Statutory Instruments of the Scottish Parliament

"additional services"

(a) with regard to a GMS practice, the meaning given in Schedule 1 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004[6]; and (b) with regard to any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be additional services within the meaning given in Schedule 1 to those Regulations;";

"CCT"

A Certificate of Completion of Training awarded under article 8 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[7] including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;";

"certification services"

Services related to the provision of the medical certificates listed in Schedule 3 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004;";

"collaborative services"

Primary medical services provided by a GP performer, a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider under or as a result of an arrangement between– (a) the Scottish Ministers or a Health Board; and (b) a local authority, under section 15 of the 1978 Act[8], under which the Scottish Ministers or the Health Board is responsible for providing services for purposes related to the provision of health care;";

"commissioned services"

Services provided under a contract between– (a) a GP performer, a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider; and (b) either– (i) a Special Health Board, which relates to the provision of health care; or (ii) the Scottish Ministers or a Health Board under section 16(1) of the 1978 Act, which is for the purposes of the health service;";

"Contracting Health Board"

(a) in the case of a non GP provider who is– (i) a partner in a partnership that– (aa) is a GMS practice; or (bb) has entered into a section 17C agreement; or (cc) is an HBPMS contractor and has entered into a contract for the provision of primary medical services; or (ii) a shareholder in a company limited by shares that is– (aa) a GMS practice; or (bb) a section 17C agreement provider; or (cc) an HBPMS contractor and has entered into a section 17C agreement for the provision of primary medical services; or (iii) an individual who is a GMS practice, section 17C agreement provider or an HBPMS contractor, the Health Board with which that partnership, company, practice, provider or contractor has entered into a contract or agreement referred to in those provisions; (b) in the case of a principal practitioner, the Health Board on whose medical performers list their name appears; and (c) in the case of an assistant practitioner or locum practitioner, the Health Board engaging the practitioner under a contract of services or for services and on whose medical performers list their name appears;";

"core hours"

The period beginning at 0800 hours and ending at 1830 hours on any day apart from Saturday, Sunday, Christmas Day, New Year's Day and any other public or local holiday which has been agreed in writing by the Health Board when entering into a GMS contract;";

"dispensing services"

The provision of drugs, medicines and such appliances which are included in the list prepared by the Scottish Ministers under section 27(1) of the 1978 Act;";

"enhanced services"

(a) with regard to a GMS practice, the meaning given in regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004; and (b) with regard to any other performer or provider of primary medical services, services which, if provided by a GMS practice, would be enhanced services within the meaning given in regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004;";

"essential services"

Services required to be provided in accordance with regulation 15 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004;";

"GMS contract"

A contract under section 17J of the 1978 Act[9] or under article 13 of the General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004[10];";

"GMS practice"

(a) a registered medical practitioner; or (b) two or more individuals practising in a partnership; or (c) a company limited by shares, with whom a Health Board has entered into a GMS contract;";

"GP performer"

A registered medical practitioner, other than a GP registrar or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services, or a combination thereof– (a) under a GMS contract, section 17C agreement or an HBPMS contract; or (b) on behalf of an OOH provider; or (c) under a contract of service or for services with a Health Board which relates to arrangements by which it is to provide services under section 2C of the 1978 Act[11];”;

"GP provider"

A GP performer who is– (a) a GMS practice, a section 17C agreement provider, an HBPMS contractor; or (b) a partner in a partnership that is a GMS practice, a section 17C agreement provider or an HBPMS contractor; or (c) a shareholder in a company limited by shares that is a GMS practice, section 17C agreement provider or an HBPMS contractor, and who performs medical services as or on behalf of that practice, provider or contractor;";

"HBPMS contract"

Arrangements for the provision of services in accordance with section 2C(2) of the 1978 Act between a Health Board and a HBPMS contractor;";

"HBPMS contractor"

A person with whom a Health Board has made arrangements under section 2C(2) of the 1978 Act, but only if that person is also a person who would be eligible to enter into, a GMS contract or a section 17C agreement for the provision of primary medical services and has not entered into such a GMS contract or section 17C agreement;";

