The Primary Medical Services (Scotland) Act 2004 (Consequential Amendments) Order 2004

• Citation: S.I. 2004/2261
• Sections: 5

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Primary Medical Services (Scotland) Act 2004 (Consequential Amendments) Order 2004 and shall come into force on 1 st October 2004.

(2) The extent of the amendments made by the Schedule is the same as that of the enactments amended, except that paragraphs 1 and 2 do not extend to Scotland .

Section 2 Consequential amendments

The enactments listed in the Schedule are amended as there specified.

Section 1

In article 4B of the Medicines (Pharmacy and General Sale – Exemption) Order 1980 (exemption for health professionals who supply medicinal products under a Patient Group Direction in order to assist doctors or dentists in providing national health services), for paragraph (3)(b)(ii) substitute—

(ii) in relation to Scotland, the provision of primary medical services under Part I of the National Health Service (Scotland) Act 1978; and

Section 2

In article 12B of the Prescription Only Medicines (Human Use) Order 1997 (exemption for health professionals who supply or administer prescription only medicines under a Patient Group Direction in order to assist doctors or dentists in providing national health services), for paragraph (3)(b)(ii) substitute—

(ii) in relation to Scotland, the provision of primary medical services under Part I of the National Health Service (Scotland) Act 1978; and

Section 3

(1) The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 shall be amended as provided in this paragraph.

(2) In article 10 (the General Practitioner Register)—

(a) in paragraph (4), for sub-paragraph (b), substitute—

(b) in Scotland, be included in a primary medical services performers list (Scotland);

(b) in paragraph (6), omit sub-paragraph (b); and

(c) in paragraph (7), omit “Scotland and”.

(3) In Schedule 1 (interpretation)—

(a) in the appropriate alphabetical position, insert—

“primary medical services performers list (Scotland)” means the list of primary medical services performers prepared in accordance with regulations made under section 17P of the 1978 Act (persons performing primary medical services);

(b) in the definition of “restricted services principal” , for paragraph (b) substitute—

(b) in Scotland, a general practitioner who had, pursuant to the National Health Service (General Medical Services) (Scotland) Regulations 1995 (before their revocation), undertaken to provide general medical services limited to—

(i) child health surveillance services,

(ii) contraceptive services,

(iii) maternity medical services, or

(iv) minor surgery services,

or any combination of the above; or

(4) In Schedule 8 (transitional, transitory and saving provisions), in paragraph 22 (general practitioners permitted to work within the National Health Service during the transitional period)—

(a) in sub-paragraph (2),for paragraph (b), substitute—

(b) in Scotland, inclusion in a primary medical services performers list (Scotland);

(b) omit sub-paragraph (4)(b); and

(c) in sub-paragraph (5), omit “Scotland or”.

(5) In Schedule 9 (consequential amendments to primary legislation)—

(a) in paragraph 3 (National Health Service (Scotland) Act 1978 (c. 29) ), omit sub-paragraphs (b) to (e); and

(b) in paragraph 6 (National Health Service (Primary Care) Act 1997 (c. 46) ), omit sub-paragraph (d).