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Statutory Instrument 1998 No. 658 (S.28)The National Health Service (Fund-holding Practices) (Scotland) Amendment Regulations 1998(The document as of February, 2008) STATUTORY INSTRUMENTS1998 No. 658 (S.28)The National Health Service (Fund-holding Practices) (Scotland) Amendment Regulations 1998
The Secretary of State, in exercise of the powers conferred on him by sections 2(5), 87A(4), 87B(5), 87C(1) to (4), 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 1978[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1998 and shall come into force on 1st April 1998. (2) In these Regulations, "the principal Regulations" means the National Health Service (Fund-Holding Practices) (Scotland) Regulations 1997[2]. Amendment of regulation 1 of the principal Regulations 2. - (1) Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows. (2) In paragraph (2), in the appropriate position in alphabetical order, insert-
(3) In paragraph (8) after the words "Health Board" where they first occur insert "or, in the case of a medical practitioner who is not included in a medical list but who performs personal medical services under a pilot scheme, to the address of the pilot scheme provider given in the pilot scheme".
(b) after the words "National Health Service Act 1977" insert "or, as the case may be, performing personal medical services under a pilot scheme to which a Health Authority is a party". Amendment of regulation 8 of the principal Regulations
(b) under which there are to be provided services which are not personal medical services, but which are services which may be provided by virtue of section 1(3) of the 1997 Act (other than the provision of drugs, medicines or appliances for immediate treatment or by way of personal administration or application), and references in this regulation to "fund-holding practice" shall be construed accordingly.". Amendment of regulation 20 of the principal Regulations
Amendment of Schedule 1 to the principal Regulations
(b) in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and (c) the pilot scheme does not provide for persons to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of primary care purchasing practices in Part II, of the list approved from time to time by the Secretary of State for the purposes of regulation 18.". Amendment of Schedule 2 to the principal Regulations
(b) in connection with the pilot scheme each member of the practice has a list of patients and the members together do not have a single list of patients; and (c) the pilot scheme does not provide for persons to receive under the pilot scheme any of the goods or services specified, in the case of standard fund-holding practices in Part I, and in the case of primary care purchasing practices in Part II, of the list approved from time to time by the Secretary of State for the purposes of regulation 18.". Amendment of regulation 8 of the principal Regulations 9.In regulation 8 of the principal Regulations (withdrawal or death of a member of a fund-holding practice) sub-paragraph (a) of paragraph (3) is omitted. Amendment of regulation 9 of the principal Regulations 10.In regulation 9 of the principal Regulations (application for change in status of recognised fund-holding practice) for paragraph (1) substitute-
Amendment of regulation 10 of the principal Regulations
Amendment of regulation 22 of the principal Regulations
(b) that the financial position of the members of the practice in relation to the allotted sum is such that, if the proposed expenditure were incurred, the savings then left to them would not be less than the total amount of any overspends which it is reasonable to predict for the relevant financial years. (3A) In paragraph (3)-
(b) where the accounts for the previous financial year have not yet been audited as mentioned in paragraph (2), that financial year.". Further amendment of Schedule 1 to the principal Regulations (This note is not part of the Regulations) These Regulations amend the National Health Service (Fund-holding Practices) (Scotland) Regulations 1997 ("the principal Regulations"), which provide for the recognition and operation of fund-holding practices. Regulations 2 to 8 amend the principal Regulations to take account of the enactment of the National Health Service (Primary Care) Act 1997. Regulations 9 to 15 make miscellaneous amendments to the principal Regulations. Regulation 10 removes the right of a primary care purchasing practice to apply to become a standard fund-holding practice and regulation 11 permits mid-year exits from fund-holding status. Regulation 14 makes further provision with regard to savings from the allotted sum. Regulation 15 amends Schedule 1 to the principal Regulations to provide for a minimum period of preparation of 12 months as a condition of obtaining recognition as a fund-holding practice. Notes: [1] 1978 c.29; section 2(5) was amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), Schedule 9, paragraph 19(1); sections 87A, 87B and 87C were inserted by the 1990 Act, section 34 and sections 87A and 87B were amended by the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, paragraphs 53 and 54; section 105(7), which was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 9, paragraph 24, contains provision, and section 108(1) contains a definition of "regulations", relevant to the exercise of the statutory powers under which these Regulations are made.back [2] S.I. 1997/1014.back [3] 1997 c.46.back [4] Section 87A(1) was amended by the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, paragraph 53(2).back ISBN 0 11 055739 5 -- Back --
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