"local authority"

A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils)[12];";

"medical performers list"

A list prepared by a Health Board pursuant to regulation 4(1) of the National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004[13];";

"non GP provider"

(a) a partner in a partnership that is a GMS practice, who is not a GP provider and who demonstrates to the satisfaction of the Scottish Ministers that he or she assists in the provision of NHS services provided by that practice; or (b) a partner in a partnership all of whose members have entered into a section 17C agreement for the provision of primary medical services, provided that the partner is not a GP provider and that the partner demonstrates to the satisfaction of the Scottish Ministers that he or she assists in the provision of NHS services provided by that partnership; or (c) a partner in a partnership that is an HBPMS contractor which has entered into an HBPMS contract for the provision of primary medical services, provided that the partner is not a GP provider and that the partner demonstrates to the satisfaction of the Scottish Ministers that he or she assists in the provision of NHS services provided by that HBPMS contractor; or (d) a shareholder in a company limited by shares that is– (i) a GMS practice; or (ii) a section 17C agreement provider; or (iii) an HBPMS contractor, provided that shareholder is not a GP provider, and that the shareholder demonstrates to the satisfaction of the Scottish Ministers that he or she assists in the provision of NHS services provided by that practice, provider or contractor; or (e) an individual who is a section 17C agreement provider or an HBPMS contractor, provided that the individual is not a GP provider, and that the individual demonstrates to the satisfaction of the Scottish Ministers that he or she assists in the provision of NHS services provided by that practice or contractor;";

"OOH provider"

Shall be construed in accordance with regulation A3;";

"OOH services"

Services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice to patients to whom the practice is required by its GMS contract to provide essential services, would be or would be similar to essential services;";

"out of hours period"

(a) the period beginning at 1830 hours on any day from Monday to Thursday and ending at 0800 hours the following day; (b) the period between 1830 hours on Friday and 0800 hours the following Monday; and (c) Christmas Day, New Year's Day and any other public or local holiday which has been agreed in writing by the Health Board when entering into a GMS contract, and part of an out of hours period means any part of any one or more of the periods described in sub paragraphs (a) to (c);";

"primary medical services"

Shall be construed in accordance with section 2C(5) of the 1978 Act[14]";

"section 17C agreement"

An agreement made under section 17C of the 1978 Act[15];"; and

"section 17C agreement provider"

Any person or body who is providing primary medical services in accordance with a section 17C agreement;";

(c) for the definitions of "employing authority", "GP registrar", "locum practitioner", "NHS dental employee" and "practice staff" substitute the relevant following definitions:–

"employing authority"

(a) a Health Board, Special Health Board or NHS National Services Scotland (established under section 2 and section 10 of the 1978 Act); or (b) a person who is providing piloted services; or (c) the Mental Welfare Commission established under section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003[16]; or (d) an OOH provider; or (e) an HBPMS contractor; or (f) a GMS practice; or (g) a section 17C agreement provider; or (h) any other body constituted under an Act relating to health services and which the Scottish Ministers agree to treat as an employing authority for the purposes of the scheme;";

"GP registrar"

(a) until the coming into force of article 5 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, a medical practitioner who is being trained in general practice by a medical practitioner who– (i) has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998[17]; and (ii) performs primary medical services; and (b) from the coming into force for all purposes of that article, a general medical practitioner who is being trained in general practice by a medical practitioner who is approved under that article for the purpose of providing training under article 5(1)(c)(i) of that Order, whether as part of training leading to the award of a CCT or otherwise;";

"locum practitioner"

A registered medical practitioner (other than a GP registrar) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by– (a) a GMS practice; or (b) a section 17C agreement provider; or (c) an HBPMS contractor; or (d) an OOH provider; or (e) a Health Board, to deputise or assist temporarily in the provision of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services or collaborative services (or any combination of those services);";

"NHS dental employee"

An individual who, in the connection with the provision of dental health services in the health service, is employed by– (a) a Health Board; or (b) a registered dentist, including one who is providing personal dental services in accordance with a pilot scheme;"; and

