Primary Medical Services (Scotland) Act 2004

Persons performing primary medical services

5Persons performing primary medical services

(1)The 1978 Act is amended as follows.

(2)After section 17O (as inserted by section 4 above) insert—

“Persons performing primary medical services

17PPersons performing primary medical services

(1)Regulations may provide that a health care professional of a prescribed description may not perform any primary medical service which a Health Board is, under section 2C(1), under a duty to provide or secure the provision of unless that professional is included in a list maintained under the regulations by the Health Board.

(2)For the purposes of this section, “health care professional” means a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).

(3)Regulations under subsection (1) may make provision in relation to such lists and in particular as to—

(a)the preparation, maintenance and publication of a list;

(b)eligibility for inclusion in a list;

(c)applications for inclusion (including provision for the procedure for applications to be made and dealt with and the documents to be supplied on application);

(d)the grounds on which an application for inclusion may or must be granted or refused;

(e)requirements with which a person included in a list must comply (including requirements as to standards of performance and patient care and as to declarations, consents or undertakings);

(f)suspension or removal from a list (including the grounds for and consequences of suspension or removal);

(g)circumstances in which a person included in a list may not withdraw from it;

(h)payments to be made by a Health Board in respect of a person suspended from the list (including provision for the amount of, or the method of calculating, the payment to be determined by the Scottish Ministers);

(i)the criteria to be applied in making decisions under the regulations;

(j)appeals against decisions made by a Health Board under the regulations;

(k)disclosure of information about applicants for inclusion, refusals of applications, or suspensions, removals or references to the Tribunal.

(4)Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—

(a)by a Health Board to the Scottish Ministers; and

(b)by the Scottish Ministers to a Health Board.”

(3)In section 29 (the NHS Tribunal)—

(a)in subsection (6), after “list” in the second place where it occurs insert—

“(a)in relation to a list referred to in subsection (8)(a), perform or undertake to provide;

(b)in relation to any other list referred to in subsection (8),”,

(b)for paragraphs (a) and (aa) of subsection (8) substitute—

“(a)a list of health care professionals of a prescribed description performing primary medical services;”,

(c)after that subsection insert—

“(8A)In subsection (8)(a), “health care professional” has the same meaning as in section 17D.”