liability insuranceContractor
s.sch001 Gifts Regulated
  • Keep a register of gifts worth over £100Client
s.sch001 Compliance with legislation and guidance Regulated
  • Comply with all relevant legislation and follow Health Board guidanceEmployer
s.sch001 Duty of candour Regulated
  • Complying with candour requirements for care servicesEmployer
s.sch001 Duty to participate in quality arrangements Regulated
  • Participate in quality arrangements and nominate a Practice Quality LeadAny Person
s.sch001 Quality arrangements Regulated
  • Follow quality arrangements set by Practice Quality LeadEmployer
s.sch001 Duty of co-operation with Health Board support for providers Regulated
  • Cooperate with Health Board support and provide emergency services directlyContractor
s.sch001 Patient preference of practitioner Regulated
  • Notify patients of their right to choose a GP and record preferencesAny Person
s.sch002 Essential services Regulated
  • Provide essential primary medical services to patients during core hoursContractor
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
  • Follow the correct procedure when requesting removal of a patient from your listEmployer
s.sch002 Removal from the list of patients who are violent Regulated
  • Notify Health Board and record removal of violent patientAny Person
s.sch002 Closure of lists of patients Regulated
  • Notify Health Board and follow process to close your patient listAny Person
s.sch002 Essential services Regulated
  • Provide essential GP services within core hours to meet patient needs, with emergency arrangementsEmployer
s.sch002 Approval of closure notice by the Health Board Regulated
  • Close patient list when Health Board approves closure noticeContractor
s.sch002 Rejection of closure notice by the Health Board Regulated
Other duties (1) — Crown / regulator
  • Health Board must appoint assessment panel for rejected closure noticeLocal authority
s.sch002 Rejection of a practice area variation request Regulated
Other duties (1) — Crown / regulator
  • Health Board must appoint assessment panel to review rejected practice area variation requestLocal authority
s.sch002 Attendance at practice premises Regulated
  • Provide essential services to walk-in patients during normal surgery hoursAny Person
s.sch002 Notifications to the Health Board Regulated
  • Notify Health Board of non-registered patients within 28 daysAny Person
s.sch002 Newly registered patients Regulated
  • Invite new patients for a consultation within 6 monthsAny Person
s.sch002 Fees and charges for essential services Regulated
  • Provide necessary treatment when a patient's identity is in doubtEmployer
s.sch002 Application for inclusion in a list of patients Regulated
  • Accept patient applications and notify Health BoardEmployer
s.sch002 Temporary residents Regulated
  • Notify temporary residents and Health Board about acceptance and changesAny Person
s.sch002 Refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident Regulated
  • Handle patient application refusals fairly and transparentlyAny Person
s.sch003 Additional services generally Regulated
  • Provide additional services with necessary facilities and emergency accessAny Person
s.sch003 Cervical screening Regulated
  • Provide cervical screening services and keep accurate recordsAny Person
s.sch003 Contraceptive services Regulated
  • Provide comprehensive contraceptive services to patients who request themAny Person
s.sch003 Child health surveillance Regulated
  • Provide child health surveillance and maintain records for children under 5Any Person
s.sch003 Maternity medical services Regulated
  • Provide maternity medical services to pregnant patients and new mothersAny Person
s.sch003a Requirement to provide vaccination services Regulated
  • Provide vaccination services if required by the Health BoardContractor
s.sch003a Conditions which apply to all vaccination services Regulated
  • Provide needed facilities and schedule vaccination services within core hoursAny Person
s.sch003a Vaccinations and immunisations Regulated
  • Provide adult vaccinations, record refusals, and train staff on anaphylaxisTrader
s.sch003a Childhood vaccinations and immunisations Regulated
  • Offer and administer childhood vaccinations with full records and staff anaphylaxis trainingTrader
s.sch003a Supplementary vaccinations and immunisations Regulated
  • Provide supplementary vaccinations and immunisations as required by Health BoardEmployer
47 other schedules
s.sch001 Qualifications of performers
s.sch001 Notifications to patients following variation of the agreement
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 Variation of an agreement: execution
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 Late payment notices
s.sch001 Termination by the Health Board: general
s.sch001 Other grounds for termination by the Health Board
s.sch001 Other grounds for termination by the Health Board for agreements entered into on or after 22nd December 2010
s.sch001 Health Board support for providers: community treatment and care services
s.sch001 Health Board support for providers: pharmacotherapy services
s.sch001 Other grounds for termination by the Health Board
s.sch001 Termination by the Health Board for unlawful sub contracting
s.sch001 Termination by the Health Board: additional provisions specific to agreements with one or more bodies corporate
s.sch001 Termination by the Health Board: changes in the provider
s.sch001 Agreement sanctions
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 etc.
s.sch002 Removals from the list of patients accepted elsewhere as temporary residents
s.sch002 Removals from the list of pupils etc. of a school
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 of patients to lists at request of provider
s.sch002 Application for variation of a practice area
s.sch002 Assignments to closed lists: assignments of patients by a Health Board
s.sch002 List of patients
s.sch003 Vaccinations and immunisations
s.sch003 Childhood vaccinations and immunisations
s.sch008 The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013
s.sch008 The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
s.sch008 The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004
s.sch008 The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
s.sch008 The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
s.sch008 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.