"practice staff"

A person (other than an assistant practitioner, principal practitioner, GP registrar or non GP provider) employed by a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider to assist in the provision of the services they provide;";

(a) a company limited by guarantee (which is not otherwise an employing authority)–


(i) in which all the members of the company are registered medical practitioners, HBPMS contractors, GMS practices or section 17C agreement providers and the majority of those members are–


(aa) HBPMS contractors, GMS practices or section 17C agreement providers whose HBPMS contracts, GMS contracts or section 17C agreements require them to provide OOH services; or

(bb) registered medical practitioners who are partners or shareholders in a HBPMS contractor, GMS practice or section 17C agreement provider which is a partnership or a company limited by shares and which is required to provide OOH services under its HBPMS contract, GMS contract or section 17C agreement;



(ii) which has a contract with a Health Board, an HBPMS contractor, a GMS practice or a section 17C agreement provider for the provision of OOH services; and

(iii) in respect of which a Health Board appointed by the Scottish Ministers to act on their behalf–



(aa) is satisfied that the provision of OOH services by the company is wholly or mainly a mutual trading activity;

(bb) is satisfied that the company has met all the conditions for being an OOH provider in this regulation; and

(cc) has, pursuant to a written application made by the company to it for that purpose, approved the company as an employing authority; or



(b) some other body corporate (which is not otherwise an employing authority) which–



(i) operates in the interests of those who are the recipients of the primary medical services it provides or of the general public;

(ii) operates on a not for profit basis;

(iii) is not an associated company in relation to another person;

(iv) has a memorandum or articles or rules which–


(aa) prohibit the payment of dividends to its members;

(bb) require its profits (if any) or other income to be applied in promoting its objects; and

(cc) require all assets which would be otherwise available to its members generally to be transferred on its winding up either to another body which operates on a not for profit basis and whose purpose is to provide health or social care for the benefit of the community or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto;



(v) has at least one member who is–



(aa) an HBPMS contractor, GMS practice or a section 17C agreement provider; or

(bb) a partner in a partnership which is an HBPMS contractor, GMS practice or a section 17C agreement provider; or

(cc) a shareholder in a company limited by shares that is a HBPMS contractor, GMS practice or a section 17C agreement provider;



(vi) has a contract with a Health Board, an HBPMS contractor, GMS practice or section 17C agreement provider, for the provision of OOH services; and

(vii) is approved as an employing authority by a Health Board appointed by the Scottish Ministers to act on their behalf–



(aa) pursuant to a written application made by the body to it for that purpose; and

(bb) that Board being satisfied that the body has met all the conditions for being an OOH provider in this regulation.

    (2) For the purposes of paragraph (1)(b)(iii), a body corporate is to be treated as another person's "associated company" if that person has control of it, except where that person is an employing authority, and for these purposes a person shall be taken to have control of a body corporate if they exercise, or are able to exercise, or are entitled to acquire direct or indirect control over its affairs.

    (3) A company limited by guarantee or other body corporate which provides or is to provide OOH services and which wishes to be approved as an employing authority shall make a written application to a Health Board appointed by the Scottish Ministers to act on their behalf ("the appointed Board")

    (4) An application referred to in paragraph (3) may specify a date from which approval by the appointed Board (if given) shall have effect ("the nominated date").

    (5) Where, before 21st February 2006–

(a) a company limited by guarantee or other body corporate makes an application which contains a nominated date earlier than the date on which approval is subsequently given ("the approval date"); and

(b) the appointed Board is satisfied that, throughout the period beginning with the nominated date and ending with the approval date, the company or other body corporate has satisfied the conditions for approval,

that approval shall be treated as having been given on the nominated date.

    (6) Where before 21st February 2006–

(a) a company limited by guarantee or other body corporate makes an application which contains a nominated date later than the approval date; and

(b) the appointed Board is satisfied that the company or other body corporate will satisfy the conditions for approval at that later date,

that approval shall take effect on the nominated date.

    (7) Where, on or after 21st February 2006, a company limited by guarantee or other body corporate makes an application and–

(a) the appointed Board is satisfied that the company or other body corporate meets the conditions for approval or will do so at any nominated date which is later than the approval date; and

(b) it approves that application,

that approval shall take effect on the later of the nominated date and approval date.

    (8) Where–

(a) paragraph (5) or (6) applies, the NHS employment shall be treated as commencing on the nominated date;

(b) paragraph (7) applies, it shall be treated as commencing on the later of the nominated date (if any) and the approval date.

    (9) For the purposes of this regulation–

(a) the conditions for approval are those referred to in paragraph (1)(a) or (b) as the case may be; and

(b) the nominated date cannot be earlier than 1st April 2004.

    (10) The appointed Board may give an OOH provider a notice in writing terminating its participation in the scheme where that provider–

(a) may opt out of it from any day falling within the period specified in paragraph (1B) by giving notice in writing to that provider; and

(b) will be treated as having left pensionable employment on the date on which that notice takes effect.

    (1B) For the purposes of paragraph (1A), that period–

(a) starts on the date on which NHS employment is treated as commencing under regulation A3(7); and

(b) ends on the date on which the notice is received by the OOH provider.

    (1C) A notice referred to in paragraph (1A) must be given no later than one month from the end of the pay period in which the date on which approval of an application under regulation A3 falls.";

(a) referred to in paragraph (1) shall take effect–


(i) from the first day of the pay period immediately following its receipt by the employing authority; or

(ii) where a later date is specified in the notice, from the first day of the pay period following the pay period in which the specified date falls;



(b) referred to in paragraph (1A) shall take effect–



(i) from the first day of the pay period immediately following receipt by the OOH provider; or

(ii) where a date not earlier than the date on which the NHS employment is treated as commencing under regulation A3(7) is specified in the notice, from that date.";

(c) for paragraph (4), substitute–

(a) who opts out of the scheme under paragraph (1) before the end of the pay period during which the employing authority included that person in the scheme; or

(b) whose opt out under paragraph (1A) takes effect in respect of that period,

shall be treated as never having been included in the scheme."; and

(a) the first day of the first pay period after the notice to join or rejoin the scheme is received; or

(b) such other date being–


(i) the first day of a pay period; and

(ii) no earlier than the first day of the pay period immediately following the pay period in which the notice to opt out of the scheme referred to in regulation B4(1A) (or the latest of them) took effect in accordance with regulation B4(2),



as is specified in that notice.".

(a) all salary, wages, fees and other regular payments made to a member in respect of pensionable employment as an officer, but does not include bonuses, payments made to cover expenses or payments for overtime; and

(b) in respect of a non GP provider who, by virtue of regulation R1(3) of these Regulations is treated as an officer, pensionable earnings calculated in accordance with–


(i) paragraph 3 of Schedule 1; or

(ii) where the non GP provider is a practitioner in partnership, paragraph 4 of Schedule 1.".

" (f) in the case of practice staff any employment or portion of their employment which does not relate to the provision of services under a GMS contract, a section 17C agreement, an HBPMS contract or to the provision of OOH services.".

(a) the member agrees to such a deduction; and

(b) the deduction is to the member's advantage.".

" (aa) the widow or widower has been convicted of an offence specified in regulation T6(1A) and the Scottish Ministers have directed, as a consequence of that conviction, that the widow's or widower's right to a payment in respect of the member's death shall be forfeited; or"; and

(b) after paragraph (3A)(a) insert–

" (aa) that person has been convicted of an offence specified in regulation T6(1A) and the Scottish Ministers have directed, as a consequence of that conviction, that that person's right to a payment in respect of the member's death shall be forfeited; or".

(a) the member's widow or widower; or

(b) a dependant of the member; or

(c) a person not coming within sub-paragraph (a) or (b) who is specified in a notice given under regulation F5(3A); or

(d) a person to whom such benefits or amounts are payable under the member's will or on their intestacy,

and that person is convicted of the offence of murder or culpable homicide of that member or of any other offence of which the unlawful killing of that member is an element."; and

(i) for "31st March 1999" substitute "31st March 2003"; and

(ii) for "5 years" substitute "4 years";

(b) for paragraph (5) substitute–

(a) contributions deducted from salaries and wages; and

(b) contributions to the scheme made under D2(1),

in a manner approved by the Scottish Ministers and, except where the Scottish Ministers waive such requirements, provide a statement in respect of such matters, covering all scheme members except principal practitioners and non GP providers, to the Scottish Ministers within 2 calendar months of the end of each financial year."; and

" "assistant practitioner" means–

(a) in the case of a registered medical practitioner–


(i) a GP performer who is not a GP provider but who is–


(aa) employed (whether under a contract of service or for services) by a GMS practice, a section 17C agreement provider, an HBPMS contractor, an OOH provider or a Health Board; and

(bb) in that employment engaged wholly or mainly in assisting his employer in the discharge of the employer's duties as a GMS practice, a section 17C agreement provider, an HBPMS contractor, an OOH provider or a Health Board; or



(ii) a registered medical practitioner who is participating in a Doctors' Retainer Scheme; and



(b) in the case of a dental practitioner, a practitioner on a supplementary list employed by a principal practitioner, who in that employment is wholly or mainly engaged assisting his employer in the discharge of the employer's duties as a registered dentist;";

(c) for the definition of "principal practitioner" substitute–

" "principal practitioner" means–

" (a) any sum on account of practice expenses; and";

(c) for sub-paragraph (2)(a), substitute–

(i) after "Practitioners", insert "and any non GP providers who are partners in partnership"; and

(ii) after "writing" insert "to their Contracting Health Board";

(c) omit sub paragraph (3);

(d) in sub-paragraph (4), after–

(i) "principal practitioners" insert "and non GP providers"; and

(ii) "each practitioner's", insert "and non GP provider's"; and

(e) in sub-paragraph (5), for–

(i) "each quarter" substitute "each financial year"; and

(ii) "that quarter" substitute "that year".

(a) all salary, wages, fees and other regular payments paid to the practitioner by an employing authority in respect of the performance of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services, collaborative services, general dental services or pharmaceutical services but does not include bonuses or payments made to cover expenses or for overtime;

(b) allowances and any other sums (but excluding payment made to cover expenses) paid by an employing authority in respect of Board and advisory work; and

(c) practice based work carried out in educating or training, or organising the education or training of, medical students or practitioners.";

(b) in sub-paragraph (3)(a) before "practitioner", in both places where it occurs, insert "dental";

(c) in sub-paragraph (3)(b) omit "medical or"; and

(d) for sub-paragraph (5), substitute–

(a) the accounts drawn up in accordance with generally accepted accounting practice by the practice of which he or she is a member; and

(b) the return that he or she has made to the Commissioners for Her Majesty's Revenue and Customs in respect of their earnings for that year,

no later than one month from the date on which that return was required to be submitted to the Commissioners.

    (3) In respect of each financial year, a Contracting Health Board, or someone appointed to act on their behalf, shall forward a record of–

(a) all contributions to the scheme made under paragraph 10 in respect of principal practitioners and non GP providers; and

(b) their pensionable earnings,

to the Scottish Ministers within one month of the end of the financial year immediately following the financial year to which that return relates.".

" "assistant practitioner" means–

(a) a GP performer who is not a GP provider but who is–


(i) employed (whether under a contract of service of for services) by a GMS practice, a section 17C agreement provider, an HBPMS contractor, an OOH provider or a Health Board; and

(ii) who in that employment is engaged wholly or mainly in assisting his employer in the discharge of the employer's duties as a GMS practice, a section 17C agreement provider, an HBPMS contractor, an OOH provider or a Health Board; or



(b) an employee of a dental practitioner on the list of a Health Board, being himself a dental practitioner who, in such employment, is engaged in assisting his employer in the actual discharge of their duties as such practitioner and for whose employment the consent of the Health Board has been obtained;";

" "employing authority" means–